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HomeMy WebLinkAbout2018-030-Contract for Utility Wood Pole Contract for Utility Wood Pole Inspections & Remedial Treatment CITY OF CONTRACTOR: Osmose Utilities Services, Inc. ASHLAND CONTACT: David R. Hagley, Sr. Vice President 20 East Main Street Peter M. Griffen, Director Business Development Ashland, Oregon 97520 Telephone: 541/488-6002 ADDRESS: 635 Highway 74 South, Peachtree City, GA 30269 Fax: 541/488-5311 TELEPHONE: 770-632-6700 FAX: 678-364-0844 DATE AGREEMENT PREPARED: December 15, 2017 EMAIL: pgriffen@osmose.com BEGINNING DATE: January 1, 2018 COMPLETION DATE: December 31, 2022 COMPENSATION: Per Fee Schedule referenced as Exhibit E within the City's RFP. GOODS AND SERVICES TO BE PROVIDED: Utility Wood Pole Inspections & Remedial Treatment, Per the City's RFP and Contractor's bid attached as Exhibit C. Contractor's recommended revisions included with their proposal are incorporated below. The City's intent is to have approximately 300 poles inspected annually. Term of contract: Five (5) Years/NTE $100,000.00 ADDITIONAL TERMS: Contractor shall, throughout the term of this contract, including any extensions hereof, comply with: (a) All tax laws of State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318, (b) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; (c) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Contractor, fora period of no fewer than six O 6 calendar years preceding the effective date of this contract has faithfully complied with: (d) All tax laws of State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (e) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; (a) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Contractor's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this contract. 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 rima 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. 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, 27913.230, 279B.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 $20,688.86 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 an subcontractor Contract for Utility Wood Pole Inspections & Remedial Treatment, 12/15/2017 Page 1 of 6 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 $2,000,000 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 $2,000,000, 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, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. The City of Ashland. Oregon, and its elected officials officers and employees' status as additional insured shall not apply to the alleged negligent acts or negligent failure to act by The City of Ashland. Oregon, and its elected officials, officers or employees. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Utility Wood Pole Inspections & Remedial Treatment, 12/15/2017 Page 3 of 6 Contrac r: City of Ashland 1 By By Sig ure City A ~ istrator / Public Contracting Officer 4Vl~ 46LE Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Ashland Asst. City Attorney Contract for Utility Wood Pole Inspections & Remedial Treatment, 12/15/2017 Page 4 of 6 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, 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. V, (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. V (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 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. os Z.o (8 01 Contra r (Date) Contract for Utility Wood Pole Inspections & Remedial Treatment, 12/15/2017 Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAG E per hour effective June 30, 2017 L (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of Note: "Employee" does not employer and the City of $20,688.86. 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 a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the y In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Utility Wood Pole Inspections & Remedial Treatment, 12/15/2017 Page 6 of 6 ACCAZ CERTIFICATE OF LIABILITY INSURANCE DATE(MNI7O YYYY) 06/2912017 Ii 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: 1560 Sawgrass Corporate Pkwy, Suite 300 PH~C. No Fall. ONE ac No: Sunrise, FL 33323 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 101742660-GAWU-17-18 INSURER A: Zuach American Insurance Company 16535 INSURED INSURER B : National Fire 8 Marine Insurance CO 20079 Osmose Utilities Services, Inc. 635 Highway 74 INSURER C: Navigators Insurance Company 42307 Peachtree City, GA 30269 INSURER D: Everest National Insurance Co 10120 INsgBER E : Indemnity Ins Co Of Noah America 43575 NSURERF: COVERAGES CERTIFICATE NUMBER: ATL-004182572-03 REVISION NUMBER:O 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. ILTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP POLICY NUMBER MMIDDIYYYY MMIDDrYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLOMN439-02 07/01/2017 0710/2018 EACH OCCURRENCE $ 11000,000 CLAIMS-MADE ~ OCCUR PREMIET RENTED PREMISES (Be occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Bufferlimltis GENERAL AGGREGATE $ 2,000,000 POLICY ~jE~T 0LOC Per Occ/Aggr/Pmd Camp Ops PRODUCTS - COMP/OP AGG $ 2,000,000 C OTHER: NY17EXC903879 IV Buffer 0710112017 071012018 Buffer: $ 1,000,000 A AUTOMOBILE LIABILITY BAP 0361440-02 071012017 0711)112016 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) $ ALLOWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident 8 42-XSF-302666-02 Excess Auto 0710112017 071012018 Excess Autombile Limit: S 1,000,000 D X UMBRELLA LIAB X OCCUR XC3EX00016-171 07101/2017 0710112018 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DELI RETENTION$ IS A WORKERS COMPENSATION WC 0381438-02 0710112017 07101/2018 X PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE N N/A E.L EACH ACCIDENT $ 1,000,OOD OFFICERMIEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE 5 1,000,000 Iles. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess XSM G46784558 001 (Excess) 071012017 071012018 Limit: 15,000,000 Policy is XS of $10,000,000 DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Ashland, Oregon, and its elected officials, officers and employees are Additional Insured on a primary and non-contributory basis in regard to the above Liability policies when required by executed written contract. A Waiver of Subrogation is included when required by executed written contract. Workers Compensation coverage is extended to the stale of Oregon. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 90 N. Mountain Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQED REPRESENTATIVE of Marsh USA Inc. Sandi Lee ~f¢r~dGh<x_ 111q _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Kariann Olson From: OsmoseContracts <OsmoseContracts@osmose.com> Sent: Thursday, January 18, 2018 5:35 AM To: Kariann Olson Cc: Griffen, Peter Subject: RE: Insurance requirements Attachments: 17-18.City of Ashland-OR.PDF Ms. Olson: We have $10M in Umbrella that would cover the General Liability, which means we have plenty of coverage. Let me know if you need anything else. Thanks, Kim McDonald Supervisor - Contracts 635 Highway 74 5 I Peachtree City, GA 30269 Office: 770-632-6784 osmose. From: Griffen, Peter Sent: Wednesday, January 17, 2018 11:23 PM To: OsmoseContracts <OsmoseContracts@osmose.com>; Kariann Olson <kari.olson@ashland.or.us> Subject: FW: Insurance requirements Kariann - I will link in our Osmose Contracts Group on this discussion since they would be the ones who could answer your question. Michelle- Is a $2m insurance certificate something that we have the ability to request? Please see Kariann's email below. Peter M. Griffen I Director- Business Development 1 Osmose Utilities Services, Inc. 9 (315) 552 -8382 12 periffenPosmose.com I Portland, OR visit us @: www.osmoseutilities.com r9 5sxih h~°„.,~ ^xlaaa From: Kariann Olson fmailto:kari.olson(@ashland.or.usl Sent: Wednesday, January 17, 2018 4:46 PM i To: Griffen, Peter <periffen@osmose.com> Cc: Kariann Olson <kari.olson(@ashland.or.us> Subject: Insurance requirements Hello Peter, 1 . x lihe City of Ashland requires $2,000,000 per occurrence for general liability and Osmose certificate of insurance is for $1,000,000 per occurrence. Are you able to request an insurance certificate with $2,000,000 per occurrence for general liability? Thank you. Kariann Kariann Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson(aashland.or.us visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541) 488-5354. Thank you. z Osmose® November 27, 2017 Ms. Kari Olson Purchasing Representative CITY OF ASHLAND ELECTRIC DEPARTMENT 90 N Mountain Avenue Ashland, OR 97520 RE: UTILITY WOOD POLE INSPECTIONS AND REMEDIAL TREATMENT RFP DUE NOVEMBER 30, 2017 BY 2:OOPM PST Dear Ms. Olson: At the request of our Director-Business Development, Mr. Peter Griffen, and in response with the above mentioned RFP, dated October 31, 2017, Osmose Utilities Services, Inc. appreciates the opportunity to submit the following unit prices to City of Ashland Electric Department pertaining to the inspection and treatment of distribution poles in 2018-2022. The following prices are for 2018. For the years 2019 to 2022, we propose using the Consumer Price Index (CPI) for price rate adjustments. The annual increases will be based on the most current "Table 3. Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, special aggregate indexes." The current CPI available is attached for your reference. Our bid accompanies this letter and is comprised of all required documentation as instructed in the RFP. Osmose accepts City of Ashland Electric Department's Exhibit F. Osmose has included our standard Pole Inspection Specification, in order to satisfy the proposal requirements regarding detailed steps for performing pole inspection, a list and description of treatments provided for the project, and illustrations of treatment tags. Osmose appreciates the opportunity to submit this proposal. We look forward to expanding our relationship and being of service to your organization on this important project. If you need further assistance or have any questions concerning this proposal, please do not hesitate to contact Mr CTriffen at (115) 552-RtR2 SiPidR. D ag le Sr. Vice President Attachment DRH/mh C: File 1023764 Osmose Utilities Services, Inc. 635 Highway 74 South • Peachtree City, GA 30269 770-632-6700 • Fax 678-364-0844 1 4smose Table of Contents Exhibit A: Proposal Submission Form 4 History & Overview of Osmose 5 Resumes 7 Exhibit F: City of Ashland Specification .............................10 Osmose Specification 19 To provide: • Pole Inspection detailed steps • List/description of treatments • Illustrations of treatment tags Summary of the Osmose Safety Program 42 Osmose Safety Manual Table of Contents... 46 Summary of the Osmose Pesticide Training Program........ 54 Standards for Transportation & Storage of Preservatives. 57 Osmose Wood Preservative Disposal Policy 59 Summary of Personal Protective Equipment 61 City of Ashland Tax Registration... o 63 References. o 64 Exhibit E: Fee Schedule 65 Exhibits B, C : ......................................................................66 _ • Certificate of Compliance Affidavit of Trade Secret Recommended Revisions to Contract 85 Insurance Certificate 87 SDS Sheets 88 Proprietary Information: The information contained in this document is the property of Osmose Utilities Services, Inc., and is furnished to the recipient as confidential matter. The holder of this document shall not share, disclose, divulge, or otherwise communicate the document's contents, in whole or in part, to any third party except as expressly authorized by Osmose Utilities Services, Inc. Copyright: © 2017 Osmose Utilities Services, Inc. All rights reserved. No part of this document may be reproduced, transmitted, transcribed, or translated into any language without the prior written permission of Osmose Utilities Services, Inc. Proposal for Utility Wood Pole Inspections & Remedial Treatment for City of Ashland Electric Department 3 EXHIBIT A Electric Department Request for Proposals UTILITY WOOD POLE INSPECTIONS & REMEDIAL TREATMENT October 31, 2017 Proposal Submission Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for UTILITY WOOD POLE INPSECTIONS & REMEDIAL TREATMENT, released on October 31, 2017. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: DRH The proposer hereby acknowledges receipt of Addendum Nos. 1 , 2 , to this RFP. Full legal name of company: Osmose Utilities Services, Inc. Principle owner's name: U.S. Privately Owned Company 635 Highway 74 South Business Address: Peachtree City, GA 30269 State and location of 635 Highway 74 South .palsy Peacharee i.ii Uri .)VZOi Year business established: 2002 Telephone Number: 770-632-6735 Fax Number: 678-864-0844 Email Address: osm ec ntracts@o 0 om Authorized Signature: Printed/Typed Name: Da d R. Hagle Title: Sr. Vice President Date: 11/27/17 RFP - Utility Wood Pole Inspections, Page 17 of 35 4 - 4~ 4smose~ The History and Overview of Osmose Utilities Services, Inc. History and Origin of the Osmose Family of Companies During the early 1930's, Dr. Carl Schmittutz of Bad Kissingen, Germany invented a process and formula for the preservation of wood. He organized the Osmose Wood Impregnating Company of Leipzig, Germany, and obtained patents for this process in many countries throughout the world, including the United States and Canada. On November 13, 1934, Osmose Wood Preserving Co. of America, Inc. was organized in the State of New York to market this patented wood preservation technology in the United States and Canada. In the 1980's, the name Osmose Wood Preserving Co. of America, Inc. was shortened to Osmose Wood Preserving, Inc., and further shortened in 1998 to Osmose, Inc. On January 1, 2003, the company was incorporated as Osmose Holdings, Inc., and three subsidiaries were created: (i) Osmose, Inc.; (ii) Osmose Railroad Services, Inc.; and (iii) Osmose Utilities Services, Inc. In May, 2012, Osmose Holdings, Inc. was acquired by certain investment funds managed by Oaktree Capital Management, L.P. Osmose Holdings, Inc.'s, and all of its subsidiaries', business and management structure remains the same. In August, 2015, Osmose Utilities Services, Inc., and its subsidiaries, were purchased by Kohlberg & Company. Overview of Osmose Utilities Services, Inc. Osmose Utilities Services, Inc. ("Osmose") is a privately held Corporation headquartered in Peachtree City, Georgia. Osmose also has offices located in Buffalo and Syracuse, New York. Osmose is a national organization operating throughout the entire United States with field crews, operations, and sales t management personnel serving utilities in every state of the country. Osmose's mission is to help utilities improve the performance and lower the costs of distribution and transmission networks. For the past 80 years, Osmose has been providing inspection, maintenance, rP,, a iati,.,, nnrl rPCtnratic%n CPrvir..es and products designed to extend the useful life of its utility customers' critical infrastructure. Annually, Osmose is under contract for thousands of different projects, performing an array of services on millions of utility assets. Osmose has established itself as a leader in the utility industry, in large part, because of its ability to create and execute viable solutions for a utility's many challenges. Osmose's diversification has evolved from consulting with customers to investing in technology, processes, procedures, and personnel. Pole inspection, remedial treatment, pole restoration, and pole maintenance services/products remain Osmose's foundation. However, in recent years, Osmose has expanded its knowledge of utility infrastructure and leveraged its capabilities to hire, train, and manage technically skilled field resources to diversify its range of solutions. Some of the additional services provided include, but are not limited to, new inspection and maintenance services for padmounted transformers, steel towers, grounding systems, the control of right-of-way vegetation (with specialized herbicides), facility inspections, streetlight and joint use inventories, connectivity and phasing surveys, GIS attribute collection, pole loading and make- ready services, and a variety of post-storm damage assessment and inventory services. The resultant data can be delivered via an Osmose hosted web interface (formatted to the customer's specification). Reviewed/Approved: J.R. 08/26/15 1 of 2 5 Osmose Osmose is involved in the utility industry and is proud to be members of the following organizations: the American Wood Protection Association ("AWPA"), the Edison Electric Institute ("EM"), the National Rural Electric Cooperative Association ("NRECA"), and the American Public Power Association ("APPA"). Osmose is a contributing member in dozens of state and regional utility associations, and its staff members are active in many professional organizations such as the Institute of Electrical and Electronics Engineers ("IEEE"), the American National Standards Institute ("ANSI"), and NACE International ("NACE"). In addition, Osmose is a sponsor of the Wood Pole Cooperative Research Program at Oregon State University. Reviewed/Approved: J.R. 08/26/15 2 of 2 6 osmose,John Griebling Contact Information General Manager-Operations White Salmon, Washington jriebling@osmose.coin Work Summary Year Started: 2001 Responsibilities: Current responsibilities include: managing the activities and performances of supervisory personnel who, in turn, have direct responsibility and supervision of field j crews (including enhancing operational performance by emphasizing safety, quality, production and customer satisfaction) on numerous projects for utilities throughout, but not limited to, MT, SD, ND, NE. CA, UT, WY, ID, OR & WA including I ii Municipals, Cooperatives, and Investor-Owned Utilities. f: . Education, Training, and Certifications Educational ➢ High School Diploma from Bishop Gorman 1-ligh School (located in Las Vegas, in 1979 NV) Achievements: ➢ Attended University of Nevada, Las Vegas: completed 3 years Training and r: ➢ Global Positioning Systems ("GPS") Proficiencies: ➢ Osmose's FastGate© Mobile data collection software j ➢ Osmose's Video Data CaptureTM field collection process ➢ Osmose's Strength CaIcTM software ➢ Microsoft Office Suite (Word, PowerPoint, Access, Excel, Project, and Visio) v Certifications: ➢ Certified through Osmose's "Foreman Training Program" ➢ Certified through Osmose's "Pesticide Training Program" y ➢ Certified through Osmose's "Safety Training Program" ➢ Certified through Osmose's "Safe Driver Qualification Program" ;j ➢ Certified through Osmose's "ATV Qualification Program" ➢ Osmose Certified in "Overhead Facilities Recognition" j j Utility Industry Experience; Field experience performing/supervising/managing the following services for Osmose: ii ➢ Pole Inspection and Treatment ➢ Line Patrols ➢ Pole Restoration ➢ Safety Inspections ➢ Padmounted Transformer Inspection and ➢ Asset Inventories I Maintenance ➢ Clearance Analyses ➢ Steel Tower Inspection and Repair ➢ Stray Voltage Detection ➢ Attachment Audits ➢ Storm Response and Recovery ➢ Street Light Audits ➢ Fire Guard Applications r, Pesticide License Information" Classification License Number State Expires J Qualified Applicator License 109402 California 12/31/2018 1 of 1 7 4smose~ Adrian Bosch - Senior Supervisor ---I Medford, OR abosch*osmose com Work Summary Year Started: 2003 1 Responsibilities: Current responsibilities include: direct supervision of field crews (including overseeing their safety, quality, production, expense control, and crew management performance) on numerous projects for utilities throughout, but not limited to, SD,ND,NE,MN,CO,TX,IA,PA,OFI,NY,MT,UT,WY,FL,OR, CA States> including Municipals, Cooperatives, and Investor-Owned Utilities. Education, Training, and Certifications Educational ➢ High School Diploma 1'1'0111 Rutland Senior Secondary (located in Kelowna, BC Achievements in 1995 ➢ Resource Management diploma in Forestry from Selkirk College located in , Castlegar, BC in 1998 Training and Global Positioning Systems "GPS") Proficiencies: ➢ Osmose's FastGate© Mobile data collection software ➢ Osmose's Video Data CaptureTM field collection process ➢ Osmose's LoadCalcTM software i' ➢ Osmose's StrengthCaleTM software ➢ Microsoft Office Suite (Word, PowerPoint, Access, Excel, Project, and Visio) Certifications: C ➢ Certified through Osmose's "Foreman Training Program" ➢ Certified through Osmose's "Pesticide Training Program" i ➢ Certified through Osmose's "Safety Training Program" G Certified through Osmose's "Safe Driver Qualification Program" ➢ Certified through Osmose's "ATV Qualification Program" ➢ Osinose Certified in "Overhead Facilities Recognition" Utility Industry Experience rietu experlCnce performing/supervising tr.e ivitvvri c. JviVi-.- - iVt':aria--c. I ➢ Pole Inspection and Treatment ➢ Network/System Inventories (including ➢ Pole Restoration Phasing and Connectivity) i! ➢ Padmounted Transformer Inspection and ➢ Clearance Analyses E' f Maintenance ➢ Pole Loading Analyses and Make-Ready I? ➢ Attachment Audits Design ➢ Safety Inspections ➢ Stray Voltage Detection ➢ Asset Inventories ➢ Storm Response and Recovery ➢ Fire-Guard Applications 'J1 Pesticide License Information Classification License Number State Expires Wood Treatment AGL 10 1 7449CPA OR i' 12/31/2020 j Wood Preservation 126660 JF CA 12/31/2018 1 of 1 8 Osmose. Heath Donahoe Contact Information ~i Foreman Malin, OR 541-892-1667 Work Summary Year Started: 2009 Responsibilities: Current responsibilities include: coordinating the field operations of large crews including direct supervision, promoting safety; and hiring and training; maintenance on crew vehicles and equipment; administrative paperwork and reports including l crew payrolls; and maintaining customer relations on numerous projects for utilities throughout, but not limited to, UT, CA,WA,ID,OR,WY including Municipals, Cooperatives, and Investor-Owned Utilities. Education, Training, and Certifications School located in , Educational 1-ligh School Diploma from Lost River Junior Senior High Achievements: Merrel, OR in 2006 Training and ➢ Global Positioning Systems ("GPS") Proficiencies: ➢ Osmose's FastGate® Mobile data collection software ➢ Osmose's StrengthCalcTM software ➢ Microsoft Office Suite Certifications: ➢ Certified through Osmose's "Foreman Training Program" ➢ Certified through Osmose's "Pesticide Training Program" j ➢ Certified through Osmose's "Safety Training Program" ➢ Certified through Osmose's "Safe Driver Qualification Program" ➢ Certified through Osmose's "ATV Qualification Program" ➢ Flagger License ➢ IBEW JATC Climbing certification 2012 Utility Industry Experience Field experience performing the following services for Osmose: ➢ Pole Inspection and Treatment ➢ Clearance Analyses ➢ Steel Tower Inspection and Repair ➢ G095 Overhead data collection ➢ Attachment Audits ➢ NESC Overhead data collection ➢ Street Light Audits ➢ Pole Restoration 1 ➢ Line Patrols Safety Inspections ➢ Asset Inventories Pesticide License Information Classification License Number State Expires Wood Pole Treatment AG-L 1046048 CPA OR 12/31/2021 1 of 1 9 EXHIBIT F Detailed Specifications Pertaining to Pole Inspections The following specifications outline the procedure for preservative application, inspection, evaluation and treatment, restoration of work site, pole marking and data collection and deliverables for this project. 1.1 Quality Control 1.1.1 A quality control inspection shall be performed for each time period of not less than one (1) week's work but not to exceed two (2) week's previous work. The quality control will be conducted with the Contractor's supervisor and City's representative when available. The quality control inspection shall consist of the partial to complete re-inspection of those poles selected by the City's representative to compare the results shown on the pole report inspection sheets with those existing in the field. The re-inspection shall include, but not be limited to, the re-excavation and re-treatment and re-wrapping of those poles that were inspected below groundline. Contractor's cost of said re-treatments shall be borne by the, Contractor. At least three (3) poles will be selected for each quality control. City shall be issued a copy of the quality control field report. 1.1.2 Discrepancies and ,Corrective Action: Errors will be brought to the attention of the Contractor. Corrective action, reasonably satisfactory to the City, must be taken by the Contractor may to remedy the situation before the next quality control check. The corrective action y include, but not be limited to re-working each pole back to the previous quality control check point at no cost to the City. 1.2 Definitions for Inspection and Treatment Pole inspection and treatment categories are defined as follows: 1.2.1 Reported Pole (Visual Inspection): A reported pole is a less than 10 years old about which the City desires information or any pole that is judged to be unserviceable prior to excavation or any pole which is determined by Contractor, in Contractor's reasonable opinion, to be inaccessible. I1.. ti9 hiocteri ~C fi„Irthor eynlpafinn nt-the CO tr_aCtor.'S.discreti n.. L.J WJJ=Oial I-I V-y U.I. v.M may 1.2.2 Sounding and Boring: Poles shall be sounded with a hammer from either groundline or above groundline as applicable, to as high as an inspector can reach in order to locate exterior decay or interior pockets of decay. 1.2.3 Inspector shall bore pole at least once to detect interior decay. A shell thickness indicator shall be used to detect the existence and extent of any interior decay. If it is present, pole shall be _ bored a sufficient number of times to determine location and extent of decay. Bored holes shall be plugged. 1.2.4 Partial Excavation: Poles that are partially excavated on one side of the pole: This inspection method will identify many, but not all inspected poles with decay below ground or other conditions causing a reduction in the required strength at groundline. Used in conjunction with visual inspection plus sound and bore, historical data shows that approximately 80-90 percent (80-90%) of reject and priority poles will be found RFP -Utility Wood Pole Inspections, Page 27 of 35 10 1.2.5 Rejected Poles: The City is responsible for determining when a pole shall be deemed rejected. A rejected pole is any pole designated by the City which, upon inspection, is found deteriorated below the required minimum as indicated on a circumference table approved by the City. Poles may also be classified as visual or sound and bore rejects. Contractor will provide methodology and charts for determining rejects. The guidelines recommended shall be designed to identify those poles which are at or below 67% remaining capacity as per NESC/GO 95 Standards. In addition, the depths and size of various decay conditions along with mechanical damage and insect infestation shall be recorded. An input of percentage remaining capacity shall be part of the data deliverable requirements. Poles meeting these criteria shall be re-inspected to determine their eligibility for reinforcement. Poles not meeting reinforcement requirements will be rejected and reported to Customer for replacement. Poles rejected for reinforcement that are suspected of being in a hazardous condition and/or needing immediate corrective action, shall be reported to the designated Customer representative within 24 hours. Poles requiring immediate corrective action will be reported in the database as priority poles. 1.2.6 TREATMENT: Treatment options shall be assessed with the City representative. The two following rod treatments have been accepted: FLUROD Treatment: Application of FLURODS containing 92.6% Sodium Fluoride and 7.4% inert ingredients. FluRods are solid rods containing sodium fluorides, a highly effective, internationally recognized wood preservative. COBRAROD Treatment: Application of COBRAROD containing 90.6% Anhydrous Sidodium Octoborate with 1.7% copper and 4.7% boric acid. CobraRods take the form of a solid cylindrical rod that is 7/16" in diameter and comes in 2" and 4" lengths. The rod is a deep green color and has a glass-like look and feel. 1.2.7 Priority Pole: A pole that is in need of immediate attention (restoration or replacement); has an average shell of one inch or less for distribution and two inches or less for transmission, or less than one-third of its original circumference. The location of priority poles will be repotted to the City's representative daily. 21 General Restrictions and Requirements All preservatives shall be handled and applied in accordance with the product label, and in a manner that will prevent damage to vegetation and property. Only preservatives registered by the Environmental Protection Agency and the appropriate State Department of Agriculture for the intended use of remedial pole treatments will be considered for approval by the City. Any container in which a preservative is stored shall be stored in a securely locked container or tool box or bolted to vehicles on the right-of-way and kept locked when left unattended. Empty preservative containers shall be removed from the right-of-way and kept in a locked compartment until disposal. Disposal of preservatives and their containers shall be in accordance with the product label as well as the rules and regulations of all appropriate Federal and State agencies. 2.2 Pesticide Licensing and Reporting Requirements RFP - Utility Wood Pole Inspections, Page 28 of 35 11 The Contractor shall be a certified commercial pesticide applicator for the preservative application set forth under this Agreement, and each crew shall be supervised by a full time Supervisor who is licensed and certified by the State. The Contractor shall be responsible for the accurate recording and submitting of all pesticide usage forms required by the various pesticide regulatory agencies and for meeting all applicable Federal and State rules and regulations. The Contractor is required to have in his possession copies of the preservative labels and MSDS for all pesticides being used, Upon request, the MSDS and labels will be shown to anyone desiring this information. Properly completed shipping papers will also be carried on each vehicle which is transporting pesticides. As per the State of Oregon, usage amounts are to be provided to the State of Oregon Department of Agriculture on a weekly basis. 2.3 Material Handling Incidental releases of preservative shall be immediately cleaned up in a manner consistent with label requirements, Federal and State regulations, and relevant environmental procedures. All spills shall be reported to the City immediately. Spill clean-up actions shall be documented and reported to the City. 2A Proper Equipment The Contractor shall provide each crew with all required personal protective equipment (PPE) as specified by the label, such as goggles, sleeves, non-permeable gloves and aprons. In addition hard hats and a change of clothing will be provided. All field employees are required to provide and wear work boots. The Contractor shall provide a truck that has covers and locks adequate to satisfy federal and state DOT regulations in which to store and transport the preservatives. 2.5 Pesticide Training Each pole inspector or foreman shall be required to pass a pesticide training program which addresses biology of wood destroying insects and fungi, the proper and safe handling, storage, disposal and transport of pesticides, product labels and material safety data sheets, emergency procedures for pesticide spills, etc. The Contractor's Pesticide Training Program is to be in addition to state requirements for applicator licensing and is to be submitted as part of their proposal. 2.5.1 Hazard Communication and Safety Program: The Contractor shall provide to its employees a hazard communication program which addresses the purpose of using pesticides, material safety data sheets and product labels, protective safety equipment and clothing and product information. A safety manual and program is to be provided and utilized by the Contractor and its employees. 3.1 Preparation When work is to be done in close proximity to a home, the property owner should be notified as to what is being accomplished. Light brush will be removed from around the pole to allow for proper excavation, inspection and/or treatment unless permission for removal is denied by property City Denial will be indicated in the remarks column on the pole report. If permission for excavation is denied, the pole will be sounded and bored and fumigant treated, providing the pole is serviceable. Reason for the lack of inspection will be noted in the remarks column of the pole report. RFP - Utility Wood Pole Inspections, Page 29 of 35 7 << 3 .2 Above-Ground Inspection A visual inspection of all poles shall be made from groundline to the top of the pole. The following visible defects will be noted: woodpecker holes, split tops, decayed tops, broken insulators, rotten/broken crossarms, slack/broken guy wires. If the pole is obviously not suited for continued service due to serious defects, it shall either 1.) Not be tested further and simply be reported and marked on the inspection form as a reported reject or 2.) The pole may be sound and bored to determine whether or not it is a priority pole and be reported on the inspection form as a sound and bore reject. 3.3 Partial Excavation All poles that pass the above ground visual inspection that are more than 10 years old shall be partially excavated on one (1) quadrant of the pole to a depth of 20 inches. (Exceptions include poles in pavement, poles with underground power risers and poles in vegetable gardens. These poles will be Sound and Bore inspected.) 3.3.1 If no decay is suspected and`the borings indicate no internal decay, proceed to Section 5.0, Treatment. 3.3.2 If heart rot or enclosed decay pockets or any decay is evident in a pole, it shall be rejected and checked for reinforcing. 3.4 Sounding Poles shall be sounded from as high as the inspector can reach to the exposed groundline area in order to locate interior pockets of decay. Marks should be visible to indicate that the area was sounded. 3.5 Borinq Inspector shall bore pole with no larger than a 7/8" bit. All holes previously drilled from past inspections shall be used unless the pole has not been tested before. The First Bore hole shall be located 18' below groundline and should be drilled at a 45 degree angle to a depth of the center line of the pole. Continue in a spiral pattern with the next hole at groundline and continue up the pole rotating at 90 degrees every 12-18". If the pole is set in pavement, start at groundline and drill up using the same pattern. A-shellfhickness indicafoF shalfbe used to detecithe exisienoe°and extent - - of any interior decay. If no decay is suspected and the borings indicate no internal decay, proceed to Section 5.0, Treatment If heart rot or enclosed decay pockets or any decay is evident in a pole, it shall be rejected and checked for reinforcing. 41 Determining Minimum Circumference Measure minimum circumference at or below groundline wherever the least sound wood.is present. Make adjustments in circumference to account for external decay pockets and internal decay in accordance with Pole Circumference Calculator or loading tables approved by City. Check effective circumference against loading tables supplied or approved by City (pole circumference calculator unless otherwise specified). Poles below minimum circumference shall be rejected, and so marked in the field and reported. Any poles with decay shall be rejected and check for reinforcing. Any poles RFP -Utility Wood Pole Inspections, Page 30 of 35 , 13 I, with less than 1.0" of shell shall be reported as a "Priority Pole" and called into City within 24 hrs. 4.2 Determining Reinforceable candidates . When the initial inspection results in the rejection of a pole, the pole shall be marked for replacement or reinforcement. The following inspections shall be performed to determine if the pole is reinforceable. 4.2.1 The pole shall be sounded thoroughly concentrating on the zone fifteen inches (15') to 5 feet above groundline. 4.2.2 A minimum of two 3/8-inch diameter borings shall be made at 5 feet above groundline, to determine the average shell thickness at this level. The first boring shall be made perpendicular to the line of lead. A second boring shall be made opposite (180 degrees) the first boring, whenever possible. Additional borings should be made, as necessary, to determine the average shell thickness, If the average shell thickness at 5 feet above the groundline is four inches, the pole can be reinforced provided it meets the criteria in section 4.2.3. If the average is less than the required four inches, the pole should be checked at 6 feet to determine if the required shell thickness exists at 6 feet. If the average shell thickness at 6 feet above the groundline is four inches, the pole can be reinforced provided it meets the criteria in section 4.2.3. 4.2.3 A minimum of two 318-inch diameter borings shall be made at 15 inches above groundline, to determine the average shell thickness at this level. The first boring shall be made perpendicular to the line of lead. A second boring shall be made opposite (180 degrees) the first boring, whenever possible. Additional borings shall be made, as necessary. If the average shell thickness, at 15 inches, is two inches or greater, the pole is a candidate for reinforcement. Poles with less than two inches of average shell, at 15 inches above groundline, can be reinforced if they have an average shell thickness of two inches or greater at 26 inches and the requirements defined in Paragraph 4.2.2 are met. 4.2.4 If it was necessary to go to 26 inches or 6 feet to obtain the required shell thickness, a notation will be made in the pole record. 4.2.5 All inspection holes shall be plugged with 7116" diameter treated wooden dowel. 5.1 Treatment -General All Partially excavated and non-excavated poles 10 years and older shall be treated in accordance with FLURODS or COBRARODS according to section 5.2. (Note: Reinforceable candidates will not be treated with FLURODS or COBRARODS until after the pole has been reinforced) 5.2 ROD Treatment FLU RODS: (92.6% Sodium Fluoride, 7.4% Inert Ingredients) or COBRARODS (90.6% Anhydrous SidodiUm Octoborate with 1.7% copper and 4.7% boric acid) shall be applied when prescribed below: All poles which are 10 years and older With 1/2" x 3" FLURODS or COBRARODS in a 718" Drill hole 5.2.1 Application: Use existing holes from previous inspections or drill new 718" holes into poles not previously drilled. (NOTE: Do not drill new holes into poles previously drilled) RFP -Utility Wood Pole Inspections, Page 31 of 35 14 Pole Circumference in inches Number of Holes 25' to 30" 3 holes spaced 120 degrees apart and 12" to 18" higher than the previously bored hole. Using 3 Rods 31" to 40" 3 holes spaced 120 degrees apart and 12" to 18" higher than the previously bored hole. Using 6 Rods 41" to 49" 3 holes spaced 120 degrees apart and 12" to 18" higher than the previously bored hole. Using 9 Rods 50" to 56" 4 holes spaced 90 degrees apart and 12" to 18" higher than the previously bored hole. Using 12 Rods 57" to 65" 4 holes spaced 90 degrees apart and 12" to 18" higher than the previously bored hole. Using 16 Rods 5.2.2 Bore 7/8" slanting holes to a minimum of 16" depth. 5.2.3 Using impermeable gloves, insert required number of rods into each hole. 5.2.4 Plug holes using 15/16" diameter plastic or treated wooden plugs. 6.0 Restoration of Work Site 6.1 Backfilling After excavation and/or treatment, all poles will be solidly back-filled. The first half of excavation will be back-filled and tamped completely around the pole by walking on the replaced excavation; the second half back-filled and tamped completely around the pole. The excess earth should be banked _ up to a_ maximum of 3" above normal ground level to allow for settlement. In grass areas the sod stiall be carefully placed around the pole. Rocks or stones should hot be laid'againsf the pole except where they serve to key the pole or where no other fill is available. 6.2 Clean-up No debris, loose dirt, etc., is to be left in the pole area. Private property turf, including that between curb and sidewalk, bushes, and plants, and shrubbery are to be replaced with care. If any preservative is released on the ground, it shall be immediately cleaned up. All containers shall be disposed of according to approved environmental practices. 7.0 Pole Marking 71 Tagging (Example Attached) All inspected poles shall be marked with a weather proof tag identifying the work performed, Contractor and date in a fashion similar to the designations shown in the following drawings. The tagging scheme used by the Contractor must be shown to the City representative and approved before it is used. RFP -Utility Wood Pole Inspections, Page 32 of 35 15 Tags shall be supplied by the Contractor and placed 5 to 6 feet above groundline on the roadside of the pole, below the utility pole identification marker. If inspecting or treating a pole that has previously been inspected or treated, attach the tag directly below the existing tag(s). INSPECTION & TREATMENT TAGS The following are illustrations of the various types of "tags" used and an explanation as to when they are used. It is important that the proper tag be used on every pole that is inspected. Tags that are similar and convey the same in context to the tags described below will be considered. This tag is an example of a Contractors tag. cc~" This oval tag is to be used whenever "Sound Only", "Sound & Bore", " Sound & Select Bore" along with "Partial Excavate Inspections" are performed. This tag must contain the Contractor's Name and yearwork is performed This tag s used to denote the the use of FLURODS or COBRARODS, along with the oval inspection tag to denote the year of treatment - - - - - D 'O. RFP -Utility Wood Pole Inspections, Page 33 of 35 16 REJECT TAGS OR F Yellow White One yellow reject tag is used to denote One white tag is used to denote that the pole is a reinforceable reject. a pole that is a non reinforceable reject. Yellow Two yellow tags are used to denote a Danger or Priority pole that is reinforceable. White Two white tags are used to denote a Danger or Priority Pole that is nnn.reinfnrraahla 8.0 Data Collection & Deliverable 8.1 Data Requirements i City desires to conduct a comprehensive pole inspection and maintenance program. The data to be collected will include pole attributes, pole condition and additional information, such as location, City's facilities or joint-user and third party attachments. The data will be delivered within a geospatial software environment for viewing, searching and reporting and with options for additional capabilities. Prior to data being catalogued, Contractor shall meet with appropriate City personnel to discuss compatible software. RFP - Utility Wood Pole Inspections, Page 34 of 35 17 City desires to improve the overall quality and completeness of facility data as a secondary objective of the pole maintenance program. The required combination of a data viewing tool together with improved data quality will improve City's ability to manage pole life cycle costs. Enhanced accuracy of network data will also improve City's ability to respond to outages and trouble calls and to perform effective engineering analysis and other critical data-dependent functions. The importance of the data-collection effort demands that it be performed professionally by an experienced field-audit team using technology that ensures delivery of high-quality data. Contractor will be required to demonstrate its successful history completing field data projects on time and for the cost prescribed under contract. The Contractor will provide its field hardware and software, field services, project management, and data delivery required to ensure that City receives data that meets its requirements for accuracy and completeness. 8.2 Data Specifications 1. City will provide an ESRI geodatabase that gives pole data and location. 2. Contractor will provide data in an on line environment with data download availability that is compatible with City's ARC GIS software. On-line data should at a minimum, be able to provide the following: a. Data and assets should be viewable on a map. b. Data should be available to print, c. Data should be able to have query and filtering capabilities. d. Pre-configured Reports shall include: L Pole detail reports ii. Weekly and year-to-date summaries ill. Restorable rejects, non-restorable rejects iv. Poles needing maintenance, etc. 3. Report generation capability will include viewing and creating reports 4. Contractor data must migrate into City's ARC GIS system. 8.3 Archiving Contractor will archive all pole condition and attribute data for 12 months after the year in which the work is performed. PFP -Utility Wood Pole Inspections, Page 35 of 35 18 I Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS TABLE OF CONTENTS: 1.0 General 5.0 Treatment 1.1 Scope 5.1 General 1.2 Contract Definitions 5.2 External Groundline Treatment 1.3 CONTRACTOR Requirements 5.3 Diffusible Rod Treatment 1.4 Personnel Qualifications 5.4 Internal Treatment 1.5 Workmanship and Damages 1.6 Quality Control 6.0 Restoration of Work Site 1.7 Definitions for Inspection and Treatment 6.1 Back-Filling 1.8 Copper Naphthenate and Cellon 6.2 Clean-Up Treated Poles 7.0 Pole Marking (Tagging) 2.0 General Precautions and Requirements for Preservative 8.0 Data Collection and Deliverable Applications 8.1 Data Requirements 2.1 General Restrictions and 8.2 Data Specifications Requirements 8.3 Data Delivery 2.2 Pesticide Licensing and Reporting 8.4 Data Archiving Requirements 2.3 Material Handling 9.0 CONTRACTOR Information 2.4 Proper Equipment 2.5 Pesticide Training 9.1 CONTRACTOR's Policies 9.2 Work Schedule 3.0 Inspection 10.0 Invoicing 3':I - Preparation = - - - 3.2 Above-Ground Inspection TABLE 1 MINIMUM GROUNDLINE 3.3 Partial Excavation EFFECTIVE CIRCUMFERENCE 3.4 Full Excavation 3.5 Sounding TABLE 2 SUGGESTED APPLICATION 3.6 Boring RATES FOR BOR8 RODS BASED ON 3.7 Chipping MANUFACTURER'S LABEL 4.0 Evaluation DRAWING 1 STANDARD AND SHELL BORING 4.1 Determining Remaining Groundline Strength or Minimum Groundline Circumference 4.2 Previously Restored Poles 43 Determining Reinforceable Candidates Osmose Utilities Services, Inc. 1 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 19 osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 1.0 General: 1.1 Scope: This specification is intended as a basis for the inspection and supplemental treatment of wood poles. Poles less than 10 years old will only be visually inspected and reported if the visual inspection warrants no further action. All other poles are to be inspected both above and below the groundline area. 1.2 Contract Definitions. 1. OWNER: City of Ashland 2. CONTRACTOR: Osmose Utilities Services, Inc. 1.3 CONTRACTOR Requirements: CONTRACTOR shall furnish all supervision, labor, tools, equipment, report forms, field adaptable handheld data collection devices, transportation, and material necessary for the inspection and treatment of OWNEXs poles as identified. OWNER will furnish copies of this specification and necessary maps showing locations of poles which are the subjects for inspection and/or treatment. OWNER shall provide CONTRACTOR the legal right to access the work site. CONTRACTOR is required to- have a minimum of 10 years in the in-service pole inspection and treatment business. CONTRACTOR must have documented programs/policies conforming to the Environmental Protection Agency ("EPA"), the Occupational Safety and Health Administration ("OSHA"), the Department of Transportation ("DOT"), along with all federal and state pesticide regulations. These policies must include a safety manual, pesticide training manual and test, standards for safe storage of preservatives on vehicles, operating policies for CONTRACTOR's personnel to handle preservatives and procedures for disposing of empty containers used for pole regulations - - -ireatinenP iri compliance with iabei'requirements,- arid- OSHA. rcgii+a:+u++a 'i±+"vv+ru+g Personal Protective Equipment ("PPE"). CONTRACTOR shall maintain throughout the term of the applicable agreement, in full force and effect, in amounts reasonably satisfactory to OWNER and otherwise in compliance with applicable law, the following insurance coverages: Workers' Compensation, Commercial General Liability (including Public Liability, Personal Injury, Property Damage, and Contractual Liability) and Automobile Liability. Prior to the commencement of the work, CONTRACTOR shall furnish OWNER with a certificate evidencing said coverages. 1.4 Personnel Qualifications: 1.4.1 Foremen Oualifications: Each Foreman shall have: A minimum of eight weeks formal training in the art of inspecting and treating poles and/or Osmose Utilities Services, Inc. 2 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 20 ®srmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS A minimum of six months experience as a pole inspector Passed a written or demonstration test to the satisfaction of CONTRACTOR Passed a CONTRACTOR-approved pesticide training program, qualifying the Foreman having the expertise and training to handle wood preservatives Met the applicable state requirements for a commercial applicator OWNER reserves the right to ask for evidence of previous experience and training in the form of letters of reference and test results. Personnel are subject to approval by OWNER. 1.4.2 Supervisor Qualifications: The Supervisor shall: • Have a valid state pesticide applicator's license in the appropriate category for treatment of wood poles Hold the position of CONTRACTOR's Supervisor in the state in which the work is to be performed Have sufficient field experience in the art of inspecting and treating poles 1.4.3 Manager Qualifications: The Manager shall: Have a valid state pesticide applicator's license in the appropriate category for treatment of wood poles Hold the position of CONTRACTOR's Manager in the state in which the work is to be performed • Have sufficient field experience in the art of inspecting and treating poles 1.5 Workmanship and Damages: All work shall be performed in a workmanlike manner and shall be in accordance with this specification and all applicable federal and state regulations. OWNER considers work not in accordance with this specification, or work not in accordance with state and federal regulations, or unskilled or careless work, to be sufficient reason to order CONTRACTOR to stop work. Work will not be allowed to resume until deficiencies are corrected to the reasonable satisfaction of OWNER. Further, OWNER reserves the right to require CONTRACTOR to replace any worker before work is allowed to continue. If not satisfied, OWNER will consider this to be just cause for termination of the contract. Osmose Utilities Services, Inc. 3 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 21 i ®sm®se Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS Any damages, real or personal, off the right-of-way arising solely from the negligent performance of the work specified herein, or any damages on the right-of-way arising solely as a result of negligent operations, shall be settled promptly by CONTRACTOR. OWNER recognizes that linemen must inspect all poles to their satisfaction prior to climbing, whether or not such poles have been inspected by a third party contractor. An inspection and/or treatment tag on a pole is not a guarantee the pole is safe to climb. OWNER should inform linemen that the inspection tag only means the pole was inspected in the stated year in accordance with the contract specifications. An inspection tag is neither an expressed nor implied warranty that the pole meets the National Electric Safety Code ("NESC"), the General Order No. 95 ("GO 95"), nor any other applicable standard. Linemen must also practice all other safety procedures when climbing poles and changing out or adding equipment or lines or cutting lines, all of which may create an unbalanced load. An unbalanced load may cause sound poles to fail. 1.6 Quality Control: 1.6.1 Quality Control Inspection: A Quality Control ("QC") inspection shall be performed for each Foreman's work at least once every four weeks on work completed since the previous QC inspection. The QC inspection will be conducted with CONTRACTOR's Supervisor or Manager, and at OWNER's _ option, with OWNER's representative when available. The QC inspection shall consist of the partial to complete re-inspection of those poles selected by the CONTRACTOR's Supervisor or Manager, or by the OWNER's representative, to compare the results shown in the pole inspection records with those existing in the field. The re-inspection shall include, but not be limited to, the re-excavation, re-treatment, and re-wrapping of those poles that were inspected below groundline. C.ONTRACTOR's cost of said re-treatments shall be borne by CONTRACTOR. At least three poles will be selected for each QC inspection. . OWNER-shall . be issued awyy o.`t..e QC results-•r.:.'rh:n-a_reasonable _amount-of time upon request to CONTRACTOR. 1.6.2 Discrepancies and Corrective Action: Any serious errors will be brought to the attention of CONTRACTOR. Corrective action, reasonably satisfactory to OWNER, must be taken by CONTRACTOR to remedy the situation before the next QC check. The corrective action may include, but not be limited to, re-working each pole back to the previous QC check point at no cost to OWNER. 1.7 Definitions for Inspection and Treatment: Pole inspection and treatment categories are defined as follows: 1.7.1 Reported Pole (Visual Inspection): A reported pole is a pole less than 10 years old about which OWNER desires information, including poles the CONTRACTOR identifies as not present in the field, or any pole that is judged to be unserviceable prior to excavation (as specified in Section 3.2), or any pole which is determined by CONTRACTOR, in CONTRACTOR's reasonable opinion, to be inaccessible. Poles less than 10 years old may be subjected to 4 of 23 Osmose Utilities Services, Inc. Exhibit A (Strength) Revised 06.05.17 T.P. 22 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS further evaluation at CONTRACTOR'S discretion. Copper naphthenate and Cellon treated poles shall be partial excavate inspected according to Section 3.3 regardless of age. This inspection method provides no indication of groundline wood strength except for the possible notation of pole class. If used alone, this inspection provides little information to help OWNER improve its pole plant. This inspection method will miss most priority and reject poles. 1.7.2 Sounding and Boring: Poles shall be sounded with a hammer from either groundline or above groundline as applicable, to as high as an inspector can reach in order to locate exterior decay or interior pockets of decay. Inspector shall bore pole at least once to detect interior decay (a shell thickness indicator shall be used to detect the existence and extent of interior decay). If decay is present, the pole shall be bored a sufficient number of times to determine the location and extent of decay discernable with this method. Bored holes shall be plugged with tight-fitting treated wood dowels or plastic plugs. This inspection method can miss poles without sufficient strength to meet NESC, GO 95, or other mandated overload capacity requirements, and there is the possibility of missing those poles with insufficient strength to support the current loading. This is particularly true when the decayed area is below ground level or if the inspector's tools do not contact hidden, damaged areas. Used in conjunction with visual inspection, historical data shows approximately 50% to 60% of reject and priority poles will be found. 1.7.3 Partial Excavation: Poles that are partially excavated on one side of the pole as specified in Section 3.3 below. This inspection method can be expected to identify man'y' but not an mspecteu poles with decay below ground or other conditions causing a reduction in the required strength at groundline. Used in conjunction with visual inspection plus a sound and bore, historical data shows that approximately 80% to 90% of reject and priority poles will be found. 1.7.4 Fully Excavated Pole: Any pole passing the above ground visual inspection (other than poles defined in Section 1.7.1) which has been excavated around the entire circumference as specified in Section 3.4. This inspection procedure constitutes the most thorough method known in the industry. Nevertheless obstructions such as rock, adjacent buildings, sidewalks, keys, roots, risers, deep decay, underground cables, and other obstacles prevent "full" excavation and/or treatment with respect to depth, circumference, or both. Typically, once the excavation is made to improve inspection accuracy, the procedure also includes treatments. Used in conjunction with visual inspection, historical data shows approximately 98% of reject and priority poles will be found. Osmose Utilities Services, Inc. 5 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 23 OsImose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 1.7.4.1 Externally Treated Pole: A groundline treated pole is any fully excavated pole designated by OWNER which, upon inspection, is found to be a candidate for external preservative treatment. Treatment is specified in Section 5.2. 1.7.4.2 Fully Excavated Reiected Pole: A fully excavated rejected pole is any fully excavated pole that meets the criteria specified in Sections 3.2, 3.3.3, and/or 4.2. 1.7.4.3 Externally Treated Reiect Pole: An externally treated reject pole is a fully excavated rejected pole that, after inspection, meets criteria for pole restoration. A pole found to be restorable will be groundline treated provided enough sound wood remains. The inspector will make a notation in the data as to whether a pole can or cannot be restored. 1.7.5 Rejected Pole: A rejected pole is any pole that meets the criteria specified in Sections 3.2 and/or 4.1. 1.7.6 Priority Pole: A priority pole is any pole that is in need of immediate attention (restoration or replacement); usually has less than one-half of its original circumference and/or 13% or less remaining original strength (if OWNER opts to specify alternative criteria, it must be specified in writing to CONTRACTOR). The location of priority poles will be reported to OWNER's representative as specified by OWNER in writing. 1.7.7 Percent Remaining Strength or Remaining Section Modulus: Percent remaining strength is the estimated percentage of bending strength remaining in a pole compared to its original strength when reductions are made for decay or - mechanical' defects noted-- by the Torerran. OWNER-acknowledges that flue percent of remaining strength is an estimate based on the information outlined herein and generally are not accurate for poles that are not excavated. 1.7.8 Internal Treatment; CONTRACTOR's EPA-registered insecticide and preservative (as specified in Section 5.4) solution is applied internally as a liquid under 40 PSI minimum pressure, or as a foam at reduced pressure, through a set of multiple borings to any insect cavities/voids and/or internal decay voids that constitute a size of 1/2" or larger. 1.7.9 Diffusible Rod Treatment: CONTRACTOR's EPA-registered diffusible rod treatment. CONTRACTOR shall apply the diffusible rod as specified in Section 5.3. 1.7.10 Through-Bored Poles: Poles with a series of small diameter holes drilled through the groundline area of the pole during the manufacturing process to enhance the original treatment Osmose Utilities Services, Inc. 6 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 24 I ®smose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 1.8 Copper Naphthenate and Cellon Treated Poles: Due to inconsistencies with the original treatment process, poles manufactured with copper naphthenate or Cellon (pentachlorophenol in lp gas) treatment can be prone to inconsistent decay patterns and there is a probability of decay being present at heights far above groundline. Due to these inconsistent decay patterns, an accurate assessment of copper naphthenate and Cellon treated poles cannot be performed using traditional inspection procedures of sound and bore and/or partial or full excavate at groundline. OWNER should assume that any inspection information provided by CONTRACTOR is incomplete and does not represent an accurate opinion on the serviceability of the pole. CONTRACTOR does not warrant or offer any type of indemnification on any inspections performed on copper naphthenate or Cellon treated poles. Furthermore, it is recommended that OWNER inspect copper naphthenate and Cellon treated poles above the groundline to the tip or the maximum height allowed. CONTRACTOR does not perform this service. 2.0 General Precautions and Requirements for Preservative Applications: 2.1 General Restrictions and Requirements: All preservatives shall be handled and applied in accordance with the product label, and in a manner to prevent damage to vegetation and property. Only preservatives registered by the EPA and the appropriate State Department of Agriculture for the intended use of remedial pole treatments will be considered for approval by OWNER. Preservatives not labeled for use as remedial pole treatments shall not be used. No preservatives shall be applied by CONTRACTOR where a pole is readily identifiable as: (i) located on any school property (Day care(s) and Grades K-12); (ii) in a vegetable garden; (iii) in organic farm fields; (iv) within 10' of a stream or standing water body; or (v) within 50' of a private well. OWNER acknowledges that all vegetable gardens, organic 'faim fields ana ovelis-shay not be identifiable=by CON r=tvvCTOR. Any container in which a preservative is stored shall be stored in a securely locked container, tool box, or bolted to vehicles on the right-of-way and kept locked when left unattended. Empty preservative containers shall be removed from the right-of-way and kept in a locked compartment until disposal. Disposal of preservatives and their containers shall be in accordance with the product label as well as the rules and regulations of all appropriate federal and state agencies. 2.2 Pesticide Licensing and Reporting Requirements: CONTRACTOR shall be a certified _ commercial pesticide applicator for the preservative applications specified in this specification, and each crew shall be supervised by a full time Supervisor who is licensed and certified by the state where the work is to be performed. CONTRACTOR shall be responsible for the accurate recording and submittal of all pesticide usage forms required at the time of application by the various pesticide regulatory agencies and for meeting all applicable federal and state rules and regulations. Osmose Utilities Services, Inc. 7 of 23 ExhibitA (Strength) Revised 06.05.17 T.P. 25 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS CONTRACTOR is required to have in its possession copies of the preservative labels and Safety Data Sheets ("SDS") for all pesticides being used. Upon request, the SDS and labels will be shown to anyone desiring this information. Properly completed shipping papers will also be carried on each vehicle which is transporting pesticides. 2.3 Material Handling: Accidental releases of preservative shall be immediately cleaned-up in a manner consistent with label requirements and federal and state regulations. CONTRACTOR shall provide each crew with a recovery kit containing sufficient materials for cleaning-up and neutralizing accidental releases of both paste and liquid preservatives. The recovery kit shall consist of, but not be limited to, the following materials: absorption material (such as sawdust or oil dry), baking soda or laundry detergent, ammonia (undiluted), and trash bags for storage of waste. 2.4 Proper Equipment: CONTRACTOR shall provide each crew with all required PPE as specified by the label, such as goggles, sleeves, non-permeable gloves, and aprons. In addition, hard hats and a change of clothing will be provided. All field employees are required to wear work boots and hard hats. CONTRACTOR shall provide a truck that has covers and locks adequate to satisfy applicable federal and state DOT regulations in which to store and transport the preservatives. 2.5 Pesticide Training: Each pole inspector and/or Foreman shall be required to pass a pesticide training program which addresses the biology of wood destroying insects and fungi, the proper and safe handling, storage, disposal,'and transport of pesticides, product labels, SDS, and emergency procedures for accidental releases. CONTRACTOR's pesticide training program is to be in addition to state requirements for applicator licensing. 2.5:3 Mzard Com£nunication-and°Sa:ety Program: CONITIR AC-TOR-shall-provide to its employees with a hazard communication program which addresses the purpose of using pesticides, SDS and product labels, protective safety equipment, and clothing and product information. A safety manual and program will be utilized by CONTRACTOR and its employees. 3.0 Inspection: 3.1 Preparation: When work is to be done in close proximity to a home, if possible, the property owner should be notified that a pole inspection is being performed by OWNER Light brush will be removed from around the pole to allow for proper excavation, inspection, and/or treatment unless permission for removal is denied by property owner (excessive brush removal may require an additional charge). Property owner's denial will be indicated in the remarks column on the pole report. If permission for excavation is denied, the pole will be sounded and bored and treated with a diffusible rod, providing the pole is serviceable. CONTRACTOR will not inspect or perform work on poles inaccessible by Acts of God or by any causes beyond the control of CONTRACTOR. Reason for the lack of inspection will be noted in the remarks column of the pole report. Osmose Utilities Services, Inc. S of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 26 osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 3.2 Above-Ground Inspection: 3.2.1 Wood Poles: A visual inspection of all wood poles shall be made from groundline to the top of the pole. The following defects visible from the ground with a naked eye will be noted: woodpecker holes, split tops, decayed tops, broken insulators, rotten/broken crossarms, broken ground wires, and slack/broken guy wires. If the pole is obviously not suited for continued service due to readily identifiable serious defects, it shall either: (i) not be tested further and simply be reported and marked on the inspection form as a reported reject; or (ii) the pole may be sounded and bored to determine whether or not it is a priority pole and be reported on the inspection form as a sound. and bore reject. Please note that Lodgepole Pines are susceptible to Buprestid Beetle infestation. If upon visual inspection these poles "exit holes" of Buprestid Beetles are identified, the pole will be rejected. 3.2.2 Concrete Poles: A visual inspection only, shall be made from groundline to the top of the pole of all concrete poles. The following defects visible from the ground with a naked eye will be noted: Cracks, rust, spalling, exposed metal such as spiral wire or rebar, broken or burned ground wires, broken insulators, rotten/broken crossarms, and slack/broken guy wires. 32.3 Composite or Fiberglass Poles: A visual inspection only, shall be made from groundline to the top of the pole of all composite or fiberglass poles. The following defects visible from the ground with a naked eye will be noted: Cracks, broken or otherwise damaged areas, burned sections, deterioration of the poles protective coating including separation of layers or fibers protruding through the protective coating, broken insulators, rotten/broken crossarms, and slack/broken guy wires. 3.2.4 Metal Poles / Laced Towers: A visual inspection only, shall be made from groundline to the top of the pole/structure of all metal poles and laced towers. The following defects visible from the ground with a naked eye will be noted: Cracks, rust that is either completely through or nearly completely through metal, loose or missing bolts, bent or missing members, cracks in concrete foundation, broken insulators, broken ground wires and slack/broken guy wires. 3.3 Partial Excavation: All poles that pass the above ground visual inspection (other than poles defined in Section 1.7.1) shall be partially excavated on one side of the pole to a depth of 18" with a minimum width of 8" (exceptions include poles in pavement, poles with underground power risers, poles in vegetable gardens, poles in organic farm fields, or poles that are otherwise inaccessible; if accessible, these poles will be sound and bore inspected. Poles in vegetable gardens and poles in organic farm fields may be partial excavated at OWNERS option, however these poles shall not be treated with remedial treatments). The pole will be sounded and bored as specified in Sections 3.5 and 3.6 and the pole surface will be checked for signs of external decay. 9 of 23 Osmose Utilities Services, Inc. Exhibit A (Strength) Revised 06.05.17 T.P. 27 ®smose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 3.3.1 No Surface Decay: If no surface decay is suspected and the borings indicate no internal decay, the pole shall be treated as specified in Section 5.0. 3.3.2 Surface Decay: If surface decay is suspected, the pole will be fully excavated as specified in Section 3.4 and decay will be removed as specified in Section 3.7. Evaluation and treating will be performed as specified in Sections 4.0 and 5.0. 3.3.3 Extensive Decay: If extensive decay is present and it is obvious that the pole is a reject as specified in Section 4.2 and does not require treatment as specified in Section 5.2, the pole does not require full excavation. 3.3.4 Internal Decay: For Western Species that are prone to internal decay (i.e. Douglas Fir, Larch, Cedar, Western Pine), the pole will be treated with a diffusible rod treatment as specified in Section 5.3. If the pole is a Southern Pine Species, it will be fully excavated and evaluated as specified in Section 3.3.2 above. 3.3.5 Internal Void: If an internal void is present and the pole is not a Southern Pine Species, the pole will be treated with a diffusible rod treatment as specified in Section 5.3 and an internal treatment as specified in Section 5.4 and the partial excavation will be back-filled. If the pole is a Southern Pine Species, it will be fully excavated and evaluated as specified in Section 3.3.2 above. 3.4 Full Excavation: All poles meeting the criteria specified in Sections 3.3.2, 3.3.4, and 3.3.5 shall be excavated around the entire circumference to a depth of 18" below groundline (exceptions include poles in pavement, poles with underground power risers, and poles in vegetable gardens and poles in organic farm fields; these poles will be sound and bore inspected. Poles in vegetable gardens and poles in organic farm fields may be full excavated at OWNER's option, however these poles shall not be treated with remedial trearments). Poles wnlch`cannotoe-excavaieu-to utc-ptup r depu, a,o-unA U - circumference for legitimate reasons (such as large rocks, large roots, or other obstructions) will have the obstruction and the extent of excavation noted in either the remarks or notes section of the pole report. The excavation will be approximately 10" from the pole at ground level and 4" from the pole at the 18" depth. For excavation in lawns, sod grass areas, or flower gardens, care will be taken to keep the surrounding area as clean as possible. The sod around pole shall be carefully cut and neatly stacked. Poles installed on slopes shall be excavated to a minimum depth of 18" on the down slope side and 18" on the high side. Tarpaulins or ground cloths shall be used whenever possible to minimize the possibility of any property damage and to aide in the tracking of excavated holes (exceptions should be rare, and would include situations where the slope is too steep or the ground surface too uneven to allow for effective use). 3.5 Sounding: Poles shall be sounded from as high as the inspector can reach to the exposed groundline area in order to locate interior pockets of decay. Hammer marks should be visible to indicate that the area was sounded. Osmose Utilities Services, Inc. 10 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 28 OSm®se Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 3.6 Borin : Inspector shall bore the pole with a 7/8" bit (3/8" bits are used for internal treatment, reject/restoration evaluation, and poles unable to be treated with a diffusible rod). Bore hole(s) shall be located at groundline and should be drilled at a 45° angle to a depth of the center line of the pole (refer to Section 5.3 for the placement of borings). A shell thickness indicator shall be used to detect the existence and estimated extent of any interior decay. If enclosed decay pockets are evident in a pole, a minimum of four, 3/8" borings will be taken to determine the size and extent of decay. Bored holes shall be plugged with tight-fitting treated wood dowels or plastic plugs. Shell Borings are made at an angle of approximately 60°. The hole is bored in a manner so the boring stays within the outer 2-3" of shell. Therefore the hole is intentionally bored off-center from the pole. Shell borings will be made at the discretion of the inspector based on field/pole conditions and pole species. Refer to DRAWING 1 for a visual example of shell boring. Non-excavated poles will receive 1 shell boring in addition to the 45° boring. Excavated poles not excavated around the entire circumference, shall receive l shell boring in the non-excavated area. 3.7 Chipping: All poles that will be externally treated will have all loose and decayed wood removed from 18" below groundline to 6" above groundline. A quality chipping tool will be used for this procedure to obtain a smooth, clean removal of wood. External decay pockets will be shaved or chipped to remove decayed wood from the pole. Removed wood shall be removed from the hole and surrounding ground and disposed of properly. Care should be taken not to remove good wood as this will reduce the strength of the pole. The pole will be scraped using a check scraper or wire brush to remove dirt from treatment zone. 4.0 Evaluation: 4.1 Determining Remaining Groundline Strength or Minimum Groundline Circumference: Measurements of the following decay and damage conditions shall be collected and input into a strength calculating program which will calculate the remaining strength of the pole: shell rot, exposed pockets, enclosed pockets, and mechanical damage. Decay measurements are entered with consideration for the orientation to the line of lead and the program models the resulting cross section. Multiple types of damage are combined within the calculations and the center of gravity of the pole cross section is adjusted accordingly. The output is shown as estimated Percent Remaining Strength. The traditional Groundline Effective Circumference will be reported as well. This is the circumference of a smaller, sound pole that approximates the bending capacity equivalent to the decayed pole's remaining strength. The strength calculating program will only display percentages of remaining strength for excavated poles and poles that are sound and bore inspected. An estimated Groundline Effective Circumference is the only reported value for poles which are not excavated or sound and bore inspected. Osmose Utilities Services, Inc. 11 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 29 ®smose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS A "Reject Pole" is: • Any excavated or sound and bored pole with a remaining strength of less than 67%. • Poles that are not excavated or sound and bore inspected will be rejected based on the reject criteria in Table 1 or other criteria approved in writing by OWNER. Groundline Effective Circumferences for non-excavated poles are estimates of true pole condition based on the limitations of the inspection method. A "Priority Pole" is: • A pole with an effective circumference of less than 50% of its original circumference and/or 13% or less remaining original strength and shall be reported to OWNER's representative as specified by OWNER in writing (if OWNER opts to specify alternative criteria, it must be specified in writing to CONTRACTOR as specified in Section 1.7.6) 4.2 Previously Restored Poles: Poles previously restored with Osmo-C-Truss(es) or Osmo- C2-Truss(es) shall be evaluated just above the second lowest band and at the top of the truss as outlined in Section 4.3. • Poles that do not meet the minimum shell requirements will be classified as rejects. • Poles that meet the minimum shell requirements will be classified as serviceable poles and internally treated above ground according to Section 5.4. • Loose, missing or severely corroded bands and seals will be noted. 4.3 Determining Reinforceable Candidates: When the initial inspection results in the rejection of a pole, the pole shall be marked for replacement or reinforcement. The following inspections shall be performed to determine if the pole is reinforceable. 4.3.1 Inspection Point 1: Groundline Pole Condition • Poles exhibiting shell rot at or below groundline shall have a minimum remaining sound wood circumference of 33% or greater than the original groundline circumference and/or 4% remaining strength. • Hollow poles and poles with internal decay shall maintain one-half inch (1/2") of average sound shell at or below groundline for single or double truss applications. Osmose Utilities Services, Inc. 12 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 30 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS Note: All shell thickness requirements listed in Sections 4.3.2 and 4.3.3 are for poles up to and including 65' in length For poles 70' and longer, all shell requirements shall be increased by 1" (3" at the lower band position for a single truss, or 2" for a double truss, and 5" at the top of the truss): 4.3.2 Inspection Point 2: Lower Band Pole Condition ■ A single truss application requires two inches (2") or greater of average sound shell at fifteen inches (15") from groundline. ■ A double truss application may have less than two inches (2") but requires greater than or equal to one inch (1") of average sound shell at fifteen inches (15") from groundline. Procedure to determine lower band average sound shell: A. Drill two (2) 3/8" diameter holes at fifteen inches (15") above groundline perpendicular to the line of lead. Refer to Figure 3 for line of lead orientations for common line construction types. Line of Lead Line of Lead 10B0,rri ing 1 ng 2' B. If the average sound shell from these 2 borings is two inches (2 or greater, proceed to Inspection Point 3 below. C. If the average sound shell is less than two inches (2 bore 2 additional holes in the line of lead. If the average of all 4 borings is two inches (2 or rg eater, proceed to Inspection Point 3. Line of L43Boing ine of Lead Borin4 D. If the average is still less than two inches (2 but greater than one inch (I the pole can be reinforced with double trusses, which combined, provide the desired strength. Proceed to Inspection Point 3 below to determine double truss required height above groundline. E. If the average sound shell is less than one inch 0 the pole may be deemed non-restorable or consult with Osmose engineering for alternative restoration methods. Osmose Utilities Services, Inc. 13 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 31 ®smose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 4.3.3 Inspection Point 3: Top of Truss Pole Condition A standard truss requires an average sound shell of four inches (4") or greater at the installed height of the standard truss required, typically five feet (5'). A tall truss requires four inches (4") or greater of average sound shell anywhere from six to eight feet (6'-8') above groundline. Procedure to determine top of truss average sound shell: A. Drill two (2) 3/8" diameter holes at five feet (5') above groundline perpendicular to the line of lead. B. If the average sound shell from these two (2) borings is four inches N or greater, reinforce the pole with the appropriate truss or trusses as shown in Figure 4 or 5. C. If the average sound shell is less than four inches (41, Drill two (2) 3/8" diameter holes at six or eight feet (6' or 8') above groundline perpendicular to the line of lead in order to find four inches (4") or greater of average sound shell D. If the average sound shell from these two (2) borings is four inches (4"2 or greater , reinforce the pole with a truss with an installed height above groundline at least as tall as where 4" or greater of average sound shell is found. Note: In the instance where a pole would require double trussing due to average sound shell thickness at 15", but obstructions on the pole or a customer request would limit a restoration to only I truss, the pole can be checked for 2" ofaverage sound shell at 26" and a single tall truss can be installed with lower banding installed at 26". 4.3.4 All inspection holes shall be plugged with tight-fitting treated wood dowels or plastic plugs. 5.0 Treatment: 5.1 General: All fully excavated poles (as specified in Section 3.4) which are serviceable shall be treated as specified in Section 5.2. All non excavated poles (except as defined in Section 1.7.1) and certain excavated poles shall be treated with a diffusible rod as specified in Section 5.3 (note reinforceable candidates cannot be treated with a diffusible rod until after the pole has been reinforced). If internal decay is indicated, an appropriate solution shall be selected and applied (as specified in Section 5.4). Osmose Utilities Services, Inc. 14 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 32 ®sm®se Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 5.2 External Groundline Treatment: All poles which are fully excavated or partially excavated are not to be externally treated. 5.3 Diffusible Rod Treatment: Serviceable poles (except as specified in Section 1.7.1 and Through-Bored Poles) will receive a diffusible rod treatment(s) based on the following criteria: • Poles that were identified for full excavation according to Section 3.4 which cannot be 75% excavated due to obstructions (i.e. curbs, pole keys, large roots, fences, etc.), and all poles where internal decay is present or suspected and/or where voids of less than 1/2" are present. • Non-Southern Pine Species Poles that were partial excavate inspected according to Sections 3.3.4 and/or 3.3.5. • Poles that were sound and bore inspected according to Sections 3.3 and/or 3.4 where external decay is present or suspected and/or where internal decay is present or suspected and/or where voids of less than %2" are present. CONTRACTOR shall apply the diffusible treatment(s) to poles using the following treatment(s)/application method(s): BOR8RODS® Contains 96.65% Anhydrous Disodium Octaborate) Application umber of Holes Application Procedure Drill the first hole at or below groundline and Two Hole Application drill the second hole 180° from and 6" higher than the first hole. - - Dfi iii7e'fi"rsfhoie=at or below groundline,-drill Three Hole Application the second hole 120° from and 6" higher than the first hole, and drill the third hole 120 from and 6" higher than the second hole. Drill the first hole at or below groundline, drill the second hole 90° from and 6" higher than the Four Hole Application first hole, drill the third hole 90° from and 6" higher than the second hole, and drill the fourth hole 90° from and 6" higher than the third hole. CONTRACTOR's inspector shall bore 7/8" slanting holes to a minimum of 12" depth, using impermeable gloves to insert one tube into each hole. Holes shall be plugged using tight-fitting treated wooden dowels or plastic plugs. For non-excavated poles, the first hole(s) are generally bored at groundline. For excavated poles, the first hale(s) may be bored below groundline. Osmose Utilities Services, Inc. 15 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 33 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS 5.4 Internal Treatment: 5.4.1 Internal Treatment: Internal treatment will not be applied to the pole for this inspection. 6.0 Restoration of Work Site: 6.1 Back-Filling: After excavation and/or treatment, all poles will be solidly back-filled. The first half of the excavation will be back-filled and tamped completely around the pole by walking on the replaced excavation; the second half will be back-filled and tamped completely around the pole. The excess earth should be banked up to a maximum of 3" above normal ground level to allow for settlement. In grass areas, the sod shall be carefully placed around the pole. Rocks or stones should not be laid against the pole except where they serve to key the pole or where no other fill is available. Extreme care should be taken not to tear the moisture barrier while back-filling. 6.2 Clean- D: No debris, loose dirt, etc. is to be left in the pole area. Private property turf, including that between the curb and the sidewalk, bushes, plants, and shrubbery are to be replaced with care. If any preservative is released on the ground, it shall be immediately cleaned-up. All containers shall be disposed of in accordance with the product label. 7.0 Pole Marking (Tagging): The work performed shall be marked with a weather proof tag containing CONTRACTOR's name and the year of inspection in a fashion similar to the designations shown in the following drawings. The tagging scheme used by CONTRACTOR must be shown to OWNER's representative and approved before it is used. Tags shall be supplied by CONTRACTOR and placed 5' to 6' above groundline on the road side of the polebelow the utility pole identification marker-: if inspecting ortreating-a po:U ~:ac:.as previously been inspected or treated, the tag will be attached directly below the existing tag(s). The following are illustrations of the various types of "tags" used and an explanation as to when they are used. It is important that the proper tag be used on every pole that is inspected. This round tag represents an inspection via a full 18" excavation and treatment with an approved paste. The tag shows CONTRACTOW s name and the actual year the work is performed. C j(a Osmose Utilities Services, Inc. 16 of 23 ExhibitA (Strength) Revised 06.05.17 T.P. 34 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS This oval tag is to be used whenever a sound and bore USM0 q or partial excavate inspection takes place. The tag shows CONTRACTOR's name and the actual year the ® ® work is performed. NA ,-%,,M.- 011 0 This tag is used whenever internal treatment is injected into a pole. This tag will be used in conjunction with one or more of the above tags depending on the type of NT inspection performed. TR 0 B This tag is an example of a solid diffusible rod ® treatment tag. This tag shall be used whenever R BOR8RODS are applied to a pole. This tag will be 8 used in conjunction with one of the above tags R depending on the type of inspection performed. 0 0 O One yellow reject tag is used to denote that the pole is a reinforceable reject. 0 One white tag may be used to denote that the pole is a non-reinforceable reject. Osmose Utilities Services, Inc. 17 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 35 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS O One silver tag may also be used to denote that the pole is a non-reinforceable reject. O O Two yellow tags are used to denote a danger or priority pole that is reinforceable. O O Two white tags may be used to denote a priority pole that is non-reinforceable. O O Two silver tags may also be used to denote a priority pole that is non-reinforceable. 8.0 Data Collection and Deliverable: 8.1 Data Requirements: OWNER desires to conduct a comprehensive pole inspection and maintenance program. OWNER must advise CONTRACTOR in writing of the type of data OWNER wants collected by CONTRACTOR. The data will be delivered within a geospatial software environment for viewing, searching, and reporting. OWNER desires to improve the overall quality and completeness of pole inspection data as a secondary objective of the project. The combination of a data viewing tool together with improved data quality will help improve OWNER's ability to manage pole life cycle costs. The importance of the data-collection effort requires that it be performed professionally by experienced field personnel using technology that ensures delivery of high-quality data. CONTRACTOR will provide appropriate hardware, software, and project management to ensure that OWNER receives data that meets its requirements for accuracy and completeness. At OWNER's request, CONTRACTOR can provide a demonstration of CONTRACTOR's data collection tools, processes, and a sample deliverable. Osmose Utilities Services, Inc. 18 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 36 osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS Data Specifications: A CONTRACTOR-supplied or OWNER-supplied landbase that is acceptable to CONTRACTOR will be deployed by CONTRACTOR electronically to the field. A unique identifier will be created for each pole. Each pole will be placed on the digital landbase using GPS and/or relative positioning. 8.2 Data Delivery: Data collected will be delivered online in a geospatial enabled web-based application that includes both map and attribute views of the data. The online application shall provide access to reports and data queries with support of user generated search functions. Poles must be able to be searched and sorted into groups based on their condition, their attributes, their attachments (when applicable), and highlighted in a map view. The online application shall provide a landbase backdrop that includes aerial imagery capable of being viewed at various zoom levels. CONTRACTOR's geospatial online application will be compatible with industry standard web browsers such as Windows Internet Explorer 7.0 or 8.0, or Firefox 2.0 or later. All incremental data deliveries will be updated on the geospatial online application. CONTRACTOR shall host the data in the online application, but OWNER shall retain ownership of data (see Section 8.4 for information regarding data archiving). The geospatial online application shall provide the capability to view and download reports in Adobe PDF format. Reports shall consist of pole detail, weekly, and year-to-date summaries. CONTRACTOR's web-based application must support the ability to view all invoices, in Adobe PDF format, with the ability to relate each individual pole record with the corresponding invoice. Data export functionality shall include the ability to export to an ESRI Personal geodatabase, Microsoft Access, or a comma delimited (Excel Spreadsheet) file format. The geospatial online application shall support the printing of map views and, if applicable, viewing of digital images: - - - - - - - CONTRACTOR shall demonstrate how its online application provides OWNER with a calculated Percent Remaining Strength for poles with decay (where applicable). 8.3 Data Archiving: CONTRACTOR will host the geospatial online application for the duration of the pole inspection project and for a maximum of 90 days after the end of the calendar year in which the project was completed. Options for additional archiving shall be made available at an additional cost. OWNER shall retain ownership of all data. Use of the geospatial online application will be governed by CONTRACTOR's online hosting agreement. 9.0 CONTRACTOR Information. 9.1 CONTRACTOR's Policies: Documentation of CONTRACTOR's policies for conforming to EPA, OSHA, and DOT regulations can be provided upon request. Examples may include: Osmose Utilities Services, Inc. 19 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 37 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS • Summary of CONTRACTOR's safety manual • Summary of CONTRACTOR's pesticide training manual and test • Summary of CONTRACTOR's standards for safe storage of preservatives. on vehicles • Labels and SDS for all preservatives to be used • Operating policies for CONTRACTOR's personnel to handle preservatives and disposing of empty containers used for pole treatment • Summary of OS14A regulations regarding PPE 9.2 Work Schedule: CONTRACTOR can also supply, upon request, a schedule outlining the number of crews proposed to complete work along with start dates and completion dates. 10.0 Invoicing: CONTRACTOR shall prepare and furnish OWNER with a detailed invoice of the number of billable items (as defined in the Contract Documents) for the covered period and the amount due. OWNER shall pay CONTRACTOR the amount due upon receipt of the invoice. A service charge of the lesser of one and one-half percent (1'h%) per month or the highest amount legally permitted will be added to all accounts balances not paid within thirty (30) days. i Osmose Utilities Services, Inc. 20 of 23 ExhibitA (Strength) Revised 06.05.17 T.P. 38 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS TABLE I MINIMUM GROUNDLINE EFFECTIVE.CIRCUMFERENCE (MEASURED AT POINT OF MAXIMUM DECAL Original Circumference of Pole Minimum Effective Circumference Inches Allowed (Inches) 24 21 25 21.75 26 22.75 27 23.50 28 24.50 29 25.25 30 26.25 31 27 32 28 33 28.75 34 29.75 35 30.50 36 31.50 37 32.25 38 33.25 39 34 40 35 41 35.75 42 36.75 43 37.50 44 38.50 -30.25-- 46 _ 40 47 41 48 41.75 49 42.75 _ 50 43.50 51 44.50 52 45.25 53 46.25 54 47 55 48 56 48.75 57 49.75 58 50.50 59 51.50 60 52.25 Osmose Utilities Services, Inc. 21 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 39 i Qsmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION-WESTERN SPECIES) AND CONDITIONBASED TREATMENT SPECIFICATIONS TABLE 2 SUGGESTED APPLICATION RATES FOR BOR8RODS BASED ON MANUFACTURER'S LABEL Pole Remedial Treatments 6 oz. BAE/CF Preservative Treatments 2 oz. BAE/CF) Pole Diameter Approximate 1/2" x 4" 3/4" x 3" 1/2" x 4" 3/4" x 3" @ Groundline Circumference Volume Rods Number Rods Number Rods Number Rods Number (Inches) @ Grou (Inches) (Cu. Ft.) (1.22 oz. of Holes (2.13 oz. of Holes (1.22 Oz. of Holes (2.13 oz. of Holes BAE/Rod BAE/Rod) BAE/Rod RAE/Rod) 8 25-27 0.70 4 2 2 2 2 2 N/R N/R 9 28-30 0.88 5 3 3 3 2 2 N/R N/R 10 31-34 1.09 6 3 3 3 2 2 N/R N/R 11 35-37 1.32 7 3 4 3 3 3 N/R N/R . 12 38-40 1.57 & 3 5 3 3 3 2 2 13 41-43 1.84 9 3 6 3 3 3 2 2 14 44-46 2.14 11 4 6 3 4 4 2 2 15 47-49 2.45 12 4 7 3 4 4 3 3 16 50-52 2.79 14 4 8 3 5 4 3 3 17 53-56 3.15 16 4 9 3 6 4 3 3 18 57-59 3.53 N/R N/R 10 4 6 4 4 4 19 60-62 3.94 N/R N/R 11 4 7 4 4 4 20 63-65 4.36 N/R N/R 13 4 8 4 4 4 21 66-68 4.81 N/R N/R 14 4 8 4 5 4 22 69-71 5.28 N/R N/R 15 4 9 4 5 4 23 72-74 5.77 N/R N/R 17 4 10 4 6 4 24 75-78 6.28 N'/R N/R 18 4 11 4 6 4 N/R = Not Recommended Osmose Utilities Services, Inc. 22 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 40 Osmose Utilities Services, Inc. IN-SERVICE WOOD POLE INSPECTION (PARTIAL EXCAVATION- WESTERN SPECIES) AND CONDITION-BASED TREATMENT SPECIFICATIONS DRAWING I Standard Boring Standard & Shell Boring Inspection Inspection c. 2 Borings to the center of the pole 1 Boring to the center of the pole 1 Boring through the shell below GL Osmose Utilities Services, Inc. 23 of 23 Exhibit A (Strength) Revised 06.05.17 T.P. 41 ~smose Summary of the Osmose Safety Program The management of Osmose considers their fellow employees to be their most valuable resource; therefore, we strive to create the means for each person to maintain a safe and healthy work environment. With this statement as a premise, we have developed a "living" Safety program capable of harmonizing the standard operating procedures of our crews with the various specifications of our contracts. Objectives of the Program The Osmose Safety Training Program is dedicated to ensuring the safety of all Osmose personnel and promoting safe working rules and practices, both in the field and in non-field activities. The Osmose Safety Training Program is a central component of the overall training received by Osmose field personnel. Key objectives of safety training include the following: ■ Safety test and related work practices ■ Hazard recognition in the field ■ Best safety practices in respect to utility structures ■ Emergency safety measures ■ Risk assessment and avoidance ■ Driving, tools and equipment, and vehicular safety Structure of the Osmose Safety Organization In 1989, a combination of Osmose Utilities Services corporate office personnel and field managers formed the Central Safety Committee. The Central Safety Committee meets periodically throughout the year, and a. 11lecting report is distri uw Cron ~...,...........:o a:. field cm-ni -ftp-," Three (3) subcommittees were also established as working arms of the Central Safety Committee to assist in safety policy creation, literature development, recognition programs, and communications. These subcommittees are comprised of employees from all levels within Osmose. A brief description of the three (3) subcommittees is as follows: Safety Rules and Regulations Subcommittee The Rules and Regulations Subcommittee establishes and reviews rules for safe procedures in all field operations. The Rules and Regulations Subcommittee created, maintains and updates the Osmose Safety Manual, which governs every crew's operations. Reviewed/Approved: RA 01/25/2017 1 of 4 42 y s osmose ~ - Programs and Activities Sub-committee The Programs and Activities Subcommittee reports safety statistics, develops educational materials and promotes safety through award programs and contests. The Programs and Activities Sub-committee also publishes safety correspondence, Weekly Safety Tips, and monthly safe driving topics; prepares mandatory topics and presentations for bi-annual group safety meetings, and distributes periodic Close Call and educational Safety Alerts to all employees. Injury/Accident Investigation Sub-committee The Injury/Accident Investigation Subcommittee assists Osmose field management in the investigation ` process for injuries and accidents. The Injury/Accident Investigation Subcommittee performs root cause r analysis of these events, and develops and maintains the procedures necessary to prevent recurrences. Finally, the Injury/Accident Investigation Subcommittee is dedicated to communicating accumulated information and training necessary to improve the Osmose Safety Program. Safety Meetings/Audits Operational territories throughout the United States are responsible for hosting two (2) safety meetings Foremen, supervisors and managers in their geographic area. This per year which are attended by all P Y broad attendance provides a diverse perspective and experience from which to form the agenda topics. These meetings generally take place during the spring and fall seasons, and all attendees are compensated for the meeting and travel time. Individual Foremen conduct a daily "tailgate" safety/quality meeting for their respective crews. A minimum of one safety meeting per week is required to be documented, signed by all participants, and submitted to the Supervisor on a "Weekly Safety and Briefing Report" form. Osmose provides Safety Tips for each week of the calendar year, and crews are encouraged to discuss additional safety concerns which correspond to their particular working conditions (weather, uneven terrain, poisonous plants, snakes, traffic control, etc.). In coniunction with Ouality Control checks, job Supervisors conduct Safety Audits on each Osmose crew on a regular basis. These audits verify safe operation and maintenance of vehicles and equipment, safe work practices and attitudes, and new employee safety training. Also, Managers of Operations are required to perform two Management Safety Audits on each Supervisor during each calendar year. Safety Training Osmose Foremen begin training with an eight-week training program which combines classroom and on- the-job field instruction. During this training program, new Foremen are instructed and trained in wood utility pole inspection and original treatments, general wood species and preservative treatments, safety, quality standards, customer and public relations, collecting pole data and inventory information using handheld field computers, and the administrative responsibilities associated with leading a field crew. Osmose employees who apply or handle wood preservatives are required to complete the Osmose Pesticide Training Program and pass an associated written exam. Upon successful completion of this program, a wallet-sized laminated certificate of completion is issued. Reviewed/Approved: RA 01/25/2017 2 of 4 43 asmose~ Comprehensive training material is developed for each type of diversified service Osmose field crews perform. These training materials are designed to meet and surpass the federal requirements as mandated by governmental agencies such as the Department of Transportation, the Occupational Safety and Health Administration, the Department of Labor, and the Environmental Protection Agency. Osmose personnel receive in-house training for our core services which includes pole inspection and treatment, pole restoration, and data collection, inventory and asset management services. Osmose personnel receive specialized safety training for projects such as stray voltage testing, padmount inspections, and other field services that require specialized knowledge and heightened safety awareness. Other training aids and educational materials include a New Employee Safety Checklist; Crew Safety Audits; Safety Video/CD library; Drug and Alcohol Policy; Hazard Communication Program; Emergency Response Information in each work vehicle; PPE training; Osmose Safety Manual; Safety Exams; Safety/Quality Performance Awards; Periodic Close Call and educational Safety Alert Communications; Safety Correspondence binders for storage of Weekly Safety Tips, Safety Alerts and miscellaneous safety f information; and an Emergency Response Problem Guide. } In 2015, Osmose also began utilizing an (LMS) Learning Management System to track regulatory and safety compliance training for employees. Safety Award Programs To recognize workers with outstanding safety records and to promote a healthy safety competition between field crews, two safety award programs have been developed. The first (and probably most prestigious) of these is the Safe Crew Hour Award. Safe work hours are recorded for every crew on a weekly basis. At predetermined levels, such as 10,000 Safe Hours, each member of the crew receives a Safety Award and a Certificate of Recognition. The second safety award program is the Safe Driver Program with vehicle operators receiving awards based on the number of years without a chargeable vehicle accident. Through this program, the company has established a series of checks and balances to ensure that all vehicle operators are properly qualified to drive. In addition to possessing a valid Driver's License, all vehicle operators must also pass a written i__ «.♦..1.1 .lr L,; nt~ rl A4erm fined by a ~'tata 3l Ull - - 1. - -11- , -.IU 11aYZ; a......J..G jLCWI\ u!? . --'a !-----r~! J exam, wild a -1 t_ Motor Vehicle Report (MVR).YDrivers must also successfully complete a road test of approximately three (3) miles that demonstrates the drivers use of seat belts, turn signals, acceleration, knowledge of vehicle controls (wipers, lights, etc.), and knowledge of vehicle maintenance items to inspect before each operation. MVR's are generated for each qualified driver on an annual basis to confirm safe driving practices. Success of the Osmose Safety Program The above is a brief summary of the Osmose Utilities Services Safety Program. This program has been successful and has been instrumental in a steady decrease in the number of injuries since the program's inception. This success is a reflection of the program's effectiveness in promoting the safety of Osmose field personnel and ensuring that they are part of a safe and responsible service organization. Reviewed/Approved: RA 01/25/2017 3 of 4 44 ~ O C 2 yy N N N N N N N N N N N N N N N N N - ~C Q A~ o ~1- O O O O O O O O O O O O O O O O O A --O O O O O O O O Cl C) \.o \C `O Oo ';I CD a1 c.n w N O 00 J ol~ c.n 41 w N O `O oo J a\ cn w N O ^t c p0 r o O. CL O p ^s 0 ~ N O O N O O O O O O CO w .-O N- W w w -P J Wp t-n oc ~O p N A7 •T. O G. o 0 -4 ft r O r. C1- n J O O p n ~ ~ W O O O O O O O O O O O O O O N N W O NO j 'i N O O O O O O O O O O N O O O N W w -P lh o\ J W N ~O O J K n p O 00 O J O n p w O p cn "D O "O - n 00 -o CD V ~ ° D Z p ( - A -P ~ W N W W N w V C/t -P C1 Ch \O 00 00 ~Q E O Vt C7, N ~ (D S it p N J O N O N N w J O Uh N ~O -P o~ w 0 a, a1 w c.n N n C C O CL y ° -s N Q ° N N N N W w 41 W A C.h J ~D \O w J \p ~p 01 00 I,I J O \O O w ~O N o0 W r .A O"o O O O O N O 00 w o\ J W 4 s w W o\ w -r D\ N N O a, N J O O n n CD C ~j ~ fD y n C CCD J CD ¢ { p ~ ry ~L , Osmose. Safety Manual Osmose Utilities Services, Inc. CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 46 Safety Manual - General Safety Rev. 1/2016 GENERAL SAFETY A. Safety Policies and Procedures ..............................................................................4 1. Employee Responsibility for Safety 4 2. General Policies ..............................................................................................4 B. Personal Safety ......................................................................................................18 1. Personal Protective Equipment (PPE) ...........................................................18 2. Physical Fitness .............................................................................................23 3. Back Safety ...................................................................................................23 C. Environmental Hazards .........................................................................................25 1. Poisonous Plants ...........................................................................................25 2. Snakes and Insects .......................................................................................26 3. Dogs ..............................................................................................................28 4. Heat Injury & Illness Prevention .....................................................................29 5. Cold Weather Safety .....................................................................................41 6. Clearing Brush ...............................................................................................45 7. Working with a Landowner ............................................................................46 8. Fences ...........................................................................................................47 9. Awareness of Surroundings & Terrain ...........................................................48 D. Hazard Communication Program .........................................................................50 1. Purpose of Using Preservatives and Coatings ..............................................50 2. Location of the HCP and SDSs .....................................................................50 3. Training .........................................................................................................50 4. Safety Data Sheets (SDSs) ...........................................................................51 5. Product Labels ...............................................................................................58 6. How to Handle an Accidental Release ..........................................................61 7. Material Recovery Kit ....................................................................................63 8. Preservative Container Inventory Counts ......................................................63 9. Don't Treat: When Poles Should Not Be Treated ..........................................65 E. Tool Safety 67 1. General Precautions ......................................................................................67 2. Condition of Tools ..........................................................................................67 3. Power Tools ...................................................................................................68 Osmose Utilities Services, Inc. Page A -1 CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 47 Safety Manual - General Safety Rev. 112016 4. Personal Protective Equipment (PPE) ...........................................................68 5. Non-Compliant Machinery / Tools & Equipment ............................................68 6. Brush Axe Safety ...........................................................................................69 7. Drilling Safety (all drills) .................................................................................69 F. Electrical Safety .....................................................................................................71 1. Substation Safety 71 2. Broken Groundwires ......................................................................................72 3. Groundwire Repairs and Moldings ................................................................72 4. Lineman Gloves .............................................................................................73 5. Guy Markers ..................................................................................................74 6. Underground Cables and Underground Utility Locates ..................................75 7. Risers ........................:...................................................................................75 8. Excavation Procedures for Poles with Risers ................................................76 9. Hot Poles .......................................................................................................79 10. Loose and Downed Wires ...............:.............................................................79 11. Are Flash .......................................................................................................80 G. Ladder Safety .........................................................................................................81 1. General ..........................................................................................................81 2. Ladder Specifications ....................................................................................81 3. Inspections 81 4. Defective Ladders ..........................................................................................81 5. Ladder Use and Requirements ......................................................................82 H. First Aid 84- 1 . General ..........................................................................................................84 2. Wounds and Control of Bleeding ...................................................................84 3. Shock ............................................................................................................85 4. Heat/Cold Related Incidents or Injuries .........................................................86 5. Eye Injuries ....................................................................................................86 6. Artificial Respiration .......................................................................................86 7. Cardiopulmonary Resuscitation (CPR) ..........................................................88 8. Strains and Sprains .......................................................................................89 9. Bloodborne Pathogens ..................................................................................89 Osmose Utilities Services, Inc. Page A - 2 CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 48 Safety Manual - General Safety Rev. 112016 1. Safety Award Programs ......................................................................................100 1. Safe Crew Hour Award Program .................................................................100 2. Safe Driver Award Program .........................................................................100 Osmose Utilities Services, Inc. Page A - 3 CONFIDENTIAL- UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 49 Safety Manual - PPE Rev. 1/2016 PERSONAL PROTECTIVE EQUIPMENT (PPE) A. Personal Protective Equipment (PPE) Assessments ...........................................2 1. Training ...........................................................................................................2 2. Application .......................................................................................................3 3. Employee-owned Personal Protective Equipment ...........................................3 4. Defective and Damaged Equipment ................................................................3 5. Proper PPE Selection and Fitting ....................................................................4 6. Hazard Assessment and Equipment Selection ................................................4 B. Personal Protective Equipment (PPE) Matrixes ....................................................6 1. (PIT) Pole Inspection & Treatment Services PPE Matrix .................................5 2. (PR) Pole Restoration Services PPE Matrix ....................................................6 3. (ET) Extended Truss Services PPE Matrix ......................................................7 4. (FW) FiberWrap Services PPE Matrix .............................................................8 5. (ROW) Right Of Way Services PPE Matrix ....................................................:.9 6. (PAD) Padmount Inspection/Repair Services PPE Matrix .............................10 7. (VAULT) Underground Vault Inspection Services PPE Matrix .......................11 8. Grounding Services PPE Matrix ....................................................................11 9. Infrared Services Personal PPE Matrix .........................................................12 10. Pole Pulling Services PPE Matrix ..................................................................12 11. (ES) Engineering Services PPE Matrix ..........................................................13 12. (CS) Corrosion Services PPE Matrix .............................................................14 Osmose Utilities Services, Inc. Page B -1 CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 50 Safety Manual -Vehicle Operations Rev. 112016 VEHICLE OPERATIONS A. Vehicle Safety 3 1. Vehicle Inspection ...........................................................................................3 2. Preparing to Drive ............................................................................................3 3. Cushion of Safety ............................................................................................4 4. Intersections ....................................................................................................5 5. Right on Red ....................................................................................................5 6. Hazardous Driving Conditions .........................................................................5 7. Backing ............................................................................................................7 8. Parking ..........................................................................................................10 9. Work Zone Safety ..........................................................................................11 10. Off-Road Operation .......................................................................................12 11. Miscellaneous Vehicle Safety ........................................................................13 12.Truck Bed Safety ...........................................................................................14 13. Maintenance and Repairs ..............................................................................14 14. Moving Violations and Citations .....................................................................15 15. Mobile Phone and Texting Policy ..................................................................15 16. Driver Qualification Program ..........................................................................16 17. Situations to Watch For .................................................................................18 18. Hazardous Material Recognition and Identification ........................................20 B. UTV Safety & Qualification Program 22 - 1. Introduction to UTV Safe Operation ..............:.................................................LZ 2. UTV Safety and Operator Policies .................................................................22 3. Getting Familiar with Your UTV .....................................................................23 4. Pre-Ride Inspection .......................................................................................24 5. Let's Start Riding ...........................................................................................26 6. Reading Different Terrain ..............................................................................29 7. UTV Maintenance ..........................................................................................30 C. Trailer Safety 33 1. General Towing - Getting Started ..................................................................33 2. Tow Vehicle ...................................................................................................33 3. Trailer ............................................................................................................34 Osmose Utilities Services, Inc. Page C -1 CONFIDENTIAL-UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 61 Safety Manual - Vehicle Operations Rev. 1/2016 4. Trailer Brakes 35 5. Securing UTVs to Trailers .............................................................................37 6. Towing Privately-Owned Vehicles or Trailers 37 7. Trailer Maintenance .......................................................................................38 D. Accidents and Incidents 39 1. Accidents While on Company Business in a Personal, Leased or Rented Vehicle 39 2. Vehicle Incident Categories ...........................................................................39 Osmose Utilities Services, Inc. Page C - 2 CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 6 2 Safety Manual - Reportable Event Guide Rev. 112016 REPORTABLE EVENT GUIDE A. VEHICLE ACCIDENT REPORTING PROCEDURE 2 1. First Aid ...........................................................................................................2 2. Obtain Information ...........................................................................................2 3. Insurance .........................................................................................................2 4. Live Conversation ............................................................................................2 5. Take Pictures ...................................................................................................4 6. Police Reports .................................................................................................4 7. Substance Testing ...........................................................................................4 8. Bills ..................................................................................................................5 9. Estimates .........................................................................................................5 10. Public Relations ...............................................................................................5 B. INJURY REPORTING PROCEDURE ............................................:...........................6 C. PROPERTY AND CABLE DAMAGE REPORTING PROCEDURE 8 D. ACCIDENTAL RELEASE OF A PRESERVATIVE 9 1. How to Handle an Accidental Release ............................................................9 2. Material Recovery Kit ....................................................................................10 E. INCIDENT REPORTING TERMINOLOGY ...............................................................12 F. LIGHT & HOME LIGHT DUTY JOB DESCRIPTION ...............................................15 G. TEMPORARY LIGHT DUTY ACCOMMODATION SIGN-OFF FORM ..................17 Osmose Utilities Services, Inc. Page D -1 CONFIDENTIAL - UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS DOCUMENT IS PROHIBITED 53 m s~ Os o Summary of the Osmose Pesticide Training Program } and Hazardous Material Transportation The Osmose Pesticide Training Program was created to train Supervisors, Foremen, Inspectors, and other crew members to successfully complete required Core and Specialty exams necessary to become Registered Pesticide users in the states in which they supervise or perform work. Regardless of licensing and regulatory requirements, all Foremen must successfully pass the Osmose Pesticide Training Program, and all associated tests, before being allowed to apply (or oversee the application of) any type of preservative. This program also serves as the Hazardous Materials Training Program to meet the training requirements of OSHA's Hazard Communications Standard (HCS or HazCom). Information contained in this program assures that all employees are able to safely handle and apply wood preservatives and other treatment materials. The complete Osmose Pesticide Training Program Table of Contents is provided below: 'f L_ Reviewed/Approved: MC 09/19/2016 a 1 of 3 54 i Osmose~ OSMOSE PESTICIDE TRAINING PROGRAM Section Page A. The Osmose Pesticide Training Program 3 B. Osmose Hazard Communication Program 4 1. Hazard Classifications 5 2. Shipping Papers 6 3. Product Labels 8 4. Material Safety Data Sheets (MSDS) 12 C. Safe Handling, Storage and Transportation 14 1. Application 14 a. Fumigants ...........................................................................14 b. Procedures for Re-treatment of Fumigant Treated Poles 20 c. Paste Preservative Application Procedures 21 d. Internal Treatments 21 e. Integrated Pest Management 22 2. Storage ..............................................................................................23 a. Wood Preservative Storage 23 b. The Storage Site 23 c. MITC-FUME® Storage 25 d. Local Haz. Mat. Emergency Response Requirements 26 3. Transportation 26 a. Safe Transportation of Wood Preservatives b. Wood Preservative Security (Transportation Security Act). 27 c. Transporting MITC-FUME® ................................................28 d. Transporting TimberFume® 29 4. Mixing Procedures, Protective Equipment & Accidental Exposure.... 30 a. Mixing Wood Preservatives 30 b. Protective Equipment 32 c. Accidental Exposure to Wood Preservatives 33 Reviewed/Approved: MC 09/19/2016 2 of 3 55 Osmoses D. Proper Disposal 35 1. Disposal of Empty Wood Preservative Containers 35 2. Disposal of Unused Wood Preservatives and Containers 36 E. Accidental Releases of Wood Preservatives 37 1. How to Handle an Accidental Release 37 2. Reportable Quantities (RQ) 39 3. Who to Contact If an Accidental Release of a Wood Pres. Occurs 40 4. Procedures for Accidental Releases of Wood Preservatives 41 a. WoodFume® 41 b. Hollow Heart CF 41 i c. COP-R-NAPTM (Concentrate) or CU-89-RTU 1171 41 d. DemonMAX 42 e. TimberFume® 42 f. COP-R-PLASTICTM 11 42 g. DuraFumeTM 43 h. MITC-FUME® 44 5. Material Recovery Kits ........................................................................46 F. Special Osmose Treating Instructions and Conditions 48 1. Poles in Pastures ................................................................................48 2. Poles in Water 48 3. Poles Within 50 Feet of a Water Well 48 4. Poles on School Property 49 5. Disposal of Wood Chips 49 6. Labels on Secondary Containers 49 7. Contacting Land Owners Before Working on Private Property 50 8. Use of Tarps 50 9. Preservative and Herbicide Container Inventory Counts 51 10. MITC-FUME Inventory .......................................................................52 G. Laws and Regulations 53 1. The Label is the Law 53 2. Classification of Pesticide Uses 54 3. Certification of Pesticide Applicators 54 4. Adverse Effect Incident Reporting Requirements 55 5. Penalties .............................................................................................56 6. Transportation Laws and Regulations 56 Reviewed/Approved: MC 09/19/2016 3 of 3 56 Osmose Standards for Transportation and Storage of Wood Preservatives on Work Vehicles The following information on wood preservative transportation and storage on work vehicles is taken from the Osmose Pesticide Training Program: Safe Transportation of Wood Preservatives { Below are some important things to remember when transporting hazardous materials: ! • Never transport hazardous materials inside the passenger compartment of any vehicle. • No one should be permitted to ride near pesticides. • Keep Safety Data Sheets (SDS) in the cab of the truck for each material that is being transported. 1 • SDS's are contained in the Osmose Hazard Communication Program binder on each work truck. • Secure materials so they cannot roll or slide around. • Never transport a material on top of the tool boxes or bed covers. • When traveling on public roads to and from the work site, always put the tailgate up to prevent preservatives from sliding out. • Never carry food or drinking water together with hazardous materials. • Never leave your vehicle unattended with preservatives in an unlocked truck bed. Wood Preservative Security (Transportation Security Act) The Transportation Security Act and several other regulations have been put into place to limit access to hazardous materials. As applicators we need to know the location and status of our wood preservatives and herbicides, and take appropriate measures to safeguard ourselves and the public. Several agencies and organizations have regulations that require special security precautions when storing, transporting, applying and/or selling hazardous materials. Most of the security precautions are relatively the same and include the following: • Keep storage areas locked, including work vehicles that have wood preservatives or herbicides stored on them. • Limit access to wood preservatives and herbicides to only individuals that are directly responsible for handling and applying them. Do not give Crew Members the access codes, combinations or keys to storage locations. • Post all storage areas with "Danger - Pesticide Storage" signs to warn the public of the materials stored within. Rev. 2017 (R.A.) 1 of 2 57 Osmose~ • Post emergency contact information at the entrance to storage facilities. • Inspect storage facilities and vehicles often and document these inspections. • Keep an updated inventory of wood preservatives and herbicides for each storage location and vehicle, especially if the vehicle is parked for a long-period of time. Keep a copy of each inventory separate from storage areas for reference in an emergency. • Keep SDS's for all stored wood preservatives and herbicides in the storage area. • When applying wood preservatives or herbicides, never leave equipment or materials unattended in the field or on an unlocked work vehicle. For example, use a chain and padlock to secure a MITC-FUME cooler to the work truck during the work day when the bed enclosure is open or unlocked. • Contact your Supervisor, Manager - Operations or Director - Operations in the event that wood preservatives or herbicides (any amounts) are missing or if the storage area has been vandalized. • Stolen or missing wood preservatives or herbicides must be reported to the Atlanta/Peachtree City Office Operations Support Group immediately at 770-632-6700 extensions 6706, 6797, 6736 or 6768. The Operations Support Group will contact the appropriate State controlling authority. • Before transporting preservatives ensure the containers are closed and secured in the vehicles designated storage location. Any preservative not being used must be maintained in this storage location to prevent accidental release. Always keep these storage locations clean and 1 organized, to ensure any leaks can be identified and addressed appropriately. • Before transporting any preservative, the Foreman must know the states limited quantity allowed to be transported. If questions about these limitations occur, contact Atlanta office Operations Support Group immediately at 770-632-6700, extensions 6706, 6797, 6736 or 6768. The Operations Support Group will contact the appropriate State controlling authority. • Only those employees who have completed the Osmose Pesticide Training Program, or who hold a State-issued Pesticide Applicator or Technician License, are allowed to handle or apply wood preservatives. Employees are required to read the Osmose Pesticide Training Program. • Notify authorities if you note suspicious behavior or if wood preservatives or herbicides (any amounts) are stolen or missing. Rev. 2017 (R.A.) 2 of 2 58 4smose Wood Preservative and Packaging Disposal Policy The following is information regarding the Osmose disposal policy for wood preservatives and packaging was taken from the Osmose Pesticide Training Program: Wood Preservative Disposal As a pesticide applicator you have two disposal responsibilities. First you must dispose of surplus pesticides (concentrated or tank mixed) safely and properly. Secondly, you must dispose of empty pesticide containers and rinse safely and properly. Careless disposal practices are a common cause of pesticide misuse and environmental contamination. Disposal of Empty Wood Preservative Containers All pesticide containers must be triple rinsed before disposal. After triple rinsing, each empty container is to be cleaned and then punctured several times with a digging bar or other object to ensure that this container cannot be reused for another purpose. If possible, the label must also be removed after triple rinsing and cleaning the container. Improper disposal of surplus pesticides or pesticide containers, or selling or giving away full or empty pesticide containers, IS A VIOLATION OF FEDERAL AND STATE LAWS, AND COMPANY POLICY, AND MAY RESULT IN LEGAL ACTION OR SEPARATION OF EMPLOYMENT. Paste-type Preservatives (MP400-EXT and MP-500-EXT): When the paste work bucket is empty remove a 2-gallon bag from a box, cut the top of the bag, and squeeze the MP400 or MP500 bag to empty the entire 2-gallons into the work bucket. Split the bag at three seams, place on the pole over the treatment area (material side facing the pole), and cover with OsmoShield. When both 2-gallon bags within a box have been used, an uncontaminated cardboard box can be disposed of with regular refuse or offered for recycling. It is important to keep all paste work buckets clean to avoid contaminating workers skin and clothing. Any material on the bucket should be scraped off and used on the pole. Excess should be removed with a rag moistened with mineral spirits or fuel oil. When the rag is unfit for use it should be disposed of properly with other refuse according to the label. Old buckets no longer suitable for use are to be discarded by removing the label, punching holes in the bottom and disposing of in an approved landfill. u..ll~,. L7...,,-+. -~~....,.,.,!`R. T-7.,11...,, ucort (`R (`nnrantrata is narkaaarl in n 1 anlinn ilia and is mixeci in n _ •~concentration of I part Hollow Heart CB to 1.5 parts water. When the 1 gallon HollowHeart CB jug is empty it should be triple rinsed when the internal treatment tank is mixed. Fill the jug with water to the 0.4 gallon line, cap the container, shake, and empty into the tank. Repeat this process 2 times. When finished the empty container will be triple rinsed, and the 2-gallon internal treatment tank will hold properly mixed Hollow Heart CB. WoodFume®: Fill the empty container half way with '/z gallon of water, cap the container, shake, and pour the rinsate into an empty container. Repeat this process 2 times which will result in 1'/z gallons of rinsate. This rinsate is non-toxic and may be disposed of by pouring in a pole excavation before backfilling. COP-R-NAPTM Internal Treatment Solutions (CU-89-RTU II and Concentrate): The empty 1-gallon jug is partially filled with V2-gallon of diesel fuel or kerosene, capped, shaken and the rinsate placed in an empty container. This is to be done 3 times and will result in 1.5 gallons of rinsate. This rinsate is to be used in preparation of future solutions even if it means diluting a ready mixed solution. Reviewed/Approved: KIP 01/20/2014 1 of 2 59 ~smose MITC-FUME: Empty cardboard cases and steel canisters are to be offered for recycling or punctured and disposed of in an approved, sanitary landfill. Do not reuse canisters or boxes for any purpose. SuperFume: SuperFume is packaged in a fiber drum with a liner. When all SuperFume in the drum has been used, completely empty the liner by shaking and tapping the sides and bottom to loosen clinging particles. Empty this residue into the application equipment, then dispose of the liner in a sanitary landfill. If drum is contaminated and cannot be reused, dispose of the drum in a sanitary landfill. Note: For products used by Pole Inspection & Treatment, Pole Restoration, Right-of-Way or Auxiliary Services crews, which are not listed above, follow label directions for proper disposal of empty pesticide, preservative or herbicide containers. Disposal of Unused Wood Preservatives and Containers Osmose Utilities Services does not dispose of any unused wood preservatives or herbicides used by field crews. Should there be a situation that warrants such action, consult your Supervisor. Disposal of unused pesticides and their containers can be a problem. They should be returned to the manufacturer whenever possible. Otherwise you must choose the method which is best for you and still protects others and the environment. Federal and state law may require that you use certain methods when disposing of specific pesticides. ~I1 i I Reviewed/Approved: KIP 01/20/2014 2 of 2 60 osmose Summary of Personal Protective Equipment (PPE) (OSHA Requirements) Osmose provides all required personal protective equipment necessary to perform a specific job function, with exception of work boots and prescription safety glasses. Osmose will provide safety glasses that can be worn over prescription glasses, or side shields for prescription glasses with impact resistant lenses. Personal Protective Equipment (All Crew Members) All crew members wear the following mandatory PPE: ■ An approved hard hat, traffic safety vest, long pants, and shirt while on the job ■ Sturdy work boots with good tread in satisfactory condition ■ Safety Glasses ■ Leather or other protective gloves while digging and sharpening tools Optional PPE available to all employees includes hearing protection for those operating gas powered drills, back and wrist supports, body temperature control aids (wide-brimmed hard hats, neck shades, hard hat liners, cooling bandanas and wrist bands, "doo rags", hydration packs, and electrolyte tablets), poisonous plant barrier agents and treatments, Tyvek disposable coveralls, snake leggings, and knee pads. Personal Protective Equipment (Pole Restoration Crew Members) All Pole Restoration crew members wear the following mandatory PPE: ■ Heavy-duty work gloves at all times ■ Safety Glasses ■ Steel toe protectors or steel-toed work boots with eood tread which are in satisfactory condition ■ Protective back brace while lifting steel ■ Approved hearing protectors for all employees operating or in close proximity to an air hammer ■ High voltage rubber gloves, voltage detector, and dielectric boots, mat and blanket Personal Protective Equipment (Treater) All Wood Preservative Applicators wear the following mandatory PPE: ■ Approved hard hat, traffic safety vest, long pants, and long-sleeve shirt ■ Chemical splash goggles, and impermeable apron and gloves ■ Sturdy work boots with good tread in satisfactory condition ■ Any additional protective equipment as listed on a wood preservative product label Rev. 2017 (R.A.) 1 of 2 61 t Osmose Personal Protective Equipment Training All employees receive the following PPE training: ■ When PPE is necessary ■ What PPE is necessary ■ How to don, duff, adjust and wear PPE ■ The limitations of PPE ■ Proper care, maintenance, inspection, and expected life span of PPE ■ Reference Osmose Safety Manual for Service Specific PPE Matrix Note: Replacement PPE is always available for all employees. If PPE is damaged or worn they must replace it immediately. Hazard Assessment and Equipment Selection Osmose shall assess the workplace by doing a "Hazard Assessment" to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). Osmose will verify that the required workplace hazard assessment has been performed through a written certification that will: ■ Identifies the workplace evaluated, and determines if hazards are present or are likely to be present which necessitate the use of PPE ■ The person certifying that the evaluation has been performed ■ The date(s) of the hazard assessment ■ Identifies the document as a certification of hazard assessment If such hazards are present, or are likely to be present, Osmose will: ■ Communicate selection decisions and reasons for selection to each affected employee ■ Select the types of PPE that will best protect the affected employee from the hazards identified in life 1`.ct'I.arCi aSSe3S:i1Ga ■ Select PPE that properly fits each affected employee ■ Employees are required to report all potential hazards to management for review ■ Management is responsible for investigating and determining if any identified hazards require a re-assessment of the area ■ If new equipment or procedures are introduced to a work site location - Hazard Assessment must be completed to determine additional PPE requirements Rev. 2017 (R.A.) - 2 of 2 62 CITY OF ASHLAND TAX REGISTRATION (FOR REVENUE PURPOSES ONLY) BUSINESS LOCATION INFORMATION REGISTRATION NO. STREETADORESS: 635 HWY74 S BL-008024 PHONE: (770) 632-6700 OWNER INFORMATION NAME: OSMOSE UTILITIES SRVS Barbara Christensen CITY RECORDEW/rREASURER REGISTRATION EXPIRES JUNE 30. OSMOSE UTILITIES SERVICES, INC 635 HWY 74 S PEACHTREE CITY,_GA_30269 TO BE POSTED IN A CONSPICUOUS PLACE. • q 3 A ~ 8 63 ) ~smos~ References CUSTOMER CONTACT / TITLE PHONE Mark Gabers Avista Corp Wood Pole Management Program (509) 495-8747 Nick Christoph Okanogan County PUD 41 Right of Way Superintendent (509) 422-8435 Kevin Gowan Puget Sound Energy Supervisor Asset Strategy (425) 417-8188 Casey McCleary Wasco Electric Coop Operations Manager (541) 296-2740 Daniel Scott Chelan County PUD Distribution Engineer (509) 661-4915 Doug Pfaff Clearwater Manager of Engineering (208) 798-5227 Peninsula Light Company Kevin McAlister (253) 857-1571 Assistant Superintendent Jay Tanzy Oregon Trail Electric Coop Manager of Staking (541) 524-2851 & Regulatory Compliance Northern Wasco County PUD Pat Motehart (541) 296-2226 Operations Supervisor Customer References 1 of 1 64 EXHIBIT E Utility Wood Pole Inspections & Remedial Treatment FEE SCHEDULE INSPECTIONS Unit Price/Per Pole Visual Inspection Report $ 5.70 Sound & Bore 7/8" Inspection $13.15 Sound & Bore 7/8" REJECT $13.15 Partial Excavate Inspection $26.31 Partial Excavate REJECT $26.31 Additional inspection services can be listed below: TREATMENTS Bor8 1/2" x 4" Per Rod 5.31 GGB " r F " 1>2" X 3`~r~vU CobraRod 1/2" x 4" Per Roc 6.11 Additional treatments can be listed below: POLE MARKING & CATEGORIZING DATA COLLECTION & DELIVERABLES (As outlined in Exhibit A, Section 8.0) EXPENSES FOR TRAVEL, LODGING & MEALS Please note: Proposers may also submit supplemental fee schedules for additional services. RFP - Utility Wood Pole Inspections, Page 26 of 35 65 EXHIBIT B Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.I I0(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate ffi er: By: Jr. Signat re David R. Hagley Print Name Title: Sr. Vice President Tate- 1 1 /77/1 7 i RIP -Utility Wood Pole Inspections, Page 18 of 35 66 EXHIBIT C AFFIDAVIT OF TRADE SECRET Note: Exhibit C is being provided as a courtesy because proposals become public information upon the release of a Notice of Intent to Award a Public Contract. If applicable, Proposer shall complete and include this Affidavit of Trade Secret with a full redacted version of its Proposal David R. Hagley (Affiant), being first duly sworn under oath, and representing Osmose Utilities Services, Inc. [Proposer name] (Hereafter "Proposer"), hereby deposes and swears or affirms under penalty of perjury that: 1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein. 2. I am aware that the Proposer has submitted a Proposal, dated on or about 10/31/17 [insert date] (the "Proposal"), to the State of Oregon (State) in response to Request for Proposals for OT1I_ITY WOOD POI,E INI'SECTIONS & REMEDIA1. 1'IZEATMENT and I am familiar with the contents of the RFP and Proposal. 3. I have read and am familiar with the provisions of Oregon's Public Records Law, Oregon Revised Statutes ("ORS") 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law. ~t 4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the "Exempt lnfonnation"), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes "Trade Secrets" under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either: A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that: i. is not patented, ii. is known only to certain individuals within the Proposer's organization and that is used in a business the Proposer conducts, iii. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. or B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that: i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy. RFP - Utility Wood Pole Inspections, Page 19 of 35 67 EXHIBIT C AFFIDAVIT OF TRADE SECRET Note: 1',xhihit (is hero, provided as a courtesy because proposals become public information upon the release of a Notice of Intent to Award a Public Contract. If applicable, Proposer shal I comp icte <iii.i iucludc this Affidavit of Trade Secret with a full redacted version of its Proposal. David R. Hagley (Affiant), being first duly sworn under oath, and representing Osmose Utilities Services, Inc. [Proposer name] (Hereafter "Proposer"), hereby deposes and swears or affirms under penalty of perjury that: III 1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein. 2. I am aware that the Proposer has submitted a Proposal, dated on or about 10131117 [insert date] (the "Proposal"), to the State of Oregon (State) in response to Request for Proposals for UTI1-ITY WOOD POLE INPSECTIONS & REMEDIAL TRL;ATMENI' and I am familiar with the contents of the RFP and Proposal. 3. I have read and am familiar with the provisions of Oregon's Public Records Law, Oregon Revised Statutes ("ORS") 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law. 4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the "Exempt Information"), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes "Trade Secrets" under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either: A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or com_ilation of information that- i. is not patented, ii. is known only to certain individuals within the Proposer's organization and that is used in a business the Proposer conducts, iii. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. or B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that: i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy. I i i RFP -Utility Wood Pole Inspections, Page 19 of 35 e t 5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law. Affiant's Signature State of Georgia ) ) ss: County of ovveta ) Signed and sworn to before me on 11/27/17 (date) by David Havley (Affiant's name). MC D ON Kim McDonald i Notary Public for the State o Georgia Z 'O OOT%. : Q 0; My Commission Expires: w C1 AV6L~G Q .9 ~Z % Proposer identifies the following information as exempt from YO e: On a►°k page numbers and paragraph nun►hers) RFP - Utility Wood Pole Inspections, Page 20 of 35 e Exhibit D Contract for Utility Wood Pole Inspections & Remedial Treatment CITY OF CONTRACTOR: Osmose Utilities Services -AS H LAND CONTACT: David R. Hagley 20 East Main Street Ashland, Oregon 97520 ADDRESS: 635 Highway 74 S, Peachtree City, GA 30269 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 770-632-6700 DATE AGREEMENT PREPARED: FAX: 678-864-0844 BEGINNING DATE: COMPLETION DATE: COMPENSATION: GOODS AND SERVICES TO BE PROVIDED: Wood Utility Pole Inspections & Remedial Treatment ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 2. 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. 3. 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. 4. 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. 5. 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.. 6 Ownership of nnrijmantc: All documents nranared by Contractor pursuant to this rnntract shall ha tha nrnnarty of City. 7. Statutory Requirements: ORS 2796.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 8. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,688.86 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. 9. 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. 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 Contractor, or at such later date as may be established b City under an of the following RFP - Utility Wood Pole Inspections, Page 21 of 35 69 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. M. 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. 11. 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. 12. 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. 13. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 14. 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-6e fully responsible for the acts oromissions ofany 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. 15. 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. 16. 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. 17. 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 $2,000,000 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 $2,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non- owned vehicles, as applicable. RFP -Utility Wood Pole Inspections, Page 22 of 35 70 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, excluding Workers' Compensation, 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. 18. 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. 19. 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. 20. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day, of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 21. 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. - - - - - - attached heretoa -s Ez porated by 22. CeRiScation. Contractor shall sign the certification liitiitAand ' herein incor - reference. Contractor: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. RFP -Utility Wood Pole Inspections, Page 23 of 35 71 EXHIBIT D-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: 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. _X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. X (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. Osmose Utilities Services Inc. 11/27/17 Contractor (Date) RFP - Utility Wood Pole Inspections, Page 24 of 35 72 e CITY or ASHLAmn; OREGON EXHIBIT D-B City of Ashland LIVING WAGE 6 e i. •.1 er hour effective June 30! 2017 (increases annually every June 30 by the Consumer Price Index) portion. of business of their 401K and IRS eloe employee, if the employer has pia plans {ncti ding ten and childcare} bwelits to the or snore d► a has received f wcial amownt of wages received by assist wze for the pr ct or the employee. For all hours w~tic~ under a tx~ir~s: ire.>nei ft City of sere contras be City of t their Ashland' ire a sm of IOW-='E dues not employer and the roct $20,688.86- include tempomy or part-time AsMlanvd' if contrac employees hired for less #w exceeds 0;8#i8.8~6 or mom. > If fair employer is the CAy of 1040 hours in agFFbdw- Ashland ir..~ ding ~ Parks month peniod. For mare For all hours weed i . a ar.d Recreation Cepat ent detatis on appicaliityr of this fiiu~ i~ crt~ Arius poky, 'A see Ashland 513% or more of 1he > In calrulatrrg the living wage, Wricipal Code Section empbyeers here in, that month empboyers may add the value 3.12.020. .mddng on a project or of health ere, retirement Call the Ashland City Administra&s office at 541-4$8-6002 or white to the City Administrator, City Hall, 20 East Main Street. Ashland, OR 9 520 or visit the cityr's website at ww.M.ashlard.ar us.. No*@ to Emp[oyera. Tnis. ranee muss he poses predaninardrr in areas wf►?ne k can he seen try at. eM Vj%s_ CIITY OF H L RFP - Utility Wood Pole Inspections, Page 25 of 35 73 CITY OF ASHLAND November 13, 2017 To Whom It May Concern: Subject: ADDENDUM #1 Request for Proposal Utility Wood Pole Inspections & Remedial Treatment Please review, sign, and include the following addendum with the City's Request for Proposal for Utility Wood Pole Inspections & Remedial Treatment. If you have any questions and/or need additional information, please call (541)-488-5354. Thank you. Respectfully, Kari Olson Purchasing Representative oo;. PoRFPme coUtility Wood Pole Inspections, Addendum #1, Page 1 of 8 Request for Proposal UTILITY WOOD POLE INSPECTIONS & REMEDIAL TREATMENT ADDENDUM #1 The purpose of this addendum is to provide answers to questions that have been received in 1 response to this RFP. k Question: Wood Pole Treatment: • Flurods o Flurods are no longer available on the market. We have used Bore8 rods on the project over the past two years. o Would it be ok to submit our proposal to include Bor8 rods on this project? Answer: Bore8 rods are acceptable. The reason Flurods were specified is because of their low impact. The City does not want harsh chemical treatments. Question: Living Wage: o On page 7 of 35 under "AMC CHAPTER 3.12 LIVING WAGE" - The contract value is assumed to be the 5 year total value of the contract - is this correct? f Answer: Yes, the value of the contract is the 5-year total. AMC Chapter 3.12 Living Wage is included with this addendum for your review. There are exemptions listed under Section 3.12.020. I I 0 Please review, sign, and return this addendum with the RFP documents. I acknowledge ece'pt of AD 7 #1. Signed by: Date: 11/27/17 Printed name: avid R. Hagley Title: Sr. Vice President Firm: Osmose Utilities Services, Inc. RFP - Utility Wood Pole Inspections, Addendum #1, Page 2 of 8 Chapter 3.12 LIVING WAGE Sections: i 3.12.010 Purpose 3.12.020 Definitions 3.12.030 Payment of a Living Wage 3.12.040 Enforcement 3.12.050 Retaliation and Discrimination Prohibited 3.12.060 Applicability of Provisions 3.12.070 Severability Section 3.12.010 Purpose The City awards contracts to private firms to provide services to the public and City government. The City also provides grants to not-for-profit organizations. Such public expenditures should be spent only with deliberate purpose to promote the creation of jobs that allow citizens to support themselves and their families with dignity. Jobs that pay below living wages do not serve the public purpose and place an undue burden on taxpayers and the community which must further subsidize employers who pay sub poverty wages by providing their employees health care, housing, nutrition, energy assistance, and other government provided services. The City has a responsibility when spending public money to set a community standard that promotes workers living above the poverty line. Therefore, contractors, subcontractors or other recipients of City financial assistance should pay their employees nothing less than a living wage as defined by this chapter. (Ord. 2875, added, I s s 09/04/2001) f Section 3.12.020 Definitions For the purpose of this ordinance the following definitions shall apply: A. "Employee" means any person who is employed as an employee of a service contractor or a recipient, or who is a recipient subcontractor or independent contractor of a service contractor, or subcontractor on a service contract with the City, for all employment hours spent performing the. duties required pursuant to the service contract, or by a recipient or a subcontractor of a recipient who spends 50% or more of the employee's compensated time in a month working on the project or portion of business that received City financial assistance. "Employee" does not include: 1. Employees outside the State of Oregon; RFP - Utility Wood Pole Inspections, Addendum #I, Page 3 of 8 f + 2. Employees who are hired as temporary or part-time employees and who are employed for a total of less than 1040 hours in any twelve month period; 3. Employees participating in bona fide training programs such as welfare-to-work (state), work study (educational institutions), certified apprentice programs or on-the-job training program of no more that 18 months; 4. Volunteers and quasi-volunteers (who may receive a stipend); 5. Employees who are under 18 years of age, employed by anon profit entity for after school or summer employment or as a trainee for a period of not longer than 120 days; 6. Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29, U.S.C. Section 201. This exemption shall only apply during the time when the employee is actually standing by or on-call; or 7. An employee subject to a bona fide collective bargaining agreement. B. "Employer" means the City of Ashland including the Parks and Recreation Department and any person who is a recipient, contractor, or subcontractor and who employs employees. "Employer" does not include other governmental agencies or quasi governmental agencies, which have publicly elected boards or commissions. C. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust or organization. D. 'Recipient' means any person who receives financial assistance from the City, including direct grants, loans, waiver of city fees or other valuable consideration in an amount of more than $18,703 in any twelve month period. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through December) in the Consumer Price Index Urban [ Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Recipient does not include a private employer with less than ten employees who receives a tax abatement or subsidy. "Financial assistance" does not include: 1. The purchase of goods or other property; 2. The lease or rental of goods or other property; 3. Payment to provide services for the occasional meeting, reception, or similar function; '4. Payments under contracts subject to prevailing wage requirements in ORS 279.348 to 279.380; or RFP - Utility Wood Pole Inspections, Addendum #I, Page 4 of 8 f 1 5. City staff assistance, or an economic benefit as an incidental effect of city policies, regulations or ordinances. E. "Safety net services" include: 1. Temporary, emergency food and shelter; 2. Substance abuse education, prevention and treatment; 3. The preservation of dignity and equal access to justice; 4. Primary and preventive health care services; or 5. Critical supportive services fqr families, seniors and victims. F. "Service contractor" means any person who enters into a service contract with the City. A "service contract" means a contract to provide services for the operation of the City or to maintain City property- A service contract does not mean: 1. The purchase of goods or other property; 2. The lease or rental of goods or other property; 3. Payment to provide services for the occasional meeting, reception, or similar. function; 4. Those contracts subject to prevailing wage requirements in ORS 279.348 to 279.380: or 5. Contracts involving payment of less than $18,703. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through December) in the-.i.^.n----°r-Pr;ce ind-X-alrban -Wage -Cara icr$i 'S. 1'1'sh~d-by the ;J.-S: vcn-r4manh ..F Ic'abGri Bureau of Labor Statistics. Amendments to such contracts that increase the contract amount over $18,703 are also not included within the definition of a service contract unless such amendments are used to circumvent living wage requirements. G. "Subcontractor" means any person that enters into a service contract with: 1. A service contractor to assist the service contractor in performing 50% or more of the service work on a project or portion that receives city funds; 2. A recipient to assist the recipient in performing 50% or more of the service work on a project or portion that receives city funds. (Ord. 2875, added, 09/04/2001) RFP - Utility Wood Pole Inspections, Addendum #1, Page 5 of 8 t i Section 3.12.030 Payment of a Living Wage A. All employers covered under this chapter shall pay employees a "living wage" of wages and benefits equal to $14.52 per hour (CPI 6/30/16). Benefits, which can be attributed to a living wage, are limited to health care, retirement, 401k and IRS eligible cafeteria plans (including childcare). B. Work presently being performed by City of Ashland employees may not be contracted out unless the contractor pays employees performing that work a living wage or the current City wage, i whichever is higher. 'i C. The wage rate required in section A shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through December) in the Consumer Price Index Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. D. Employers subject to this chapter shall post a notice, which notifies employees of their potential rights under this chapter. Such notice shall be posted predominantly in areas where it will be seen by all employees. (Ord. 2875, added, 09/04/2001) Section 3.12.040 Enforcement A. Compliance with this chapter shall be required in all City contracts to which it applies. Such contracts shall provide that upon a violation of any provision of this chapter the recipient, contractor or subcontractor who is out of compliance shall have thirty days to come into compliance. Such contracts shall further provide that after 30 days if the recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a recipient, contractor, or subcontractor violates the provisions of this chapter ,y 11idy ..........L......,....: subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of two years. B. An employee claiming violation of this chapter may report such action to the City. The City administrator may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action. An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of Oregon against an employer and may be awarded back pay for each day during which the employer failed to pay the employee the required living wage. As additional damages the employee shall be a awarded an amount equal to an hour's pay for each hour the employee was not paid the amount required in section 3.12.030 and any additional injunctive relief necessary and appropriate under the circumstances. Notwithstanding the above for employees hired as part-time or seasonal workers [i.e., a with a 1040-hour limit per calendar year] back pay shall be limited to an award of the pay differential RFP - Utility Wood Pole Inspections, Addendum #1, Page 6 of 8 and penalty commencing with the 1041st hour of employment. The court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. The damage provision of this section shall not apply if such violation was deemed to be unintentional on the part of the employer and the employer paid the required back pay for each day the violation of this chapter occurred. C. The statute of limitations for this chapter shall be two years from the time of the alleged violation of this chapter. (Ord. 3008, amended, 03/16/2010; Ord. 2875, added, 09/04/2001) Section 3.12.050 Retaliation and Discrimination Prohibited A. No employer shall retaliate or discriminate against an employee in his or her terms and conditions of employment by reason of the person's status as an employee protected by the requirements of this chapter. B. No employer shall retaliate or discriminate against a person in his or her terms and conditions of employment by reason of the person reporting a violation of this chapter or for prosecuting an action for enforcement of this chapter. (Ord. 2875, added, 09/04/2001) Section 3.12.060 Applicability of Provisions i The provisions of this chapter shall apply to: A. A contract executed and financial assistance provided after the effective date of this ordinance; B. A contract amendment executed after the effective date of this ordinance which itself meets the requirements of this chapter or extends a contract that meets the requirements of this chapter; and C. Supplemental financial assistance provided after the effective date of this ordinance which itself meets the requirements of this chapter. D. The Council may waive the requirements of this chapter for a recipient or service contractor upon a finding and determination that such a waiver is in the best interest of the City. The Council may waive the requirements of this chapter for a recipient or service contractor who provides safety net services, upon Council acceptance of a three-year plan for achieving the requirements of this chapter. (Ord. 2875, added, 09/04/2001) Section 3.12.070 Severability If any court of competent jurisdiction declares any provision of this chapter legally invalid, the remaining provisions shall remain in full force and effect. (Ord. 2875, added, 09/04/2001) RFP - Utility Wood Pole Inspections, Addendum #1, Page 7 of 8 The Ashland Municipal Code is current through Ordinance 3145, passed September 19, 2017. Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contact the City Recorder's office for ordinances passed subsequent to the ordinance cited above. f a' i g i s K i i RFP - Utility Wood Pole Inspections, Addendum #1, Page 8 of 8 i CITY OF -ASHLAND November 15, 2017 To Whom It May Concern: Subject: ADDENDUM #2 Request for Proposal Utility Wood Pole Inspections & Remedial Treatment Please review, sign, and include the following addendum with the City's Request for Proposal for Utility Wood Pole Inspections & Remedial Treatment. If you have any questions and/or need additional information, please call (541) 488-5354. Thank you. Respectfully, Kari Olson Purchasing Representative RFP - Utility Wood Pole Inspections, Addendum #2, Page 1 of 2 %1 100% Post-Consumer Content f • 1 a f F t Request for Proposal UTILITY WOOD POLE INSPECTIONS & REMEDIAL TREATMENT ADDENDUM #2 i The purpose of this addendum is to provide the updated FEE SCHEDULE attached as Exhibit E. "s 3 E f m C {i i Please review, sign, and return this addendum with the RFP documents. I acknowledge r ei t of AD D M #2. Signed by: Date: 11/27/17 Printed name: David R. Hag Title: Sr. Vice President Firm: Osmose Utilities Services, Inc. 9 RFP - Utility Wood Pole Inspections, Addendum #2, Page 2 of 2 l f EX ROIL' E Utility Wood Pole Inspections & Remedial Treatment FEE SCHEDULE :INSPECTIONS Unit PricelPer Pole - Visual Inspection Report Sound & Bore 7/8" Inspection Sound & Bore 7/8" REJECT Partial Excavate Inspection Partial Excavate REJECT Additiorial ynsbection services cao be listed below..' u.. .TREATMENT'S = - T- FLURODS 1/2" X 3" Per Rod COBRARODS 1/2" X 4" Per Rod BOR8 RODS 1/2" X 4" Per Rod Ad'ditlona4treatments can tie listed below. > - r - POLE 1biARKTNG &CATEGORIZING - E DATA COLLECTION 6c DELIVERABLES ' (As outhpec~ m EXhtbtt A, Section ; 0 ~i EXPENSES FOR~RAVEL LODGING'&c`MEALS;' = ` Please note: Proposers may also submit supplemental fee schedules for additional services. RFP -Utility Wood Pole Inspections, Page 26 of 35 p w osmose ~t~., Recommended Revisions to your Contract for Utility Wood Pole Inspection & Remedial Treatment from our Attorney Below are recommended revisions to your Contract for Utility Wood Pole Inspection & Remedial Treatment from our Attorney. In order to be fair and equitable to both parties and to ensure that contractual language is applicable to the specifics of the scope of work, Osmose reviews all contracts with our legal department; most likely your company performs similar reviews. If you have any questions or concerns, or if you would like to resolve any issues regarding our revisions, please do not hesitate to contact our Attorney, Mr. John Rigney, at (770) 632-6766. This is not intended to delay the bid process and we are confident all issues can be resolved prior to the start of the project. It is our intent to be a reliable vendor for years to come. If these revisions are acceptable, please sin date and return an acceptance copy for our files. Contract for Utility Wood Pole Inspections & Remedial Treatment 9. 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 negligent 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. In the event of joint and concurrent negligence of Contractor and the City, each party shall be responsible for the percentage of negligence attributed to it by agreement between the parties or in a court of competent jurisdiction. 17e. 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, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. The City of Ashland Oregon and its elected officials officers and employees' status as additional insured shall not apply to the alleged negligent acts or negligent failure to act by The City of Ashland Oregon and its elected officials officers or employees. 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. Recorrunended Revisions 1 oft 85 4smos OSMOSE UTILITIES SERVICES, INC. CITY OF ASHLAND ELECTRIC DEPARTMENT Signatu Signature David R. Hagley Print Name Print Name Sr. Vice President Title Title 11/27/17 Date Date r I Recommended Revisions 2 of 2 86 DATE (MM/DD/YYYY) ACOR,o CERTIFICATE OF LIABILITY INSURANCE 06/29/2017 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: Marsh USA Inc. PHONE FAX 1560 Sawgrass Corporate Pkwy, Suite 300 AIC No): Sunrise, FL 33323 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 101742660--GAWU-17-18 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B : National Fire & Marine Insurance Co 20079 Osmose Highway 74 Utilities Services, Inc. INSURER C 635 Navigators Insurance Company 42307 635 Hig : Peachtree City, GA 30269 INSURER D : Everest National Insurance Co 10120 INSURER E : Indemnity Ins Co Of North America 43575 INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-004182572-03 REVISION NUMBER:O 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDWYYYY A X COMMERCIAL GENERAL LIABILITY GL00381439-02 07/01/2017 07101/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE To ED CLAIMS-MADE OCCUR u 1,000,000 PREMISES (Ea occrrrence $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Buffer limit is GENERAL AGGREGATE $ 2,000,000 POLICY ~X PRO- ❑ LOC Per Occ/Aggr/Prod Comp Ops PRODUCTS - COMP/OP AGG $ 2,000,000 JECT NY1 7EXC903879 IV Buffer 07/01/2017 07/01/2018 Buffer: $ 1,000,000 C OTHER: A AUTOMOBILE LIABILITY BAP 0381440-02 07/01/2017 07/01/2018 EaCO accidMBINEDent SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B 42-XSF-302666-02 Excess Auto 0710112017 07/01/2018 Excess Autombile Limit: $ 1,000,000 D X UMBRELLA LIAB X OCCUR XC3EX00016-171 0710112017 07/01/2018 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 I DED RETENTION $ $ A WORKERS COMPENSATION WC 0381438-02 07/01/2017 07/01/2018 X STATUTE OTH AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YN / A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN-1 Mandatory in NH) D i w~ vvv yes, describe under E.L. OIJE At;t - to tNIPLJY EE DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Excess XSM G46784558 001 (Excess) 07/01/2017 07/01/2018 Limit: 15,000,000 Policy is XS of $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Ashland, Oregon, and its elected officials, officers and employees are Additional Insured on a primary and non-contributory basis in regard to the above Liability policies when required by executed written contract. A Waiver of Subrogation is included when required by executed written contract. Workers Compensation coverage is extended to the state of Oregon. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 90 N. Mountain Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sandi Lee ~GLSJ. cr ~Q-2 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 87 (WOOO CARE SAFETY DATA SHEET EMERGENCY CALL: 1-800-827-3480 1. IDENTIFICATION PRODUCT NAME: Bor8Rods DESCRIPTION: A solid wood preservative. EPA Reg. No.: 70114-1 COMPANY IDENTIFICATION: Wood Care Systems 719 Kirkland Ave. Kirkland, WA 98083 (425) 827-6000 2. HAZARD IDENTIFICATION CAUTION Causes eye irritation May be harmful if swallowed May be harmful in contact with skin 3. COMPOSITION / INFORMATION ON INGREDIENTS Common Name Chemical Name CAS # Composition Anhydrous Disodium Octaborate - 12008-41-2 96.7% 4. FIRST AID MEASURES Have the product container or label with you when calling a poison control center or doctor or going for treatment. You may also contact 1-800-827-3480 for emergency medical treatment information. IF IN EYES: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. If eye irritation persists: Get medical advice/attention. IF SWALLOWED: Call a poison control center or doctor if you feel unwell. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by a poison control center or a doctor. IF ON SKIN OR CLOTHING: Remove and wash contaminated clothing before reuse. Wash skin in Crvugrily 'vViiii .~Jdl.; Y..i i.. vvGw•. l.Ci, PUN' V71 LU,IC: Uf !:ci v: yv!. :cc: 5. FIREFIGHTING MEASURES Flash point (PMA-4): Not flammable, will not flash Flammable Limits (LFL-UFL): N/A Fire and Explosion Hazards: May release toxic gasses through thermal decomposition. Extinguishing Medium: Use appropriate extinguishing materials for surrounding fires. Fire Fighting Equipment: Firefighters should be equipped with self-contained positive pressure breathing apparatus and full bunker gear. Fire Fighting Instructions: A foam or dry chemical fire extinguishing system is preferred to prevent environmental damage from excessive water runoff. If water is used, avoid heavy hose streams. If possible, dike and collect water used to fight fire to prevent/minimize runoff. Hazardous Combustion Products: Gaseous boron compounds NFPA Ratings: Health - 1 / Flammability - 1 / Reactivity - 0 Page 1 of 4 88 6. ACCIDENTAL RELEASE MEASURES No special release measures are required for this product. Handle according to instructions in Sections 7 and 8. 7. HANDLING AND STORAGE Keep out of reach of children and animals. Handling: Avoid contact with eyes, skin or clothing. Wash thoroughly with soap and water after handling this product and before eating, drinking, chewing gum, or using tobacco. Storage: Do not contaminate other pesticides, fertilizers, water, food or feed by storage or disposal. Store in dry conditions at all times and out of reach of children. 8. EXPOSURE CONTROLS / PERSONAL PROTECTION Engineering Controls: Facilities storing or utilizing this material should be equipped with an eyewash station and a safety shower. Protective Clothing: Wear gloves when handling this product. Remove and wash contaminated clothing before reuse. General: Wash clothing and other absorbent materials that have been exposed to this product. Follow the manufacturer's instructions for cleaning and maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 9. PHYSICAL AND CHEMICAL PROPERTIES Physical State: Clear, hard glass-like rods Odor: None pH: N/A Specific Gravity: 2.2 (water = 1) Solubility: Soluble 10. STABILITY AND REACTIVITY CONDITIONS TO AVOID: Avoid extremely high temperatures. CHEMICAL STABILITY: Product is normally stable. However, product may decompose if heated. HAZARDOUS DECOMPOSITION PRODUCTS: Heat and fire may result in thermal decomposition and the release of gaseous boron compounds. INCOMPATIBILITY WITH OTHER MATERIALS: None known. POLYMERIZATION: Will not occur. 11. TOXICOLOGICAL INFORMATION ORAL TOXICITY (rat LDso): > 2,000 mg/kg DERMAL TOXICITY (rat LDso): > 2,000 mg/kg INHALATION TOXICITY (rat LCso): Data not available EYE IRRITATION: Moderately irritating SKIN IRRITATION: Non-irritating SKIN SENSITIZATION: Not a contact sensitizer CARCINOGENICITY: EPA: Not Listed ACGIH: Not Listed NTP: Not Listed IARC: Not Listed OSHA: Not Listed MUTAGENIC TOXICITY: No evidence of mutagenic effects during in vivo and in vitro assays. REPRODUCTIVE TOXICITY: No evidence in animal studies. Page 2 of 4 12. ECOLOGICAL INFORMATION Do not apply directly to water, to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when cleaning equipment or disposing of equipment wash waters. 13. DISPOSAL CONSIDERATIONS PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. This product to be used in the manner it is intended for. If this is not possible, it should be disposed of in compliance with all local, state and Federal waste disposal regulations. CONTAINER DISPOSAL: Nonrefillable container. Do not reuse or refill this container. Refer to the product label for specific container handling instructions. 14. TRANSPORT INFORMATION US DOT: Not regulated by DOT. 15. REGULATORY INFORMATION FIFRA - This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to certain labeling requirements under federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheets, and for workplace labels of non-pesticide chemicals. The following is the hazard information as required on the pesticide label: PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Harmful if swallowed or absorbed through skin. Causes moderate eye irritation. Avoid contact with eyes, skin or clothing. Wear gloves when handling Bor8Rods. Remove and wash contaminated clothing before reuse. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using tobacco. See inside label booklet for additional Precautionary Statements and Directions for Use including Storage and Disposal instructions. ENVIRONMENTAL HAZARDS Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate. Page 3 of 4 9i1 t 15. REGULATORY INFORMATION (CONT.) All pesticides are governed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The regulatory information presented below is pertinent only when this product is handled outside of the normal use and application as a pesticide. This product is excluded from listing requirements under EPA/TSCA. SARA Title III - Section 302 Extremely Hazardous Substances Not listed SARA Title III - Section 311/312 Hazard Categories Immediate SARA Title III - Section 312 Threshold Planning Quantity N/A SARA Title III - Section 313 Reportable Ingredients None CERCLA - None CALIFORNIA PROP 65 STATUS - This product does not contain any chemicals known to the state of California to cause cancer or reproductive toxicity. CANADA- This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the SIDS contains all of the information required by CPR. 16. OTHER INFORMATION DISCLAIMER: Wood Care Systems warrants that the product conforms to its chemical description and is reasonably fit for the purpose stated on the label only when used in accordance with label directions under normal conditions of use. Wood Care Systems MAKES NO OTHER EXPRESSED OR IMPLIED WARRANTIES EITHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. Handling, storage and use of the product by buyer or user are beyond the control of Wood Care Systems. Risks such as ineffectiveness or other unintended consequences resulting from, but not limited to, failure to follow label directions will be assumed by the Buyer or User. IN NO CASE WILL Wood Care Systems BE HELD LIABLE FOR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES RESULTING FROM THE HANDLING, STORAGE OR USE OF THIS PRODUCT. SIDS Version: 2.0 (Conversion from MSDS format) Effective Date: 04/22/2015 Page 4 of 4 91 CoW, Safety Data Sheet CobraTMRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. f evision 000 Cobra TmRod • Trade name (as labeled): CobraTmRod Product Class: Fungicide/Wood Preservative Product description: Fungicide in the form of solid fused glass rod; used to prevent decay in wood structures by inserting into pre-drilled holes. PCP Registration No.: 25580 EPA Registration No.: 71653-2 Manufacturer's Name: GENICS INC. 561 Acheson Rd. 53016 Hwy 60 Acheson, Alberta Canada T7X 5A7 Emergency Phone: CANUTEC: 613-996-6666 Genics Business Phone: (780) 962-1000 EMERGENCY OVERVIEW Harmful if swallowed. Avoid contact with eyes and skin. Avoid rubbing eyes while working with product. Avoid I breathing dust, use only in well ventilated area. CobraTmRods are a dark green, solid, glass-like substance that are not flammable, combustible, or explosive j and have low acute oral and zero dermal irritation. CobraTmRods are not intended for ingestion. CobraTmRods # have low acute toxicity and small amounts accidentally swallowed are not likely to cause effects. Some rods may have sharp edges and in cases where they are completely swallowed these sharp edges may cause grazing of the intestinal tract. Name Toxicological Data Cobra Rod LD50 oral rat >3500 mg/kg B.W. SYMPTOMS OF OVEREXPOSURE BY ROUTE OF EXPOSURE: There is no health hazard anticipated to occur during routine use of this product. The symptoms of such overexposures are described in the following paragraphs. INHALATION: Though unlikely to occur, a minor hazard may exist via inhalation of particulates generated by the product. At most, the exposure to the dust causes mild irritation of the respiratory system, or mucous membranes. Symptoms may include redness itching, or coughing. CONTACT WITH SKIN OR EYES: Though unlikely to occur, contact with dusts generated by this product and the skin or eyes may lead to mild irritation. SKIN ABSORPTION: Exposure via skin absorption will not occur with product. INGESTION: Though very unlikely to occur in an occupational setting, if this product is ingested, symptoms may include nausea and vomiting. INJECTION: Injection of this product (via punctures with contaminated, sharp objects or pre-existing breaks in the skin) can produce redness, local swelling, and tissue damage at the injection site. Page 1 of 7 92 COW, Safety Data Sheet CobraTMRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. Revision 000 HEALTH EFFECTS OR RISK FROM EXPOSURE: MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: Skin disorders may be aggravated by exposure to this product. Overexposures to dusts of this product may aggravate respiratory conditions. Product ingredients are not listed as a carcinogen or potential carcinogen on the following lists: US OSHA Z LIST, NTP, IARC, CAUOSHA. SYMPTOMS OF OVEREXPOSURE TO THIS PRODUCT MAY INCLUDE THE FOLLOWING: ACUTE: Symptoms of short-term exposure to dusts generated by this product may cause irritation of the eyes, skin and respiratory system. If ingested, nausea and vomiting may occur. CHRONIC: Prolonged or repeated skin overexposure to dusts generated by this product may lead to dermatitis (inflamed, dry skin) and chapping. Refer to Toxicological Information on the component of this product Anhydrous Disodium Octaborate. TARGET ORGANS: Skin, eyes, respiratory system (to dusts only). SECTION Composition Name % WIW CAS # ACGIH TLV OSHA PEL Anhydrous Disodium Octaborate 88 - 91% 12280-03-4 NE NE Copper (from Copper Hydroxide) 1.5-3% 20427-59-2 1 mg/m' (Cu dust + mist) 1 mg/m' (Cu dust + mist) Boric Acid 4-8% 10043-35-3 NE NE *NE = Not Established • 4: First Aid Measures If Swallowed: Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by a poison control center or doctor. Do not give anything by mouth to an unconscious person. If on Skin or Clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15 - 20 minutes. Call poison control center or doctor for treatment advice. If Inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. Call a poison control center or doctor for further treatment advice. If in Eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor immediately for treatment advice. Have the product container or label with you when calling a poison control center or doctor.. SECTION 5: Fire-Fighting Measures FLASH POINT: Not applicable AUTOIGNITION TEMPURATURE, EC: Not applicable FLAMMABLE EXTINGUISHING MATERIALS: This product is not flammable. Use fire extinguishing material appropriate for the surrounding area. • Water Spray: YES Carbon Dioxide: YES Foam: YES • Dry Chemical: YES Halon: YES Other: Any "ABC" Class Page 2 of 7 93 r Safety Data Sheet CobraTmRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. Revision 000 UNUSUAL FIRE AND EXPLOTION HAZARDS: This product presents no unusual hazards to fire-fighters if involved in a fire. EXPLOSION SENSITIVITY TO MECHANICAL IMPACT: Not sensitive. EXPLOSION SENSITIVITY TO STATIC DISCHARGE: Not sensitive. SPECIAL FIRE-FIGHTING PROCEDURES: Incipient fire responders should wear eye protection. Structural firefighters must wear self-contained breathing apparatus and full protective equipment. Move fire-exposed containers if it can be done without risk to fire-fighters. If possible, fire-fighters should control run-off water to prevent environment contamination. SECTION 6: Accidental Release Measures SPILL AND LEAK RESPONSE: Due to the nature of this product, no special accidental release measures are normally required. Uncontrolled releases involving other materials released near this product should be responded to by appropriately trained personnel using pre-planned procedures. Dispose of in accordance with U.S. Federal, State, and local hazardous waste disposal regulations and the applicable standards of Canada and it's Provinces (see Disposal and Considerations). • • • and Storage Procedures • Do not contaminate water, food, or feed by storage or disposal. • Store in a dry location at all times, out of reach of children and out of contact with food or feed. • Do not use in situations where food could become contaminated. • Keep out of reach of children at all times. • Use only as a wood preservative. • When inserting, push home using a wooden or plastic dowel. • Never strike the rod with a hammer or similar object as this may result in the rod shattering. • Exposure Applicators and other handlers must wear: Long-sleeved shirt and long pants, shoes and socks. Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. Discard clothing and other absorbent materials that have become drenched or heavily contaminated with this product's concentrate. Do I IUL r euse LI Iem. • Users should wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet. • Users should remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • Users should remove PPE immediately after handling this product. As soon as possible, wash thoroughly and change into clean clothing. SECTION Properties Vapour Density: NA Evaporation Rate (water =1): NA Density: 2.22 0 /ml Melting Point/Range: 1000 C Boiling Point: NA Solubility in Water: 21% Vapour Pressure mm Hq @20°C: Negligible Appearance and Colour: Green-black, hard, glass-like rods. Page 3 of 7 94 cdor Safety Data Sheet CobraTMRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. Revision 000 Flashpoint: NA SECTION 10: Stability and Reactivity Stability: Stable Conditions to Avoid: No known conditions to avoid. Hazardous Decomposition Products: None Incompatibility (Materials to Avoid): No known materials to avoid. Hazardous Polymerization: Will not Occur • Toxicological TOXICITY DATA: Active Ingredients Anhydrous Disodium Octaborate LD50 oral rat acute 2,550 mg/kg B.W. Copper Hydroxide LD50 oral rat 1,000 mg/kg B.W. Boric Acid LD50 oral rat 2,660 mg/kg B.W. CARCINOGENICITY: Anhydous Disodium Octaborate is NOT found in the following lists: FEDERAL OSHA Z LIST, NTP, IARC, CAL/OSHA, and therefore are not considered to be, or suspected to be, cancer-causing agents by these agencies. IRRITANCY OF PRODUCT: Dusts generated by this product may be mildly irritating to contaminated tissues. SENSITIZATION OF PRODUCT: The product is not reported to cause sensitization effects in humans after prolonged or repeated exposures. REPRODUCTIVE TOXICITY INFORMATION: Listed below is information concerning the effects of this product and its components on the human reproductive systems. Mutagenicity: This product is not reported to produce mutagenic effects in humans. Embryotoxicity: This product is not reported to produce embryotoxic effects in humans. Teratogenicity: This product is not reported to cause teratogenic effects in humans Reproductive Effects: This product in not reported to cause reproductive effects in humans. ACGIH BIOLOGICAL EXPOSURE INDICES (BEIs): Currently, there are no ACGIH Biological Exposure Indices associated with the components of this product. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: Skin disorders may be aggravated by exposure to this product. Overexposures to dusts of this product may aggravate respiratory conditions. RECOMMENDATIONS TO PHYSICIANS: Treat symptoms and eliminate overexposure. Page 4 of 7 95 z Gil Safety Data Sheet CobraTMRod DATE OF ISSUE AUG 3, 2015 Genics, inc. Revision 000 SECTION Ecological Information ALL WORK PRACTICES MUST BE AIMED AT ELIMINATING ENVIRONMENT CONTAMINATION. ENVIRONMENT STABILITY: In the environment, this compound will hydrate to form Disodium Octaborate Tetrahydrate. It will also release copper hydroxide and boric acid to the environment in the presence of water. EFFECT OF MATERIAL ON PLANTS OR ANIMALS: Refer to Toxicology Information for specific data on the product's effectiveness on test animals. This product is not known to be harmful to plants. This product is used specifically as a pesticide. r EFFECT OF CHEMICAL ON AQUATIC LIFE: Because this product is used as a pesticide, it may be harmful or fatal to exposed aquatic life, especially if released in large quantities. SECTION Disposal Considerations PREPARING WASTES FOR DISPOSAL: Waste disposal must be in accordance with appropriate U.S. Federal, State and local regulations or those of Canada and it's Provinces. This product, if unaltered by use, may be disposed of by treatment at a permitted facility or as advised by your local hazardous waste regulatory authority. U.S. EPA WASTE NUMBER: Not applicable to wastes consisting only if this product. PESTICIDE DISPOSAL: Pesticide wastes are considered to be acutely hazardous. Improper disposal of excess pesticide, spray mixture, or rinsate is a violation of Federal Law. If these wastes cannot be disposed of by use, according to the label instruction, contact the appropriate U.S. States Pesticide or Environment Control Agency, the Hazardous Waste Representative at the nearest EPA Regional Office, or the offices of Environment Canada for guidance. CONTAINER DISPOSAL. If necessary, triple rinse (or equivalent), then offer the container for recycling or reconditioning. Alternatively, puncture the container and dispose of in a procedure approved by local authorities. SECTION Transportation • • This material is not deemed hazardous as defined by the 49 CFR 172.101 by the U.S. Department of Transportation. PROPER SHIPPING NAME: Not Applicable HAZARD CLASS NUMBER AND DESCRIPTION: Not applicable UN IDENTIFICATION NUMBER: Not applicable PACKING GROUP: Not applicable DOT LABEL(S): REQUIRED. Not applicable NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK NUMBER: Not applicable MARINE POLLUTANT: No component of this product is designated as a Marine Pollutant, per Appendix B to 49 CFR 172.101 • Not classified as dangerous goods under ADR or PGR regs. No special requirements necessary. In the event of a road accident, CobraTMRods should be collected in a suitable container (i.e. plastic bag) and returned to manufacturer, used according to label instructions, or disposed of according to disposal regulations. Page 5 of 7 96 cow- Safety Data Sheet CobraT"rRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. Revision 000 SECTION 15: Regulatory Information Canadian PMRA Pesticide Reg. # 25580 U.S. EPA Pesticide Reg. # 71653-2 Canadian federal regulations This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the SDS contains all the information required by the Controlled Products Regulations. US Federal regulations TSCA: All components are on the U.S. EPA TSCA Inventory List. Occupational Safety and Health Administration (OSHA) 29 CFR 1910.1200 hazardous No chemical CERCLA (Superfund) reportable quantity None Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard - NO Delayed Hazard - NO Fire Hazard - NO Pressure Hazard - NO Reactivity Hazard - NO Section 302 extremely hazardous substance NO Section 311 hazardous chemical NO Clean Air Act (CAA) Not regulated Clean Water Act (CWA) Per label storage and disposal instructions WHMIS classification Not Available ~..I;f Thin A. ,.t A ln-r -tom n ~J-j 4l L fn fhe Cfnfe of ralifnrnin to cause cancer, birth defects or other reproductive harm New Jersey - Right to Know Hazardous Substance List: Not listed Inventory name Country(s) or region Inventory name On inventory (yes/no)" Canada Domestic Substances List (DSL) Yes Canada Non-Domestic Substances List (NDSL) No United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) Page 6 of 7 97 Cold, Safety Data Sheet CobraTMRod DATE OF ISSUE AUG 3, 2015 Genics, Inc. Revision 000 • • Date of Issue: August 3, 2015 (Revision 000) Supersedes: None Prepared by: Genics Inc. Phone: (780) 962-1000 or Toll-free 1-877-943-6427 Fax: (780) 962-1052 Information contained in this SDS refers only to the specific material designated and does not relate to any process or use with any other materials. This information is furnished free of charge and is based on data believed to be reliable as of the date hereof. It is intended for use by persons possessing technical knowledge at their own discretion and risk. Since actual use is beyond our control, no guarantee expressed or implied and no liability is assumed by Genics Inc. in conjunction with the use of this information. Nothing herein is to be construed as a recommendation to infringe any patents. Page 7 of 7 98