Loading...
HomeMy WebLinkAbout2019-054 20190248 Economy Plumbing SERVICES AGREEMENT PROVIDER: Economy Plumbing CITY OF PROVIDER'S CONTACT: Gerard Fowler -ASHLAND 20 East Main Street ADDRESS: 309 Kent St. Ashland Oregon 97520 Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: 541-482-4733 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 Economy Plumbing ("hereinafter "Provider"), for installation of new plumbing inside the Lithia fountains. 1. PROVIDER'S OBLIGATIONS 1.1 Provide labor and parts to replace the plumbing inside Ashland's Lithia fountains 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 • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of 5: Agreement between the City of Ashland and Economy Plumbing i I I E 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. 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 $1,950 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 $1,950 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. 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 patties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and Economy Plumbing 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. i 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 Proposal dated 9-21-18 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. 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. Page 3 of 5: Agreement between the City of Ashland and Economy Plumbing i I 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 6-28-19, 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 - Water 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: Economy Plumbing Attn: Gerard Fowler 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: 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; Page 4 of 5: Agreement between the City of Ashland and Economy Plumbing (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: Economy ' mbing By: By: Signature % ignatu Printed Name Printed Name Title tle Date "atee~~`_ (W-9 is to be submitted with this signed Agreement) Purchase Order No. O~- / r v ~v Page 5 of 5: Agreement between the City of Ashland and Economy Plumbing ~G®roMy . mb~~9 Gerard Fowler 309 Kent Street Proposal n Ashland, Oregon 97520 a~ O Builders Board #62094 p1ete (541) 482-4733 Plumb~n~ PROPOSAL SUBMITTED T PHONE DATE f /Ae STREET JOB NAME i ,r f CITY. STATE AND ZIP ODE JOB LOCATION / S L242" 1 ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: /tee a! C•>'~ 7`j?i! 0q 1f14 1 ,q - /i/ /,/f L~CJtil /~Gi A ev)v /t A We xD}1g8/P hereby to furnish material and labor -complete in accordance with above specificatio~n~s, for the sum of: 1) ev Cam' 1'G~'ZC1Gf e Ja C! y/ /J4 to oil C<f~ ' JC fe~`C~ X~fpf/ dollars Payment to be made as follows: v1I &9 t)i'7 aO k'I11* .idaititlnttl terms: t. Workmanship and Materials specified above are warranted for one year from completion of the project. If defects of any sort appear, the contractor shall correct same, at Its own expense, within a reasonable time following receipt of written notice. This shall be the limit of remedies available to the owner and contractor shall not be responsible for incidental or consequential damages of any sort. 2. The contractor is responsible only for Its own performance and that of the subcontractors and employees which it hires. Defective performance by architects, other contractors, or other agents of the owner shall not be the contractor's responsibility. 3. The agreed price assumes conditions are as they appear from a reasonable Inspection of the property. If, after the commencement of construction, It is discovered that the soil or the existing structure contain latent conditions which will cause contractor additional time or expenditure, these parties shall execute an addendum to the contract and renegotiate the payment terms. Contractor shall be entitled to immediately suspend performance until said addendum is executed. Any alteration or deviation from the agreed plans and specifications will be performed only upon the execution of addenda to this contract specifying the modified payment terms. 4. In the event that the owner shall fall to make payment as agreed herein, Interest shall accrue at the rate of t'h% per month respecting any delinquent payments. In addition, the contractor shall be entitled to suspend all performance hereunder in th ent that any payment shall be delinquent a days. 5. it is understood that contractor Is not providing insurance coverage of any sort for owner. 6. In the event that litigation y son shall arise res oil this sore nt, the prevailing party shall be entitled to an award of reasonable attorney fees Incurred at trial and on appeal, or for collection measu law it Is not filed. Note: This proposal may bed withdrawn by us if not accepted within days. Contractor X,aptunre o rallood -The above prices, specifications Signature and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance: Client#: 175542 ECONPLUM1 FDDATEE/(MM1DD7YY) /T,., CERTIFICATE OF LIA ILITY INSURANCE 009/2018 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cindy Sorensen A/C No, Ext , No : 541 494-7732 Propel Insurance PHONE 541 494-7732 A/c Medford Commercial Insurance E-MAIL S: Cindy.sorensen@propelinsurance.com ADDRES P O Box 936 INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 INSURER A : Western National Assurance Company 24465 INSURED INSURER B : Economy Plumbing, Inc. INSURERC: 309 Kent St. INSURER D Ashland, OR 97520-1017 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. TSR ADDL SUB POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY BOP100072605 06101/2018 06/01/201 EACH OCCURRENCE $1,000,000 DA EMMAGE TO RENTED CC~ R V CLAIMS-MADE ~ OCCUR PISES Ea occ urrence $100,000 X PD Ded:1,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY sincluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,00U PRO- X POLICY ❑ J CT LOC PRODUCTS-COMP/OPAGG #2,000,000 $ OTHER: COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY CPP107477905 0610112018 06/01/201 Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON -OWNED Per accident $ X AUTOS ONLY X AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ $ DED RETENTION$ PER OTH- WORKERS COMPENSATION STATUTE AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) "'as, describe under E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The GL & Auto policies include blanket additional insured and blanket waiver of subrogation endorsements [provisions] that provide additional insuredMOS status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD MMJ00 #S3394703/M3183190 Client#: 175564 ECONPLUM3 DATE (MMIDD/YYYY) C T,,, CERTIFICATE F LIABILITY INSURANCE 10/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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 any rights to the certificate holder in lieu of such endorsement(s). NAMEACT KC Ferguson PRODUCER PHONE 866 577-1326 Propel Insurance A/C, No, Ext ; 541 494-7752 alc, No Medford Workers Compensation al DARESS: KC.Ferguson@Propelinsurance.com P O Box 936 INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 SAIF Corporation 36196 INSURER A: INSURED Economy Plumbing, Inc. INSURER B : I INSURER C: 309 Kent St. INSURER D : Ashland, OR 97520-1017 INSURER E: INSURER F CERTIFICATE NUMBER: REVISION NUMBER: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERT INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 YEBY PAID CLAIMS. LIMITS LTRR ADDLSUB TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MM/DD/YYYY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) 5 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS -COMP/OP AGG $ POLICY ~ JECT 0 LOC $ OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident BODILY INJURY (Per person) $ OWNED ANY AUTO SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ ONLY Per accident AHIRED UTOS ONLY H NON-OWNED $ EACH OCCURRENCE $ UMBRELLA LIAB OCCUR AGGREGATE $ EXCESS LIAR CLAIMS-MADE $ DED RETENTION $ A WORKERS COMPENSATION 782608 10/0112018 101011201 X PER STATUTE OT - AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N N I A (Mandatory EXCLUDED? Y E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in in NH) NH) E.L. DISEASE -POLICY LIMIT $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N. Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520-2014 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD MMJ00 #S3394705/M3357650 BUSINESSOWNERS BP 06 42 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON - ADDITIONAL INSURED - OWNERS, LESSEES R CONTRACTORS - IT ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who Is An caused by your ongoing operations for the Insured in Section II - Liability: additional insured and only to the extent that such "bodily injury", "property dam- 3. Any person(s) or organization(s) for whom age" or "personal and advertising injury" is you are performing operations is also an caused by your negligence or the negli- additional insured, if you and such per- Bence of those performing operations on son(s) or organization(s) have agreed in your behalf. writing in a contract or agreement that such person(s) or organization(s) be in- A person's or organization's status as an cluded as an additional insured on your insured under this endorsement ends when policy. Such person(s) or organization(s) is your operations for that insured are com- an additional insured only with respect to pleted or the contractor's agreement is ter- liability for "bodily injury", "property dam- minated. age" or "personal and advertising injury" I i I BP 06 42 01 06 Copyright, ISO Properties, Inc., 2005 Page 1 of 1 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 I Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: 2 Newly Acquired Organizations for up to 180 Days 2 Employees as Insureds 2 Subsidiaries in Which You Own 50% or More Deductible Waiver for Glass Repair 3 Employee Hired Auto 2,5 3 Fellow Employee Coverage Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 4 Rental Reimbursement Coverage Supplementary Payments - Amended: 2 Bail Bonds up to $5,000 2 Loss of Earnings up to $500/Day Transportation Expense Limits - Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II - COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, while performing duties related to the conduct SECTION II - COVERED AUTOS LIABILITY of your business. COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION 11 - COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an additional insured is an "insured" for Liability e. Any organization which is newly acquired or Coverage, but only for damages to which this formed by you and over which you maintain insurance applies and only to the extent that majority ownership. However, coverage under persons or organization qualifies as an "insured" this provision: under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions - Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION 11 - COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident" that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident" we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would (4) All reasonable expenses incurred by the be an "insured" under such a policy but for "insured" at our request, including actual loss termination of such policy or the exhaustion of such policy's limits of of earnings up to $500 a day because of time off from work. insurance. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair -Deductible Waiver SECTION II - COVERED AUTOS LIABILITY SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 5. Fellow COVERAGE, A. Coverage, 3. Glass Breakage - Employee, the following is added: Hitting A Bird Or Animal - Falling Objects Or Missiles, is amended by adding the following: Co-Employee Lawsuit Defense Cost No deductible will apply to glass breakage if such Reimbursement glass is repaired, in a manner acceptable to us, If a suit seeking damages for "bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to SECTION III - PHYSICAL DAMAGE the conduct of your business, or a suit seeking COVERAGE, A. Coverage is amended by adding damages brought by the spouse, child, parent, the following: brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable 5. Hired Auto Physical Damage costs that you incur in the defense of such If hired "autos" are covered "autos" for Liability matters. Any reimbursement made pursuant to Covera e and if Comprehensive, Specified this sub-section will be in addition to the limits of Cause g e Loss, or Collision coverages are liability set forth in the Declarations. provided under this coverage form for any "auto" you own, then the Physical Damage SECTION III - PHYSICAL DAMAGE COVERAGE Coverages provided are extended to "autos" AMENDMENTS you hire of like kind and use, subject to the I I following: A. Transportation Expense - Limits Amended a. The most we will pay for any one "loss" is SECTION III - PHYSICAL DAMAGE $50,000 or the actual cash value or cost to COVERAGE, A. Coverage, 4. Coverage repair or replace, whichever is less, minus Extensions, a. Transportation Expenses is a deductible; amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest deductible applicable to any owned "auto" B. Hired Auto Physical Damage - Loss Of Use for that coverage. Any Comprehensive Expenses - Limits Amended deductible does not apply to "loss" caused by fire or lightening; SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum d. Subject to the above limit, deductible and limit. excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage applicable to any covered "auto" you own. SECTION III - PHYSICAL DAMAGE If a limit for Hired Auto Physical Damage is COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage adding SECTION III - PHYSICAL DAMAGE COVERAGE CSECTION OVERAGE, III Coverage PH is amended by A. Coverage, is amended by adding the following: the following: 6. Rental Reimbursement 7, Accidental Airbag Deployment Coverage This coverage applies only to a covered "auto" We will a to reset or replace factory installed fothe llows: private passenger or light truck type as airbag(s) in any covered "auto" for accidental fo discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered "auto". "auto". Payment applies in addition to the This coverage is excess over any other otherwise applicable amount of each collectible insurance or reimbursement by ~ coverage you have on a covered private manufacturer's warranty. passenger or light truck type "auto." No deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses SECTION 111 PHYSICAL DAMAGE COVERAGE, incurred during the policy period beginning Item A., Coverage, is amended by adding the 24 hours after the "loss" and ending, following: regardless of the policy's expiration, with the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the amin the ount due Declarations, light truck type "auto" and return it anyed paid or on t the s lease o'rl pay to loan to you; or for a covered "auto" less: (2) 30 days. a. The amount paid under the Physical c. Our payment is limited to the lesser of the Damage Coverage Section on the policy; following amounts: and (1) Necessary and actual expenses b. Any: incurred, or (1) Overdue lease/loan payments at the (2) $50 per day, up to a maximum of time of the "loss"; $1,000. (2) Financial penalties imposed under a d. This coverage does not apply while there lease for excessive use, abnormal are spare or reserve private passenger or wear and tear or high mileage; light truck type "autos" available to you for your operations. (3) Security deposits not returned by the lessor; e. If "loss" results from the total theft of a covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this Life Insurance, Health, Accident or coverage only that amount of your rental Disability Insurance purchased with reimbursement expenses which is not the loan or lease; and already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. (5) Carry-over balances from previous Coverage, 4. Coverage Extensions. loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV - BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV - BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by adding the following paragraph: SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any additional hazards, we will not deny coverage This condition applies only when the "accident" or under this Coverage Part because of such failure. "loss" is known to: D. Employee Hired Auto (1) You, if you are an individual; SECTION IV - BUSINESS AUTO CONDITIONS, (2) A partner, if you are a partnership; B. General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered "autos" you own: But, this section does not amend the provisions (1) Any covered "auto" you lease, hire, rent or relating to notification of police, protection or examination of the property which was subject to borrow. the "loss". (2) Any covered "auto" hired or rented by your "employee" under a contract in that B. Blanket Waiver of Subrogation individual "employee's" name, with your Section IV - BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by However, any "auto" that is leased, hired, adding the following exception: rented or borrowed with a driver is not a However, we waive any right of recovery we may covered "auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 This page has been left blank intentionally. l z i, FORM #3 CITY OF -ASHLAND ' C~t1,21 : 0i'ta~j' Q /,02- / REQUISITION Date of request: 1011112018 Vendor Name Economy Plumbing Address, City, State, Zip 309 Kent Street Ashland Or 97520 Contact Name Gerard Fowler Telephone Number 541-482-4733 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ 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 [1 (3) Written quotes and solicitation attached El Applicable Form (#5,6, 7 or 8) Contract # Intergovernmental Agreement PERSONAL SERVICES El 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. El Special Procurement Agreement approved by Legal and approved/signed by ❑(3) Written proposals/written en>solicitation El Form #9, Request for Approval E] Farm #4, Personal Services $5K & <$75K City Administrator. AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost Installation of new plumbing inside Lithia Fountains $ 1,950.00 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 _ _ _ _ _ _ _ Account Number 081800 602400 $ 1950.00 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 certify that the City's public contracting requirements have been satisfied. IT Director Date Support -Yes / No Employee: Department Head: vcr- 7.0 (Equal to or greater than $5,000) Department Manager/Supervisor: ✓ O" City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition Purchase Order W06-Fr4AA11 ~ Fiscal Year 2019 Page: 1 of: 1 P~~1UiU1~~~=1CrIU~T~PP-~R 9N ~L. B City of Ashland - = _ ATTN: Accounts Payable Purchase 20 E. ~ Ashland, Main OR 97520 Order# 20190248 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Water Division E ECONOMY PLUMBING, INC 1 90 North Mountaiin Ave N 309 KENT ST P Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/488-5353 R O Fax: 541/552-2329 Steve Walker ding 10/12/2018 295 FOB ASHLAND OR Cit Accounts Pa able - Lithia Fountain Plumbing 1 Installation of new plumbing inside Lithia Fountains 1 $1,950.0000 $1,950.00 Services Agreement Completion date: 06/28/2019 Project Account: GL SUMMARY 081800 602400 $1,950.00 Date: y' $1 950.00 ~rffFiorized Signature =