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HomeMy WebLinkAbout2019-011 20190230 BB&A Environmental SERVICES AGREEMENT PROVIDER: BB&A Environmental CITY OF PROVIDER'S CONTACT: Jim A. Kooiman, PE ASHLAND 20 East Main Street ADDRESS: P.O. Box 40187 Ashland, Oregon 97520 Eugene, Oregon 97404 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: (541) 484-9484 ext. 116 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and BB&A Environmental, a domestic business corporation ("hereinafter "Provider"), for install 2 piezometers at Ashland Gun Club for groundwater monitoring, per compensatory wetland mitigation permit. 1. PROVIDER'S OBLIGATIONS 1.1 Provide install 2 piezometers at Ashland Gun Club for groundwater monitoring, per compensatory wetland mitigation permit as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 5: Agreement between the City of Ashland and BB&A Environmental • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. I 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $4,264.61 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $4,264.61 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. Page 2 of 5: Agreement between the City of Ashland and BB&A Environmental 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 12/31/2018, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Department Attn: Kaylea Kathol 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 I With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: BB&A Environmental Attn: Jim A. Kooiman, PE P.O. Box 40187, Eugene, Oregon 97404 Phone: (541) 484-9484 ext 116 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. Page 4 of 5: Agreement between the City of Ashland and BB&A Environmental 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider'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 Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: BB&A ENVI ON ENTAL (PROVIDER): By: By: -2, Signature Si ture ~ LG4 G 8Ra c%tJ 7 17,,., L` i yn~ N Printed Name Printed Name PU/ D 126-U7y.,L- rtAe i ps- PralGti~ A ee- Title GTitle 2-1 S&P Zo / e Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. i Page 5 of 5: Agreement between the City of Ashland and BB&A Environmental SUPORTING DOCUMENTS BB&A Environmental PROBING ESTIMATE Environmental & Geotechnical Drilling & Probing Services CLIENT: PROJECT LOCATION: City of Ashland - Public Works/Engineering Wetland Remediation/Mitigation 51 Winburn Way 555 Emigrant Creek Road Ashland, Oregon 97520 Ashland, Oregon Map & Tax Lot: 391E12-400 Attention: Kavlea Kathol, Proiect Manager Phone: (541) 552-2419 Cell: (541) 331-1144 Email: kavlea.kathol@ashland.or.us PROJECT ESTIMATE CODE: COA2018Q,O05.18P DESCRIPTION: T wo 121 1.5-inch dia. p' ometers to six (6) feet (screened from 1' to 6')., UNIT COST: QUANTITY EXTENSION TOTAL REQUIRED FEES/PROJECT ADMINISTRATION: Oregon Department of Water Resources (WRD) Start Card $258.75 / each 2 $517.50 Monitoring Well Report / each 2 Geotechnical Hole Report (first) $50.00 / each Geotechnical Hole Report (additional) $25.00 / each Preparation/Submittal of WRD Documents $100.00 / hour 1.50 $1.25 Proiect Administration/Management $145.00 / hour 0.50 $72.50 SUB-TOTAL: $591.25 PROJECT PREPARATION: Equipment/Toolinq Preparation $100.00 / hour 0.75 $75.00 Supplies/Loadinq $100.00 / hour 0.75 $75.00 SUB-TOTAL: $150.00 GEOPROBE INVESTIGATIVE SERVICES (Model 5400/Model 6600/Model 7822): Daily Rate of Model 420 $400.00 / day Hourly Rate of Model 420 (limited access) $100.00 / hour Daily Rate of Model 6600 or 7822 $400.00 / day Hourly Rate of Model 6600 or 7822 $100.00 / hour 1.00 $100.00 Operator Hourly Rate 0-man crew) $100.00 / hour Operator Hourly Rate (2-man crew) $200.00 / hour 1.00 $200.00 Site Preparation/Movinq/Standbv $200.00 / man-hour Temp. Well Construction/Groundwater Sampling $200.00 / man-hour Well Construction $200.00 / man-hour 2.00 $400.00 Well Guard Post Installation $200.00 / man-hour Groundwater Samplinq $200.00 / man-hour Probe Hole Abandonment $200.00 / man-hour Site and Equipment Cleanup/Decontamination $200.00 / man-hour 0.50 $100.00 Additional Labor (per laborer) $100.00 / man-hour SUB-TOTAL: $800.00 I PROJECT ESTIMATE CODE: COA20180905.18P Pape 2 DUAL TUBE 32 SAMPLING SYSTEM: UNIT COST: QUANTITY EXTENSION TOTAL DT 32 Liner 60" $6.64 / each Expendable Cutting Shoe 3.75" OD $41.72 / each SUB-TOTAL: DUAL TUBE 21 SAMPLING SYSTEM: DT 21 Liner 48" $5.46 / each Expendable Cutting Shoe $27.72 / each DT 21 End Caps (pair) $0.55 / each SUB-TOTAL- MACRO-CORE SAMPLING SYSTEM: MC PETG Liner 60" $3.70 / each 4.00 $14.80 MC PETG Liner 48" $3.20 / each MC Vinyl End Caps (pair) $0.70 / each SUB-TOTAL:- $14.80 SCREEN POINT 16 GROUNDWATER SAMPLER: SP 16 Sampler $10.60 /sample PVC Screen 10 Slot $42.00 / each Disposable PVC Screen 10 Slot $16.80 / each Expendable Drive Point $7.70 /each PVC Grout Plug $1.20 / each SUB-TOTAL- SCREEN POINT 15 GROUNDWATER SAMPLER: SP 15 Sampler $10.60 /sample PVC Screen 10 Slot $42.00 / each Disposable PVC Screen 10 Slot $16.80 / each Expendable Drive Point $7.70 / each PVC Grout Plug $1.20 / each SUB-TOTAL- PROJECT ESTIMATE CODE: COA20180905.181) Pape 3 UNIT COST: QUANTITY EXTENSION TOTAL CONSTRUCTION SUPPLIES: Bentonite - 3/8" Holeplua; 50# Ban $13.58 / each 1.00 $13.58 Filter Sand -10 X 20 Mesh; 50# Ban $16.52 / each 1.00 $16.52 Concrete - Ready Mix; 90# Bap $6.58 /each 4.00 $26.32 Asphalt -Cold Patch; 66#Ban $11.59 /each Well Screen, Flush Threaded 1"X 5', 0.020 slot $18.00 /each Well Casing, Flush Threaded 1" X 5' $14.00 / each 3/4" Threaded Well Cap $6.50 / each 1" Bottom Plug $15.00 / each Locking Cap/Plun $15.90 /each 2.00 $31.80 Padlock -2"Wide $15.90 /each 2.00 $31.80 Well Vault, 8"X 12" $123.72 / each 2.00 $247.44 Well Vault, 12"X 12" $172.84 / each Locking Monument Well Cover- 6" X 5' (Round stand pipe $121.90 / each Well Guard Posts - 3" X 6' $37.10 / each 1 1/2" Pre-Pack Well Supplies Risers X 5' $15.05 / each 2.00 $30.10 Filter Pack X 5' $133.00 / each 2.00 $266.00 Expendable Point $62.30 / each 2.00 $124.60 Bottom Plug $12.70 /each 2.00 $25.40 Concrete Mixer (includes t cubic yard of concrete) / day Concrete Mini-Load / load SUB-TOTAL $813.56 SAMPLING, CONSTRUCTION & DECONTAMINATION EQUIPMENT: Peristaltic Pump $35.00 /day Polyethylene Tubing, 3/8" $0.30 / foot Silicon Tubing, #24 $4.25 /foot Lead Filters $16.73 /each Jack Hammer (with bits) $94.00 / day Disposable Mini-Bailer (3/4") $10.60 / each Cut-OH Saw $32.00 / day Grout Pump $233.00 /day Decon Station (Trailer) $222.00 / day Matta $100.00 /day SUB-TOTAL* MISCELLANEOUS SERVICES: Well Development/Surpe $100.00 /hour Well Survey Two Man Crew $200.00 / hour Survey Equipment $85.00 / day Aquifer Characterization (Slue Test) Hydrogeologist $145.00 / hour Data Logger $190.80 /day Concrete Coring (cores by outside vendor- estimate) / each Each Additional / each SUB-TOTAL' MISCELLANEOUS MATERIALS: Barrels $86.00 /each Polyethlene Sheeting / roll Level C Protection $26.50 / hour Tvvek Suits / each Nitrile Gloves / each Respirator / day SUB-TOTAL' PROJECT ESTIMATE CODE: COA20180905.18P Page 4 MOBILIZATION, MILEAGE, AND PER DIEM: UNIT COST: QUANTITY EXTENSION TOTAL Mobilization Fee Operator $100.00 /hour Operator and helper $200.00 /hour 6.50 $1,300.00 Mileage Geoprobe $1.25 / mile 380.00 $475.00 Service Vehicle $1.25 /mile Per Diem No Overnight - Operator $60.00 /day No Overnight - Operator&helper $120.00 /day 1.00 $120.00 Overnight - Operator $190.00 /day Overnight - Operator and helper $380.00 / day SUB-TOTAL: $1,895.00 TOTAL: $4,264.61 TERMS AND CONDITIONS: The Client is responsible for identifying borehole and/or push probe location(s) and obtaining a complete utility locate. The Client is responsible for any and all consequential damages resulting from drilling or probing that strike or damage a utility which has not been properly identified. If drilling or probing services are performed in the area of an underground storage tank (UST), the Client is responsible for identifying the location, size, and orientation of the UST(s) and selecting the location of the borehole(s) and/or push probe(s). The client is responsible for any and all consequential damages resulting from drilling or probing that strike or damage a UST or ancillary equipment (e.g., vent or product line). The Client will be notified if subsurface conditions are encountered which are anticipated to result in damage, breakage, or loss of Geoprobe tooling (i.e., rods, samplers, etc.) and will be responsible for any additional costs to repair or replace any tooling damaged, broken, or lost due to unsuitable subsurface conditions if Pacific Northwest Drilling is directed to proceed subsequent to such notification. The Client agrees to extend any and all indemnifications granted by the property owner or responsible party if different or other than the Client to Pacific Northwest Drilling. The Client is responsible for the removal and disposal of any solid or liquid wastes. The costs presented herein should be considered as estimates only and are based on our present knowledge of the site. If site conditions are encountered that result in more time to complete proiect objectives (e.g., additional sites), charges will be adjusted to reflect actual units incurred. Terms will be net 10 days from the date of the invoice. A late charge of 1.5% will be charged monthly. This quotation is valid for 45 days from the following date: 9/5/2018 All work wil be completed by a licensed abd bonded Monitoring Well Constructor in accordance with Oregon Ground Water Law (ORS Chapter 537) and the Rules for the Construction, Maintenance, Alteration, Conversion, and Abandonment of Monitoring Wells, Geotechnical Holes, and Other Holes in Oregon (OAR Chapter 690, Division 240). Mont q Well Constructor Rob L. Bosse, License #10288 If the cost estimate presented above is acceptable, please sign and return one copy of this agreement; retain the other for your files. t r BB& N ONM NTAL/Principal CLIENT Jim f. Kooiman, E ,~c R CERTIFICATE OF LIABILITY INSURANCE F DAIEIMMDOWYY) 9/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polley(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brown & Brown Northwest NACONTACT ME: Patty Gaines 2701 NW Vau hn St, Ste. 340 PHONE 503-546.7215 FAC No: 503-274$524 Portland, OR 97210 EfAuC. No. Fall: AIAIL ADDRESS: aines®bbnw.oom INSURER(S) AFFORDING COVERAGE NAICS unumbbnw.com INSURERA: Starr Surplus Lines Insurance Company 13604 INSURED mSuRER B: Employers Mutual Casual Company 21415 Bergeson-Boese & Associates, Inc. BB&AEnvironmental INsImE1c: SAIFCorporation PO Box 40187 msURERD: Eugene OR 97404 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 44263375 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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. I~TR TYPEOFINSURANCE POLICY NUMBER MM1 OpYEFF MMNO UP LIMITS A COMMERCIAL GENERAL LIABILITY 1000069941181 41`3012018 4/302019 EACHOCCURRENCE $1000000 CLNMSbUDE OCCUR PREMISES Ee dcwrrence 550000 $2M Per Prclecl510M Max MED EXP(Any one Person) 310,000 PERSONAL&ADV INJURY S1000000 GENL AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE 52,000,000 POUCY EZI JECaT Flux; PRODUCTS-COMP,OPAGG $2000000 OTHER: 5 B AUTOMOBILELLUN ITY V 5X86249 4/3012018 4/30/2019 (~BINED I L MI S1,000,000 ANYAUTO BODILY INJURY (Perpen rn) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (PereOGdeN) 5 HIRED NONOWNED PROPERTY DAMAGE S AUTOS ONLY ALTOS ONLY Per ecddenl 5 A UMBRELLALIAB J occurs 1000337300181 4/302018 4130/2019 EACH OCCURRENCE 54000000 EXCESS LIAB CWMS-YADE AGGREGATE s4000000 DED .Y RETENTION S 10,000 S C WORXER9COMPENSATION 473858 11112018 1/1/2019 STATUTE ER ANDEMPLOYERTUABILITY YIN ANYPROPRIETORIPARTNERIECECUTIVE ❑ NIA E.LEACHACCIDENT S OFFICERIMEMBEREXCLUDEDT (Mandatoryln NN) E.L DISEASE-EA EMPLOYE S Ilyyes. describe under DESCRIPTION OF OPERATIONS WW E.L DISEASE -P000Y LIMIT 5 A Professional Liability 1000069941181 4/3012018 41302019 $1,000,000 Ea Occl$2,000,000 Agg Umit A Pollution Liability 1000069941101 4130/2018 4/302019 $1,000,000 Ea Occ/$2,000,000 Agg Umit B Leased or Rented Equipment 5X86249 4!302018 41302019 $350,000 Limit /$1,000 Deductible DESC"MONOFOPERMIONSILOCAnONSl VEHICLES (ACORD 101, Additional Remarks Schedule, may bo adachad If mom space is required) RE: All Operations Blanket Additional Insured, Wavier of Subrogation and Primary and Non Contributory for General Liability and Automobile Uability Per Attached Endorsement SL 023 f6/11) & CA7450 (11/17) General Liability Deductible $5,000 Per Occurrence, Professional Deductible $10,000 Per Claim & Pollution Deductible $10,000 Per Occurrence CERTIFICATE HOLDER CANCELLATION RE Al Operations City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Off THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Its, icers, agents, and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPILESENTAINE 11/ Nate Spero ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 44363375 1 1e-19 ALL C emges I Patty Gainea 1 9/1e/2010 8,55n9 eR (PDT) I Palo 1 or 7 *Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066941181 Effective Date: April 30, 2018 at 12:01 A.M. Named Insured: Bergeson-Boese & Associates, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of 'your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to 'bodily injury" or 'property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The tens insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Steve Blakey, Presi nt Nehemiah E. Ginsburg, Genera 'Counsel SL 023 (06111) Page 1 of 1 Copyrlghtm C. V. SUIT & Company and St9m Surplus Unes Insurance Company. All rlghte reserved. Includes copyrighted material er ISO Properties, Inc., used vdth Its permission. 44263375 1 18-19 All Coverages I Patty Gaines 19/18/1018 x:55:19 AM (emr) I Page 2 of 7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL C. EMPLOYEES AS INSUREDS DAMAGE The following is added to the Section II - Covered Section I - Covered Autos Paragraph C. Certain Autos Liability Coverage, Paragraph A.I. Who Is Trailers, Mobile Equipment, and Temporary An Insured provision: Substitute Autos is amended by adding the Any "employee" of yours is an "insured" while using following: a covered "auto" you don't own, hire or borrow in If Physical Damage Coverage is provided by this your business or your personal affairs. coverage form for an "auto" you own, the Physical D. EMPLOYEE HIRED AUTOS Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own 1. Changes In Covered Autos Liability while used with the permission of its owner as a Coverage temporary substitute for the covered "auto" you The following is added to the Who Is An own that is out of service because of breakdown, Insured provision: repair, servicing, "loss" or destruction. An "employee" of yours is an "insured" while The coverage provided is the same as the operating an "auto" hired or rented under a coverage provided for the vehicle being replaced. contract or agreement in an "employee's" B. AUTOMATIC ADDITIONAL INSUREDS name, with your permission, while performing duties related to the conduct of your business. The Who Is An Insured provision under Covered 2. Changes In General Conditions Autos Liability Coverage is changed to include the following as an "insured": Paragraph 5.b. of the Other Insurance 1. Where Required by a Contract or Agreement Condition in the Business Auto Coverage Form the following is added: is replaced by the following: The Who Is An Insured provision contained in the For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" Business Auto Coverage Form is amended to you own: add the following: a. Any covered "auto" you lease, hire, rent or Any person or organization whom you become borrow; obligated to include as an additional insured under and this policy, as a result of any contract or agreement b. Any covered "auto" hired or rented by your you enter into which requires you to furnish "employee" under a contract in an insurance to that person or organization of the type "employee's" name, with your permission, provided by this policy, but only with respect to while performing duties related to the liability covered by the terms of this policy, arising conduct of your business. out of the use of a covered "auto" you own, hire or However, any "auto" that is leased, hired, rented or borrow and resulting from the acts or omissions by borrowed with a driver is not a covered "auto". you, any of your "employees" or agents. The E. NEWLY FORMED OR ACQUIRED insurance provided herein will not exceed: ORGANIZATIONS (1) The coverage and/or limits of this policy, or Section II - Covered Autos Liability Coverage, (2) The coverage and/or limits required by said A.I. Who Is An Insured is amended by adding the contract or agreement, following: whichever is less. CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. With Its permission. Page 1 of 5 44363375 18-19 All Coverages I Patty Gaines 1 9/18/2018 8:55:19 AM (PUT) I Page 3 of 7 Any organization which you acquire or form after I. TOWING the effective date of this policy in which you Section III -Physical Damage Coverage, A.2. maintain ownership or majority interest. However: Towing is replaced with the following: (1) Coverage under this provision is afforded only We will pay for towing and labor costs incurred, up to 180 days after you acquire or form the subject to the following: organization, or to the end of the policy period, whichever is earlier. a. Up to $100 each time a covered 'auto" of the (2) Any organization you acquire or form will not be private passenger type is disabled; or considered an 'insured" if: b. Up to $500 each time a covered "auto" other (a) The organization is a partnership or a joint than the private passenger type is disabled. venture; or However, the labor must be performed at the place (b) That organization is covered under other of disablement. similar insurance. J LOCKSMITH SERVICES (3) Coverage under this provision does not apply Section III - Physical Damage Coverage, A.4. to any claim for "bodily injury" or 'property Coverage Extensions is amended by adding the damage" resulting from an "accident" that following: occurred before you formed or acquired the We will pay up to $250 per occurrence for organization. necessary locksmith services for keys locked inside F. SUBSIDIARIES AS INSUREDS a covered private passenger "auto". The Section II - Covered Autos Liability Coverage, deductible is waived for these services. A.I. Who Is An Insured is amended by adding the K. TRANSPORTATION EXPENSES following: Section III - Physical Damage Coverage, A.4. Any legally incorporated subsidiary in which you Coverage Extensions Subparagraph a. own more than 50% of the voting stock on the Transportation Expenses is replaced by the effective date of this policy. However, 'insured" following: does not include any subsidiary that is an 'insured". (1) We will pay up to $75 per day to a maximum of under any other automobile liability policy or was an $2,500 for temporary transportation expense "insured" under such a policy but for termination of incurred by you because of the total theft of a that policy or the exhaustion of the policy's limits of covered "auto" of the private passenger type. liability. We will pay only for those covered "autos" for G. SUPPLEMENTARY PAYMENTS which you carry either Comprehensive or Section II - Covered Autos Liability Coverage, Specified Cause Of Loss Coverage. We Will A.2.a. Coverage Extensions, Supplementary pay for temporary transportation expenses Payments (2) and (4) are replaced by the incurred during the period beginning 48 hours following: after the theft and ending, regardless of the policy's expirations, when the covered 'auto" is (2) Up to $5,000 for cost of bail bonds (including returned to use or we pay for its "loss". bonds for related traffic law violations) required (2) If the temporary transportation expenses you because of an "accident" we cover. We do not incur arise from your rental of an "auto" of the have to furnish these bonds. private passenger type, the most we will pay is (4) All reasonable expenses incurred by the the amount it costs to rent an "auto of the "insured" at our request, including actual loss of private passenger type which is of the same earnings up to $500 a day because of time off like kind and quality as the stolen covered from work, auto". H. FELLOW EMPLOYEE COVERAGE L. AUDIO, VISUAL, AND DATA ELECTRONIC In those jurisdictions where, by law, fellow EQUIPMENT COVERAGE ADDED LIMITS employees are not entitled to the protection Audio, Visual, And Data Electronic Equipment afforded to the employer by workers compensation Coverage Added Limits of $5,000 Per "Loss" are in exclusivity rule, or similar protection. The following addition to the sublimit in Paragraph C.1.b. of the provision is added: Limits Of Insurance provision under Section III - Subparagraph 5. of Paragraph B. Exclusions in Physical Damage Coverage. Section II - Covered Autos Liability Coverage M. HIRED AUTO PHYSICAL DAMAGE does not apply if the "bodily injury" results from the Section III - Physical Damage Coverage, AA. use of a covered "auto" you own or hire. Coverage Extensions is amended by adding the following: CA7450(11-17) Includes copyrighted material of I50 Properties, Inc. with its permission. Page 2 of 5 44363305 10-19 All Coverage. I Paley Gaines 19(19/2010 8255:19 M (PBS) I Page 4 Of 7 If hired "autos" are covered "autos" for Liability O. PERSONAL PROPERTY OF OTHERS Coverage, and if Comprehensive, Specified Section III - Physical Damage Coverage, A.4. Causes of Loss, or Collision coverage is provided Coverage Extensions is amended by adding the for any "auto" you own, then the Physical Damage following: coverages provided are extended to "autos" you We will pay up to $500 for loss to personal property hire, subject to the following limit and deductible: of others in or on your covered "auto." (1) The most we will pay for loss to any hired " This coverage applies only in the event of "loss" to auto" is the lesser of Actual Cash Value or your covered "auto" caused by fire, lightning, Cost of Repair, minus the deductible. explosion, theft, mischief or vandalism, the covered (2) The deductible will be equal to the largest "auto's" collision with another object, or the covered deductible applicable to any owned "auto" for "auto's" overturn. that coverage. No deductible applies to "loss" No deductibles apply to this coverage. caused by fire or lightning. P. PERSONAL EFFECTS COVERAGE (3) Subject to the above limit and deductible provisions, we will provide coverage equal to Section III - Physical Damage Coverage, A.4. the broadest coverage applicable to any Coverage Extensions is amended by adding the covered "auto" you own. following: We will pay up to $1,000, in addition to the limit We will pay up to $500 for "loss" to your personal above, for loss of use of a hired auto to a effects not otherwise covered in the policy or, if you leasing or rental concern for a monetary loss are an individual, the personal effects of a family sustained, provided it results from an "accident" member, that is in the covered auto at the time of the for which you are legally liable. "loss". However, any "auto" that is leased, hired, rented or For the purposes of this extension personal effects borrowed with a driver is not a covered "auto". means tangible property that is wom or carried by an insured including portable audio, visual, or electronic N. AUTO LOAN OR LEASE COVERAGE devices. Personal effects does not include tools, Section III - Physical Damage Coverage jewelry, guns, money and securities, or musical Paragraph A.4. Coverage Extensions is amended instruments by the addition of the following: Q. EXTRA EXPENSE FOR STOLEN AUTO In the event of a total "loss" to a covered "auto" Section III - Physical Damage Coverage, A.4. which is covered under this policy for Coverage Extensions is amended by adding the Comprehensive, Specked Cause of Loss, or following: Collision coverage, we will pay any unpaid amount We will pay up to $1,000 for the expense incurred due, including up to a maximum of $500 for early returning a stolen covered "auto" to you because of termination fees or penalties, on the lease or loan the total theft of such covered "auto". Coverage for a covered "auto", less: applies only to those covered "autos" for which you 1. The amount paid under the Physical Damage carry Comprehensive or Specified Causes Of Loss Coverage Section of the policy; and Coverage. 2. Any: R. RENTAL REIMBURSEMENT a. Overdue lease/loan payments at the time Section III - Physical Damage Coverage, A.4. of the "loss"; Coverage Extensions is amended by adding the b. Financial penalties imposed under a lease following: for excessive use, abnormal wear and tear 1. This coverage applies only to a covered "auto" for or high mileage; which Physical Damage Coverage is provided on this policy. c. Security deposits not returned by the 2. We will pay for rental reimbursement expenses lessor; incurred by you for the rental of an "auto" d. Costs for extended warranties, Credit Life because of "loss" to a covered "auto". Payment Insurance, Health, Accident or Disability applies in addition to the otherwise applicable Insurance purchased with the loan or lease; amount of each coverage you have on a covered and "auto". No deductibles apply to this coverage. e. Carry-over balances from previous loans or 3. We will pay only for those expenses incurred leases. during the policy period beginning 24 hours Coverage does not apply to any unpaid amount after the "loss" and ending, regardless of the due on a loan for which the covered "auto" is not policy's expiration, with the lesser of the the sole collateral. following number of days. I CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 14263375 18-19 All Coverages I Patty Gaines 1 9/18/2018 8:55:19 AM (PGT) 1 Page 5 of 7 a. The number of days reasonably required to For the purposes of this coverage extension a new repair or replace the covered "auto". If covered auto is defined as an "auto" of which you are "loss" is caused by theft, this number of the original owner that has not been previously titled days is added to the number of days it which you purchased less than 180 days prior to the takes to locate the covered "auto" and date of loss, return it to you; or U. LOSS TO TWO OR MORE COVERED AUTOS b. 30 days. FROM ONE ACCIDENT 4. Our payment is limited to the lesser of the Section III - Physical Damage Coverage, D. following amounts: Deductible is amended by adding the following: a. Necessary and actual expenses incurred; If a Comprehensive, Specified Causes of Loss or or Collision Coverage "loss" from one "accident" involves b. $75 per day, subject to a $2,250 limit, two or more covered "autos", only the highest deductible applicable to those coverages will be 5. This coverage does not apply while there are applied to the "accident". spare or reserve "autos" available to you for If the application of the highest deductible is less your operations. favorable or more restrictive to the insured than the 6. If "loss" results from the total theft of a covered separate deductibles as applied in the standard form, "auto" of the private passenger type, we will the standard deductibles will apply. pay under this coverage only that amount of This provision only applies if you carry your rental reimbursement expenses which is Comprehensive, Collision or Specified Causes of not already provided for under the Physical Loss Coverage for those vehicles, and does not Damage - Transportation Expense Coverage extend coverage to any covered "autos" for which you Extension included in this endorsement. do not carry such coverage. 7. Coverage provided by this extension is excess V. WAIVER OF DEDUCTIBLE - GLASS REPAIR OR over any other collectible insurance and/or REPLACEMENT endorsement to this policy. Section III - Physical Damage Coverage, D. S. AIRBAG COVERAGE Deductible is amended by adding the following: Section III - Physical Damage Coverage, B.3.a. If a Comprehensive Coverage deductible is shown in Exclusions is amended by adding the following: the Declarations it does not apply to the cost of If you have purchased Comprehensive or Collision repairing or replacing damaged glass. Coverage under this policy, the exclusion relating to W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, mechanical breakdown does not apply to the SUIT, OR LOSS accidental discharge of an airbag. Section IV - Business Auto Conditions, A.2 T. NEW VEHICLE REPLACEMENT COST Duties In The Event Of Accident, Claim, Suit Or The following is added to Paragraph C. Limit Of Loss is amended by adding the following: Insurance of Section III - Physical Damage Your obligation to notify us promptly of an "accident", Coverage claim, "suit" or "loss" is satisfied if you send us the In the event of a total "loss" to your new covered auto required notice as soon as practicable after your of the private passenger type or vehicle having a Insurance Administrator or anyone else designated by gross vehicle weight of 20,000 pounds or less, to you to be responsible for insurance matters is notified, which this coverage applies, we will pay at your or in any manner made aware, of an "accident', claim, option: "suft" or "loss". a. The verifiable new vehicle purchase price you X. WAIVER OF TRANSFER OF RIGHTS OF paid for your damaged vehicle, not including any RECOVERY insurance or warranties. Subparagraph 5. of Paragraph A. Loss Conditions b. The purchase price, as negotiated by us, of a of Section IV - Business Auto Conditions is new vehicle of the same make, model, and deleted in its entirety and replaced with the following. equipment, or most similar model available, not Transfer Of Rights Of Recovery Against Others including any furnishings, parts, or equipment not To Us installed by the manufacturer or their dealership. If any person or organization to or for whom we c. The market value of your damaged vehicle, not make payment under this Coverage Form has including any furnishings, parts, or equipment not rights to recover damages from another, those installed by the manufacturer or their dealership. rights are transferred to us. That person or We will not pay for initiation or set up costs associated organization must do everything necessary to with a loans or leases. secure our rights and must do nothing after "accident" or "loss" to impair them. CA7450(11-17) Includes copyrighted material of ISO Properties, Inc, with its permission. Page 4 of 5 06263375 1 16-19 All coverages i Patty Gaines 1 9/18/2018 8:55:19 art (PGi) i Page 6 or 7 However, we waive any right of recovery we may Z MENTAL ANGUISH have against any person, or organization with Section V - Definitions, C. is replaced by the whom you have a written contract, agreement or following: permit executed prior to the "loss" that requires a "Bodily injury" means bodily injury, sickness or waiver of recovery for payments made for damages disease sustained by a person, including mental with arising such out person your or operations done under contract anguish or death resulting from bodily injury, sickness per organization. or disease. Y. UNINTENTIONAL FAILURE TO DISCLOSE AA. LIBERALIZATION EXPOSURES If we revise this endorsement to provide greater Section IV - Business Auto Conditions, B.2. coverage without additional premium charge, we will Concealment, Misrepresentation, Or Fraud is automatically provide the additional coverage to all amended by adding the following: endorsement holders as of the day the revision is If you unintentionally fail to disclose any exposures effective in your state. existing at the inception date of this policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. CA7450(11-17) Includes copyrighted material of I50 Properties, Inc. With its permission. Page 5 of 5 46163375 116-19 All Co Ceage9 I Patty Gaines 9/10/3018 8:55:19 AM (PDT) I Page 7 of 7 Purchase Order Fiscal Year 2019 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. L ATTN: Accounts Payable 20 E. Main Purchase L Ashland, OR 97520 Order # 20190230 T Phone: 541/552-2010 O Email: payable a& shland.or.us V S C/O Public Works Department E BB&A ENVIRONMENTAL H 51 Winburn Way N 32986 ROBERTS CT P Ashland, OR 97520 D COBURG, OR 97408 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number Requisition Number Delivery Reference Paula Brown Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 10/02/2018 4116 FOB ASHLAND OR/NET30 City Accounts Pa able Item# Descri tion/PartNo QTY UOM Unit Price Extended Price Installation of Piezometers 1 Description of Services: 1 $4,264.6100 $4,264.61 Install 2 piezometers at Ashland Gun Club for groundwater monitoring, per compensatory wetland mitigation permit. Contract Name: Services Agreement for install 2 piezometers at Ashland Gun Club for groundwater monitoring, per compensatory wetland mitigation permit. Terms of Contract: Effective Date: 9/21/18 Completion Date: 12/30/18 Project Account: E-200907-999 GL SUMMARY 030022 - 704200 $4,264.61 Date: d Authorize Sd Ignature PO Total $4,264.61 1 J F6RM#3 CITY OF ASHLAND J REQUISITION Date of request: 09/17/2018 Vendor Name BB&A Environmental Address, City, State, Zip P.O. Box 40187, Eugene Oregon 97404 Contact Name jakooiman bbaenv com Telephone Number (541) 484-9484 ext 116 Email address jakooiman(abbaenv.com SOURCING METHOD ❑ Exempt from Competitive Biddinq ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 -(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached If council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract # GOODS & SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than $5,000 and less than $100,000 ❑ Sole Source Agency ❑ (3) Written quotes and solicitation attached ❑ Applicable Form (#5,6, 7 or 8) Contract # PERSONAL SERVICES Intergovernmental Agreement ❑ Written quote or proposal attached Form Agency Greater than $5,000 and less than $75,000 ❑ Form #4, Personal Services >$5K & <$75K ❑ Direct appointment not to exceed $35,000 ❑ Annual cost to City does not exceed $25,000. ❑(3) Written proposals/written solicitation ❑ Special Procurement Agreement approved by Legal and approved/signed by ❑ Form #4, Personal Services >$5K & <$75K ❑ Form #9, Request for Approval City Administrator. AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: E] Annual cost to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost Install 2 piezometers at Ashland Gun Club for groundwater monitoring, per compensatory wetland $ 4,264.61 mitigation permit Item # Quantity Unit Description of MATERIALS Unit Price Total Cost © Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 2009-07 Account Number 030022 704200 _ s 4264.61 Project Number Account Number Project Number Account Number IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. , IT Director Date Support -Yes /No nn d f Z-~ d Employee: li Department Head: 5 7.6 l ° (Equal to or greater than $5,000) Department Manager/Supervisor: City Administratort/ (Equal to or greater than $25,000) / NO Funds appropriated for current fiscal year., e;iY ance Direct 2t- qual to or greater than $5, 000) Date Comments: I Form #3 - Requisition