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2019-017 20190277 Liquivision Technology
SERVICES AGREEMENT PROVIDER: Liquivision Technology Incorporated CITY OF PROVIDER'S CONTACT: Sherri Trigg -ASH LAN D 20 East Main Street ADDRESS: 711 Market Street Ashland, Oregon 97520 Klamath Falls, OR 97601 Telephone: 541/488-5587 PHONE: (800) 229-6959 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Liquivision Technology Incorportated, a domestic business corporation ("hereinafter "Provider"), for cleaning and inspection of Ashland's Fallon Reservoir using potable water equipment and methods compliant with ANSI/NSF 61 and all applicable AWWA standards. 1. PROVIDER'S OBLIGATIONS 1.1 Provide cleaning and inspection of Ashland's Fallon Reservoir using potable water equipment and methods compliant with ANSUNSF 61 and all applicable AWWA standards 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 Page 1 of 5: Agreement between the City of Ashland and Liquivision Technology Incorporated • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • 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.I 10. I 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. 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 twenty eight hundred and zero cents ($2,800.00) 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 twenty eight hundred and zero cents ($2,800.00) 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 Liquivision Technology Incorporated 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written quotation dated 10/30/2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. Page 3 of 5: Agreement between the City of Ashland and Liquivision Technology Incorporated 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 December 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: Steve Walker 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5353 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Liquivision Technology Incorporated Attn: Sherri Trigg 711 Market Street Klamath Falls, OR 97601 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. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: Page 4 of 5: Agreement between the City of Ashland and Liquivision Technology Incorporated 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: LIQUI N TECHNOLOGY INCORPORATED (PROVIDER): By: ) ~444&~ By: Signature ignature G ~ ✓ C , Printed Name Printed Name Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. 7 Page 5 of 5: Agreement between the City of Ashland and Liquivision Technology Incorporated Supporting Documents LiQUiViSiON TECHNOLOGY DIVING SERVICES Office hlailirg Address Phone: =0O u9-e9t9 Fax: ;E41j 333-1381 western Operaticr; 711 N1srs:et Street IiguivisionQdivingservioes.wm 335 Market Street Klamath Falls, OR 97801 wwv.divingservioes.com Klamath Falls, OR 9'B01 Steve Walker 10/30/2018 City of Ashland Wk: (541) 552-2326 90 N Mountain Ave. Ashland, OR 97520 'OR643218r1 T_ We are pleased to provide you the following firm quotation and outline of the conditions of our services. Tank Type Dia. Hgt. Maximum Surface Price for Price for Price for or (Feet) Calculated Area Diver Diver Additional I-xW Capacity (S. F.) Inspection Cleaning & Sediment (Feet) (Gallons) Only Inspection Per Hour Mobilization Charge - Flat charge to mobilize and demobilize to your location. $450 $430 1. Fallon Reservoir I OG Concrete 59 ! 27 500,000 $2,250 Flat rate for additional hose $350 Flat rate for sprinklers $200 i Subtotal $3,250 Mobilization fee discount ($450) Total 'Plus sales tax if applicable $2,800 Scope of Work: Removal of accumulated sediment from the floor of the tank. The effluent will be disposed of at the districts direction. A final and comprehensive inspection will be performed documenting the condition of the entire structure and recorded on DVD. Written documentation with digital pictures, descriptions of the images and any recommendations will be provided to the district on a USB flash drive. Our bids are based on a variety of factors that pertain to the length of time it takes to accomplish our work. The main consideration is the amount of sediment that has to be removed, 4" of normal sediment is included in this bid. Initials Please initial the line items below to verity that you have reviewed them. Entry hatch on top of the tank is at least 18" dlameter(If divers cannot enter minimum charges will apply The water level is kept within ten (10) feet of the top of the tank. Tank dimensions are correct. Scope of work is correct. 1. Placement and disposal of effluent removed from the tank is done at the direction of the Customer. 2. Quotes for cleaning assume that the sediment is normal material (such as silt, flocculated material, insects, manganese, rust, etc.) found in potable water tanks that is easily removed by our vacuum system. If the sediment is difficult to remove such as large amounts of concrete chips, gravel, sand, rocks, detached coating debris, etc., then our hourly rate shall apply for each hour (over the first hour) for removing this material. 711 Market Street Klamath Falls, OR 97601 y Fax: (541) 883-1361 LiQuIVISION TECHNOLOGY Phone: (541) 883-6473 3. Unless specified in quote detail we clean all submerged horizontal and angled berms or sloped surfaces 35 degrees or less. Surfaces exceeding this angle such as the walls can be cleaned but must be listed separately in the quote detail or estimated by the divers upon inspection. We do not clean surfaces that are out of the water. 4. If any information provided to us is incorrect or if any problems exist that inhibit our ability to complete the job on a timely schedule, then we will notify you of the problem and reserve the right to add on to the quote based on our estimate of the additional time it will take to complete the work. Charges for time delays are $200 per hour. This paragraph only applies to any problems that are your responsibility (i.e. rescheduling with less than 2 business days notice, set up and start of work before cancellation, etc.) Charge for going remote (if required and not addressed in advance) is $430 per hour. 5. For coating repair in steel tanks we use a two part underwater epoxy. Each rust nodule or area of coating defect is wire brushed to bare metal and epoxy is applied over the area. The epoxy chemically bonds to the steel, displaces water, and remains intact with a greater bond than the original coating. All of our repair, sealing and coating materials meet or exceed NSF 60 & 61 standards. Repairs are done at the districts direction for the rate of $430 per hour and $35 per tube of Manus or epoxy. 6. If dechlorination is required it will be charged at $15.00 per hour. If filtration is required then the filter bags will be charged at $200.00 per bag. Unless specified LVT does not remove the bags they become the districts responsibility to dispose of. 7. If payment is not made within sixty days of the date of the invoice, an interest charge of 3% shall begin to accrue each month on the unpaid balance. This interest will continue to accrue each month until the balance is paid in full. To avoid any interest charges, payment must be received or postmarked within the sixty days following the date of the invoice. Statements will be sent each month to reflect the new balance. Final pricing may be adjusted to reflect prevailing wage requirements if it is not determined before job outset. Our cleaning procedure is accomplished utilizing our proprietary vacuum cleaner, the "LiquiVacTM" (Patented). The LiquiVacTM pumps an average of 200 gallons per minute. It has a rotating soft bristle brush that scrubs the floor clean and removes all sediment without creating turbidity in your tank. This is the only way to ensure that all biofilm is removed from the interior surfaces without getting any of it mixed into the water column. This system also enables us to clean walls. In a conscious effort to preserve our nations natural resources LVT will provide our reports to the district on USB flash drives. If you require a printed and bound copy of the reports please notify our office staff. There will be an additional fee of $125 per copy. In over 20 years of providing diving services we continue to treat every customer as if they were our only customer. We are dedicated to accomplishing every job with the utmost professionalism, safety and efficiency. Please sign this quote and FAX both pages back to us with an approximate time frame of when you would like the work done. If you have any questions please give us a call. We look forward to working with you. Quote is valid for 90 days. Upon signature the work shall be accomplished at a mutually acceptable date within one year. Sincerely, I find the above and preceding page of contingencies and procedures acceptable. Accepted by: Date: John N Bowers Sales/Financial Mgr. Signature: Title: 711 Market Street Klamath Falls, OR 97601 LQUIVISION TECHNOLOGY Phone: (541) 883-6473 l Fax: (541) 883-1361 Billing/Change Order/Estimate Form Steve Walker 10/30/2018 City of Ashland Wk: (541) 552-2326 90 N Mountain Ave. walkers@ashland.or.us Ashland, OR 97520 'OR643218r1 T_ Team Leader: Diver #1. Diver #2: Diver #3: Tank Type Dia. Hgt. Maximum Surface Price for Price for Date or (Feet) Calculated Area Diver Diver Work LxW Capacity (S. F.) Inspection Cleaning & Done (Feet) (Gallons) Only Inspection Mobilization Charge - Flat charge to mobilize and demobilize to your location. $450 1. Fallon Reservoir OG Concrete 59 27 500,000 $2,250 11 Flat rate for additional hose $350 Flat rate for sprinklers $200 I Subtotal $3,250 Mobilization fee discount ($450) Total 'Plus sales tax if applicable $2,800 Itemize work: Time or Quantity: Extended: Sales Tax if any: Total Authorization Signature: Estimation of cost for recommendations that LVT can erform. Recommendations: Estimated Labor Total Estimate Total DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 CONTACT NAME: Matt L Hurley Great Basin Insurance PHNE PO Box 69 A/Q No Ext: - (541) 882-5507 (FAA/C,No): E-MAIL hurle r8basin.com Klamath Falls OR 97601 ADDRESS: matt. _ Y@g INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: LM Insurance Corp 33600 INSURED (541) 663-6473 INSURER B:StarStone National Insurance C 25496 Liquivision Technology Inc. and Arrow Manufacturing Inc. INSURERC:We_at American Insurance Com an 44393 711 Market St. INSURER D: Great American Insurance Group 16691 Klamath Falls OR 97601 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 4106 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF I POLICY EXP LIMITS LTR TYPE OF INSURANCE WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY D X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR y OME2205785 09/01/2018 09/01/2019' PREMISES Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5, 000_ X Limited Pollution-1M OMH2205785 109/01/2018 09/01/2019 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY 1:71 JECT PRO LOC PRODUCTS - COMP/OPAGG $ 1,000,000 - El OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) C X ANY AUTO Y BAW57943787 08/01/2018 08/01/2019' BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ J HIRED NON-OWNED 'i PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLA LIAB X OCCUR 44639E160AMA 09/01/2018 09/01/2019 EACH OCCURRENCE $ 51000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ 51000,000 i__T..._. - DED RETENTION $ $ ER - A AND EMPSLOYYERSERS''LI LIAABILITLITY YIN WC5-39S-319580-028 10/01/2018 10/01/2019 X STATUTE EERH AND EMP ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A I(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE, $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below j E.L. DISEASE -POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland, Oregon is an additional insured per the attached policy endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Ave. AUTHORIZED REPRESENTATIVE Ashland OR 97520 / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 03 ' 08/28/2018 ' OMH 2205785 03 Great American Insurance Company 0161456 GAI 2391 (Ed. 06 16) MARINE COMMERCIAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT We agree that this policy shall include as Additional Insureds any person or organization to whom the Named Insured has agreed by written contract or written agreement to provide coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to an "occurrence": 1. Otherwise covered by this policy; and 2. That occurred subsequent to the making of such written contract or written agreement. All other terns and conditions of this policy remain unchanged. GAI 2391 (Ed. 06116) (Page 1 of 1) COMMERCIAL AUTO CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement nuldiees Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modlfied by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 16 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION 11- LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION 11- LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "Insured" does not include any organbution that: (1) Is a partnership or joint venture; or (2) Is an Insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. a. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Uberty Mutual Insurance Company. An rialto reserved. CA 8810 01 10 includes copyrighted material of Insurance Smrhoes office Inn, with ks Permhahon. Page 1 of 7 (2) If the Limits of Insurance of any other Insurance policy have been exhausted; or • (3) To "bodily Injury" or "property damage" that occurred before you acquired or fanned the organization. Z EMPLOYEEBASINSUREDS SECTION 11- LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for sets within the scope of their employment by you. Insurer= provided by this endorse- ment Is excess over any other Insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement In that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other Insurance available to the "employee". a ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11- LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is emended to include the following as an Insured: IL Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization he" agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "Insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto M Only for "bodfly Injury" or "property damage" caused by an "accident" which takes piece after you executed the written contract or agreement, or the permit has been issued to yaw and (3) Only for the duration of that oontract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION 11- LIABILITY COVERAGE, Coverage (extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (E) Up to $3.000 for cost of ball bonds (Including bonds for related trafflc violations) required because of an "soddent" we cover. We do not have to fumish these bonds. (4) All reasonable expenses Incurred by the Insured at our request; including actual loss of earn- Ingo up to Ma day because of time offfrom work. !L AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provislon is added: SECTION 11- LIABILITY, oWuslon B.B. FELIAW EMPLOYEE does not apply if the "bodily Injury" results from the use of a covered "auto" you own or hire. SECTION EI - PHYSICAL DAMAGE COVERAGE is amended as follows: 8. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III - PHYSICAL. DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liabltity Coverage, and if Comprehensive, Specified Causes of Lose or Collision coverage are provided under the Suainess Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or Kot a Liberty Mueuet to Mr" Cwtpepy. M rtafft reserved. CA SS W 01 10 taotudes e0W totaed nuNdel of taturerwe Services ONO& tea, wuh IM pammkg0rj. Page 2 of 7 Is. Your "employee" hires or rants under a written contract or agreement in that "employee's" name, but only if the damage occum while the vehicle is being used In the conduct of your business, subject to the following limit and deductible: A. The most we wilt pay for "loss" In any one "accident" or "loss" is the arrmllest of: (1) $BOA=, or (2) The actual cash value of the damaged or stolen property as of thetine of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", via will also cover the actual loss of use of the hired "auto" If it results from an "accidaW, you are legally liable and the lessor incurs an actual financial loss. E This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver, or (1) Any "auto" that is hired, rented or borrowed frorn your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" In which the cost of repairs plus the selvage value exceeds the actual cash value. 7 TOWIKG AND LABOR SECTION ill - PHYSICAL. DAMAGE COVERAGE, paragraph" Towing, is amended by the addition of the following: We will pay towing and labor costs Incurred, up to the limb shown below, each time a covered "auto" clessified and rated as a private passenger type, "light truck" or "medium truW is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light truths" are trucks that have a grass vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150par disablement. "Medium trucks" aretrud:8 that have a gross vehicle weight (GVW) of 1%001-20,OL10 pounds. However, the labor must be performed at the pine of disablement. A. PHYSICALDAMAGE-ADDITIONAL TRAN11PORTAT11ON EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a Omit of $50 per day and a maximum limit of $1.500 QUID LWerty Mmal rnsurame compoy. All debts rower". CA 8610 0110 ftWades oonftftd maeedd of hm mrm Swvkn omos h u. whh IM Pamlfoa Page 8 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL. DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following: a We will pay up to $75 per day for rental reimbursement expenses incurred by youfor the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses Incurred after the first 24 hours following the 'Weldere or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which In many cases may be substantially loss then $75 per day, and will only be allowed for the period of time It should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your loch and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" evell- able for your use and operation cannot Mi. a. H "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as clef ed In provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Uncbr SECTION W - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay far the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following: If you have purchased Comprehensive Coverage on this poRaV fbr an "auto" you own and that "auto" Is stolen, we will pay, without application of a deductible, up to $800 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess overany other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provislory "personal effects" mean tangible property that Is worn or carried by an Insured." "Personal effects" does not Include tools, equipment, jewelry, money or secruddes. 1Z ACCIDENTALAIRBAG DEPL OYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, L EXCLUSIONS is amended by adding the follow- Ing: It you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breaWowe does not apply to the scoldefuel discharge of an alrbeg. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov arage or warranty. 13. AUDIO, ViI M AND DATA ELECTRONIC BOUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. Is deleted and replaced with the following: X2010 UbOdY MMW Mtmnae Ca PnV. IW darts med. CA 8810 01 10 lndudes =Wjfthtsd m arW of feamum Sun ku offfm ha. wM Ihs Petm(t am Page 4 of 7 Exclusion 4.c. and 4AL do not apply to: a. Electronic equipment that receives or tmnsndts audio, visual or data signals, whether or not designed solely for the reproduction of sound, If the equipment Is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by toe of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a 8100 deductible. 14. LOAN ! LEASE GAP COVERAGE A. Paragraph Q. LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you In any one "accident" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties Imposed under a lease due to high mileage, excessive use or ab- normal wear end tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or [was, e. Final payment due under a "Balloon Loan', L The dollar amount of any unrepalred damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a tease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, J. Loan or lease termination fees; or I The actual cash value of the damage or stolen property as of the time of the "toss". An adjuabnent for depreciation and physical coaditlon will be made in detemdning the actual cash value at the time of the "loss". This adjustment Is not applicable In Texas. 11L ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that Incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. M SECTION V - DEFINTIONS Is changed by addlag the following: As used In this endorsement provision, the following def nklons apply: "Total loss" means a "loss" In which the cost of repairs plus the selvage value exceeds the actual cash value. A "balloon loan" Is one with periodic payments that are insufftolent to repay the balance over theterm of the loan, thereby mquiring a IaMe final payment. 02010 UbWW Muwal his "M* Company. All fttn reserved. CA 8810 01 10 Ina oopVftM d nutsrbI d bm"WO SWAM Offim buy. with Its Pamb" . Page 6 of 7 e e 11i. GLASS REPAIR -WAIVER OF O BLE • Paragraph D. Deductible of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage If the glass is repaired rather than replaced. 18. PAWJWAUTO COLLISION CQVERAGE(WAIVIMOFDEDUCTIBLE) Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: The deduktle does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbm or less as defined by the manufacturer as mi n knum loaded weight the "auto" is designed to carry while it is: a. in the charge of an "Insured"; b. Legally packed; and e. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" If the covered "auto" Is in the charge of any person or organization engaged in the automobile business. CTIOAt IV - BUSINESS AUTO CONDITIONS Is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION W. BUSINESS AUTO CONDITIONS, Paragraph 8.2. Is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts axlsting as of the Inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to coflM additional premium for any such hazard or exposure. 1S. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.0 a is replaced In Its entirety by the following: a In the event of "accident, claim, "auk" or "toss", you must promptly notify us when It Is known to: 1. You, N you are an Individual; 2 A partner, 9 you area partnership; & Member, If you are a limited liability company. 4 An executive offloer or the "employee" designated by the Named Insured to give such notice, If you are a corporation. To the extent possible, notice to us should Include: (1) Now, when and where the "accident" or "toss" took place; M The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 1a WAIVER OF TRANSFgR OF RIGHTS OF RECOVSkY AtfAUM OTUM TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A&, Transfer of Rights of Recovery Against Others to Us, Is amended by the addition of the following: If the person or organization has waived those rights before an "accldent" or "loss", our rights are waived also. CA 8810 01 10 tndu~ ooor hied mawrhd of kawmSavim s ottloohmwiM perm Page B of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph W. Policy Period, Coverage Territory, is amended by the addition of the following: L For "autos" hired 30 days or teas, the coverage territory Is anywhere In the world, provided that the Insureds responsibility to pay for damages Is determined In a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or In a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFW TWN8 is arnatded as follows: 21. BODILY UII.WRY REDERNED Under SECTION V - DERNTIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, slalmess or disease sustained by a person, Including mental anguish, mental Injury, shock, fright ordeeth resulting from any ofthese at any time. CONI MlMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- tows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more then 10 days prior notim of cencetls, don. 02e1e LibOW Meter r,o MnW Comwy. All dsna reserved. CA 81118 01 10 1=9"" ooprAe ltd nnwrw of tastra W serAm ON" kw., rrhh to penabd= Page 7 of 7 Purchase Order Fiscal Year 2019 Page: 1 of., 1 - ly B City of Ashland SOMME _ I L 20 E. Main ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20190277 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Water Division N LIQUIVISION TECHNOLOGY 1 90 North Mountaiin Ave D 711 MARKET STREET p Ashland, OR 97520 53 O KLAMATH FALLS, OR 97601 T Faxn541/552-2329 R O 800 229-6959 Paula Brown 11/05/2018 423 FOB ASHLAND/NET 30 Ci Accounts Pa able Clean Inspect Fallon Reservoir 1 Clean and Inspect Fallon Reservoir 1 $2,800.0000 $2,800.00 Services Agreement Completion date:12/31/2018 Project Account: GL SUMMARY 081800 - 602400 $2,800.00 By: y C Date: t 1 bL ,A horized ignature 2800.00 FORM#3 ;2 © 7 ~7 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 10/3012018 Vendor Name Liquivision Technology Incorporated Address, City, State, Zip 711 Market Street Klamath Falls, OR 97601 Contact Name Sherri Trigg Telephone Number 800-229-6959 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid ❑ 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 El Written quote or proposal attached f council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 pate approved by Council: ❑ State of Oregon ❑N DirectAward (Attach copy of council communication Contract# ❑ VerballWdttenquote(s)orproposal(s) Q Request for Qualirications(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 E] Sole Source Agency ❑ (3) Written quotes and solicitation attached ❑ Applicable Form (#5,6, 7 or 8) Contract # PERSONAL SERVICES ❑ Written quote or proposal attached Form Intergovernmental Agreement Greater than $5.000 and less than $75,000 ❑ Form #4, Personal Services >$5K & <$75K Agency 11 ❑ Annual cost to Ci does not exceed $25,000. E] Direct appointment not to exceed $35,000 ty ❑(3) Written proposals/written solicitation ❑ ❑ FormSpecial9 ProRequest for curement Approval City Ad ree ant ministrator. by Legal and approved/signed by 71 Form #4, Personal Services >$5K & <$75K City Admininistrator. AMC 2.50.070(4) El Written quote uote or pr proposal posal attached Date approved by Council: ❑ Annual cast to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost $2 800:00 Clean and inspect Fallon Reservoir Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL.-COST - Expenditure must be charged to the appropdate account numhers torthe financials fo reflect the actual expenditures accurately. Project Number- _ _ _ _ _ _ Account Number 081800 602400 $ 2800.00 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, I cceertiffy tthhat t(h~e(~C, ya p(iublic contracting requirements have been satisfiedd. IT Director Date Support -Yes / No Employee:`mO L}Y/t i tA%kX.-UlL9YI~_ Department Head: IAAJW 29rY (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equalborgmaterthan$5,o00) Date Comments: Form 43 - Requisition