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HomeMy WebLinkAbout2019-062 20190113 SOS Plumbing Inc GOODS & SERVICES AGREEMENT PROVIDER: SOS Plumbing and Drain Service C I T Y OF PROVIDER'S -A5 H L,A CONTACT: Mike Davis 20 East Main Street Ashland, Oregon 97520 ADDRESS: 206 South Pacific Highway Telephone: 541/488-5587 Talent, OR 97540 Fax: 541/488-6006 PHONE: (541)535-5063 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and SOS Plumbing and Drain Service, a domestic business corporation ("hereinafter "Provider"), for plumbing repair and maintenance. 1. PROVIDER'S OBLIGATIONS 1.1 Provide plumbing repair and maintenance for FYI 9 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 goods and 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 1 of 5: Agreement between the City of Ashland and SOS Plumbing and Drain Service 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 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. 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $4,000 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $4,000 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 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 Page 2 of 5: Agreement between the City of Ashland and SOS Plumbing and Drain Service 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 Rate Sheet dated June 22, 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. 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 June 30, 2019, 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. Page 3 of 5: Agreement between the City of Ashland and SOS Plumbing and Drain Service 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 - Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: SOS Plumbing and Drain Service Attn: Mike Davis 206 South Pacific Highway, Talent, OR 97540 (541)535-5063 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; (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; Page 4 of 5: Agreement between the City of Ashland and SOS Plumbing and Drain Service (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: SOS Plumbing a Drain Service (PROVIDER): By: ~-Vxfl- By: L, ~4-eA Signature E Signature c-, e140 Al~-j Printed Name Q Printed Name /°!,t/ T! / /c:~7l2 ~j~~-l~~-~✓ t Title Title 1 f el UZ-! ZO/d' 2 -/C) -/8 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. L Page 5 of 5: Agreement between the City of Ashland and SOS Plumbing and Drain Service SOS 206 So. Pacific Hwy. Talent, OR 97540 Plumbing & Drain 535-5063 (Taleno 488-2680 (Ashland) 779-3472 (Medfard) Fax: 535-3964 -.CCB #079604 6/22/18 Schedule of Labor Rates: Standard Service Calls (One Plumber) $220,00/HR Larger Projects (Multiple Plumbers) $90/HR per plumber Notes: We no longer offer after hours or weekend emergency service. Any job that that will need to be done after hours or on the weekend will be organized beforehand with an agreed upon bid amount. Our hours of operation are Monday-Friday 7:30 a.m: 4:30 p.m. Same day service might not always be possible, but we will always make every effort to accommodate emergency calls.. Michael avis a pair i /201P 4:30:11 PM PST (GMT-8) FROM 7145052201-TO: 15415522304 Page: 1 of 8 % om: K '•own & Brown Northwest ® _56'Hillcrest Park Drive Medford, OR 97504 FA'xa'v DOCUMENT Certificate of Insurance Delivery by ecertsonline T" 541-772-1111 www.bbnw.com From: Susan Wilson To. Subject: Cert No. 43070374 -Certificate of Liability: SOS Plumbing & Drain Service Inc. - City of Ashland - Facilities Maintenan City of Ashland - Facilities Maintenance Dept. Attn: David Arnold Date: 7/10/2018 90 N Mountain Avenue Ashland OR 97520 Delivery Via: FAX 15415522304 No. of Pages: 8 THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BYTELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecertsonlineT"' Insurance Visions, Inc. All rights reserved. 11012018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 2 of 8 Y> AcoR®® CERTIFICATE OF LIABILITY INSURANCE 7//1100 DATE/!22018 018 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 endorsements . PRODUCER Brown & Brown Northwest NAME: CONTACT NAME: Susan WIISOn 3256 Hillcrest Park Drive PHONE FAx Medford, OR 97504 A/CA Lo Ext : 541-494-2658 A!C No): 541-494-2758 ADDRESS: swilson bbnw.com INSURER(S) AFFORDING COVERAGE NAIC # www.bbnw.com INSURER A : American Hallmark Insurance Company of Texas 43494 INSURED INSURER B : SOS Plumbing & Drain Service Inc. 206 South Pacific Highway INSURERC: Talent OR 97540 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 43070374 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 TYPE OF INSURANCE I SD SWVD POLICYNUMBER MM/DDIIYYYY MM/DD/YYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ 44CL44337612 3/11/2018 3111/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ✓ OCCUR PREMISES a occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 H PRO- POLICY ✓ JECT LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 44CL44337612 3/11/2018 3111/2019 Ise (COMBINED tSINGLE LIMIT $1,000,000 ✓ ANYAUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE - AUTOS ONLY AUTOS ONLY Per accident $ A i UMBRELLA LIAB ✓ OCCUR 44CU44337712 3/11/2018 311112019 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED ✓ RETENTION 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILRY Y/ N STATUTE ER ANYPROPR IETOR/PARTNER/EXECUTI VE OFF ICER/MEM BER EXCLUDED? El NIA E.L. EACH ACCIDENT $ (Manda(ory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability coverage includes Blanket Additional Insured coverage including Primary/Non-contributory, Per Project Aggregate and Waiver of Subrogation when required by written contract per attached endorsement MP97670408. Subject to policy terms, limits, conditions and exclusions. Re: Goods & Services Agreement - City of Ashland & SOS Plumbing & Drain Service. CERTIFICATE HOLDER CANCELLATION City of Ashland - Facilities Maintenance Dept. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: David Arnold THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 90 N Mountain Avenue Ashland OR 97520 AUTHORIZED REPRESENTATIVE Susan Wilson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 13070374 10527 18-19 GL/UMB/AUTO Susan Wilson 7/10/2018 4:27:34 P[4 (PDT) Page 1 of 7 /10/2018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 3 of 8 ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM COMMERCIAL PROPERTY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM When this endorsement is attached to the policy, insurance under the Building and Personal Property Coverage Form, the Causes of Loss - Special Form, the Commercial Property Conditions and the Commercial General Liability Coverage Form is enhanced to provide the coverages described in this endorsement. All other conditions of the policy continue to apply. This coverage is subject to the provisions applicable to the Building and Personal Property Coverage Form, Causes of Loss - Special Form, the Commercial Property Conditions and the General Liability Coverage Form. SCHEDULE Coverage Enhancements Limits of Insurance Each Location P_, roPert Goy XggR Extesnsions Newly Acquired or Constructed Property Buildings $250,000, at Each Building Business Personal Property $100,000. at Each Building Personal Effects and Property of Others $ 10,000. at Replacement Cost Valuable Papers and Records (Other than Electronic Data) $ 25,000. Property Off-Premises (Including Laptops and Other Electronic Equipment) $ 10,000. Outdoor Property (Named Perils) $ 1,000. per tree/shrub, max. limit $15,000. Non-Owned Detached Trailers $ 10,000. Accounts Receivable $ 25,000. Property in Transit (Including Laptops and Other Electronic Equipment) $ 10,000. Property Additional Coverages Electronic Data $ 15,000. Arson Reward $ 5,000. Water Back-Up and Sump Overflow $ 25,000. Business Income Including Extra Expense $ 25,000. Inventory or Appraisal Cost $ 5,000. Money and Securities Inside $ 10,000. Outside $ 5,000. Ordinance or Law Coverage Coverage A Included within Building Limit. Coverages B and C Combined 25% of Bldg. Limit, $150,000. maximum Outdoor Signs $ 5,000. Recharging of Fire Extinguishers $ 5,000. Inland Marine Coverages Installation Coverage $ 10,000. Contractors Equipment Coverages: Small Tools $ 2,500. (Maximum limit per item $500) Employee Small Tools $ 1,000. (Maximum limit per item $250) Leased and Rented Equipment $ 5,000. Rental Reimbursement $ 1,000. General Liabili.tty Additional Coverages Blanket Additional Insured (Including Primary Non-Contributing Coverage) Included in Each Occurrence Limit Mobile Equipment Broadened Coverage Included in Each Occurrence Limit Aggregate Limit Per Project Included in Each Occurrence Limit Blanket Waiver Included in Each Occurrence Limit MP 97 67 04 08 Includes copyrighted material of ISO Properties, Inc. and Page 1 of 18 American Association of Insurance services, Inc., used with their permission 13070374 10527 18-19 GL/UMS/AUTO Susan Wilson 7/10/2018 4:27:34 PM (POT) Page 2 of 7 11012018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 4 of 8 c. , The following is added to A.2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: r, Property while stored or operated underground in connection with any mining operations. d. The following is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS - SPECIAL FORM: n. We will not pay for loss or damage caused by puncture, blowout and road damage to tires and tubes mounted on vehicles. However, we do pay for puncture, blowout or road damage caused by a specified peril. o. We will not pay for loss caused by humidity, dampness, dryness or changes in or extremes of temperature. p. We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a loss, exceeds the registered lifting capacity of any equipment or machine. q. We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container. We will pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or container. e. E.7. Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: 7. Valuation We will determine the value of covered property in the event of loss or damage as follows: a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in paragraphs b. and c. following. b. Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set. The loss is not considered a total loss of the pair or set. c. Loss to Parts. The value of a lost or damaged part of an item that consists of several parts when it is complete is based on the value of only the lost or damaged part or the cost to repair or replace it. 2. Rental Reimbursement In the event of loss by a covered peril to covered contractors` equipment that you own, we will reimburse you for your expense to rent similar equipment while your equipment is inoperable. The most we will reimburse you for rental reimbursement expenses is $1,000. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date. We will not reimburse you: a. If you can continue or resume your operations with similar equipment that is available to you at no additional expense to you; or b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the inoperable equipment after the covered loss occurs. 3. With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds $500. We will then pay the amount of loss or damage in excess of $500 up to the applicable limit of insurance. We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property was rendered inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you actually incur. The deductible of $500 does not apply to rental reimbursement expenses. General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION II -WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization (referred to as Additional Insured) whom you are required to add as an Additional Insured on this policy under: a. A written contract or agreement; and b. Where a certificate of insurance showing that person or organization as an additional insured has been issued; and Page 14 of 18 Includes copyrighted material of ISO Properties, Inc. and MP 97 67 04 08 American Association of Insurance Services, Inc., used with their permission 13070374 10527 18-19 GL/U149/AUTO Susan Wilson 7/10/2018 4:27:34 PM (PDT) Page 3 of 7 11012018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 5 of 8 c, , When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertising injury." 2. The insurance provided to the Additional Insured is limited as follows: a. The Additional Insured is only an additional insured for: (1) "Bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for whose acts a Named Insured may be liable. (2) Liability arising out of your ongoing operations for the Additional Insured by or for you. A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b, The Limits of Insurance applicable to the Additional Insured are those specified in the written contractor agreement but not more than the Limito of insurance apcoificd in the Doclcircttiona for thin policy. Tho Limito of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section 1, Coverages A., B. and C. of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, the insurance provided to the Additional Insured does not apply to: a. "Property damage" to: (1) Property owned, used, occupied by, loaned or rented to the Additional Insured; (2) Property in the care, custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control; or (3) "Your work" performed for the Additional Insured, b. "Bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services for you, for the Additional Insured or for others, including, but not limited to: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. c. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, is amended to add the following subparagraph: d. Additional Insured's Other Insurance As Excess Insurance To the extent required by an "insured contract," this insurance is primary on behalf of the Additional Insured; and any other insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the "insured contract" dnas not require this provision, then paragraph a. above will apply- B. Mobile Equipment Broadened Coverage V.12.f.(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1) Equipment designed primarily for: (a) Snow Removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C. Aggregate Limit Per Project The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. MP 97 67 04 08 Includes copyrighted material of ISO Properties, Inc. and Page 15 of 18 American Association of Insurance Services, Inc., used with their permission 13070374 10527 18-19 WUMB/AUTO Susan Wilson 7/10/2018 4:27:34 @4 (POT) Page 4 0£ 7 /10/2018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 6 of 8 D., Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or agreement have waived your own right or recovery for loss caused by that person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." Additional Conditions A. Insurance Under Two or More Coverages The following is added to paragraph C. Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: If a Coverage Form is attached to this policy that provides a limit for any coverage provided by this endorsement; the limit shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by the Coverage Form. B. Limits of Insurance Regardless of the number of buildings at a location covered by this endorsement, the most we will pay under this Coverage Enhancement endorsement in any one occurrence is the applicable Limits of Insurance shown in the SCHEDULE on page 1 of this endorsement. C. Deductibles The Deductible described in section D. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM applies to each of the Coverage Enhancements except as shown below: We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds $600. We will then pay the amount of loss or damage in excess of $500 up to the applicable Limit of Insurance for the following enhancements: 1. Personal Effects and Property of Others 2. Valuable Papers and Records (Other than Electronic Data) 3. Accounts Receivable 4. Property Off-Premises (Including Laptops and Other Electronic Equipment) 5. Outdoor Property (Named Perils) 6. Money and Securities 7. Water Back-Up and Sump Overflow 8. Electronic Data 9. Property in Transit (Including Laptops and Other Electronic Equipment) No deductible provisions apply to the following enhancements: 1. Arson Reward 2. Recharging of Fire Extinguishers 3. Inventory or Appraisal Cost 4. Rental Reimbursement D. Additional Definitions The following Additional Definitions apply to this endorsement only, 1. "Banking Premises" means the interior of that portion of any building occupied by a banking institution or similar safe depository. 2. "Business Income" means the: a. Net income (Net Profit or Loss before income taxes) that would have been earned had no loss occurred; and b. Continuing normal operating expenses incurred, including payroll. For manufacturing risks, Net Income includes the net sales value of production. Page 16 of 18 Includes copyrighted material of ISO Properties, Inc. and MP 97 67 04 08 American Association of Insurance Services, Inc., used with their permission 13070374 10527 18-19 GL/UI4B/AUT0 Susan WiLson 7/10/2018 4:27:34 PM (PDT) Page 5 of 7 /10/2018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 7 of 8 3. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. 4. "Employee" as used in Money and Securities coverage means: a. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term work load conditions; while that person is subject to your direction and control and performing services for you, excluding, however, any such person while having care and custody of property outside the "premises"; (3) Any natural person who is leased to you under a written agreement between you and a labor leasing firm, to perform duties related to the conduct of your business, but does not mean a temporary employee as defined in Paragraph (2) above; (4) Any natural person who is your director or trustee while that person is handling "money" or "securities." (5) Any natural person who is a former "employee," director, partner, member (an owner of a limited liability company represented by its membership interest, who also may serve as a manager), manager (a person serving in a directorial capacity for a limited liability company), representative or trustee retained as a consultant while performing services for you; or (6) Any natural person who is a guest student or intern pursuing studies or duties, excluding, however; any such person while having care and custody of "money" or "securities" outside the "premises." b. "Employee" does not mean: (1) Any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (2) Any manager (a person serving in a directorial capacity for a limited liability company), director or trustee except while performing acts coming within the scope of the usual duties of an "employee." 5. "Extra Expense" means necessary expenses you incur during the "period of reconstruction" that you would not have incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered Cause of Loss. Coverage pertains to expenses (other than the expense to repair or replace property) which are incurred to (1) Avoid or minimize the "suspension" of business and to continue "operations" at the described premises or at replacement premises or temporary locations, including relocation expenses and costs to equip and operate the replacement location or temporary location. (2) Minimize the "suspension" of business if you cannot continue "operations." 6. "Finished Stock" means stock you have manufactured. Finished stock also includes whiskey and alcoholic products being aged. 7. "Loss" as used in the Accounts Receivable Extension means accidental loss or damage. 8. "Messenger" means you, any of your partners or any employee while having care and custody of the property outside the "premises." 9. "Money" means: a. Currency, coins and bank notes whether or not in Current use; and b. Travelers checks, register checks and money orders held for sale to the public. 10. "Occurrence" as used in the Money and Securities coverage means an act or series of related acts involving one or more persons; or an act or event, or a series of related acts or events not involving any person. 11. "Operations" as used in the Business Income including Extra Expense coverage means your business activities occurring at the address shown in the Declaration that you occupy for your business. 12. "Period of restoration" as used in the Business Income including Extra Expense coverage means the period of time that: a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at MP 97 67 04 08 Includes copyrighted material of ISO Properties, Inc. and Page, 17 of 18 American Association of Insurance services, Inc., used with their permission 13070374 10527 18-19 WUMB AUTO Susan Wilson 7/10/2018 4:27:34 FM (POT) Page 6 of 7 /10/2018 4:30:11 PM PST (GMT-8) FROM: 7145052201-TO: 15415522304 Page: 8 of 8 the described premises; and b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality, "Period of Restoration" does not include any increased period required due to the enforcement of any ordinance of law that: (1) Regulates the construction, use or repair, or requires the tearing down of any property; or (2) Requires any insured or others to test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants." 13. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 14. "Premises" as used in the Money and Securities coverage means the interior of that portion of any building you occupy in conducting your business. 15. "Premises" as used in the Accounts Receivable Extensions means that interior of the building at the address shown in the Declarations that you occupy for your business. 16. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money" or other property and include: a. Tokens, tickets, revenue and other stamps whether or not in current use; and b. Evidences of debt issued in connection with credit or charge cards, which are not of your own issue but does not include "money." 17. "Small Toots" means any tool which can be moved easily by one person without mechanical assistance and/or can be hand held for the purpose of doing labor. 18. "Suspension" as used in the Business Income including Extra Expense coverage means the slowdown or cessation of your business activities. 19, "Temporary storage location" means a location where property that is to become a permanent part of a' completed project is stored while waiting to be delivered to the job site: a. That you do not own, lease or operate; and b. Where work is in progress, or will begin in 30 days. 20. "Theft" as used in the Money and Securities coverage means the unlawful taking of "money" or "securities" to the deprivation of the Insured. All Other Conditions of this Policy apply. Page 18 of 18 Includes copyrighted material of ISO Properties, Inc. and MP 97 67 04 08 American Association of Insurance Services, Inc., used with their permission 13070374 10527 18-19 GL/UM0/AUTO Susan Wilson 7/10/2018 4:27:34 PM (PDT) Page 7 of 7 www.saif.com Oregon Workers' Compensation Work. f Life. Certificate of Insurance Sal Oregon. Certificate holder: CITY OF ASHLAND 20 E MAIN STREET ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Sos Plumbing and Drain Service Inc Ashland Insurance Inc 206 S Pacific Hwy Jeff Wilson Talent, Or 97540-6671 541.608.1869 jwilson@ashlandinsurance.com Issued 07/10/2018 Limits of liability Policy 754526 Bodily Injury by Accident $500,000 each accident Period 10/01/2017 to 10/01/2018 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. Authorized representative ) 4~, ~4~- Kerry Barnett President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Policy_O LCA_Ce rtificate0f Insu ra n ce FORM #3 CITY OF ASHLAND REQUISITION Date of request: 7/17/18 Required date for delivery: Vendor Name SOS Plumbing and Drain Service Address, City, State, Zip 206 South Pacific Highway, Talent, OR 97540 Contact Name & Telephone Number Mike Davis (541)535-5063 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization Date approved by Council: ❑ Written quote or proposal attached ❑ AMC 2.50 ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ® Direct Award Date approved by Council: Contract # ❑ VerbalM/ritten quote(s) or proposal(s) ❑ State of Washington Contract # Intermediate Procurement ❑ Sole Source ❑ Other government agency contract GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) Agency $5,000 to $100,000 ❑ Written quote or proposal attached Contract # ❑ (3) Written quotes and solicitation ❑ Form #4, Personal Services $5K to $75K Intergovernmental Agreement attached ❑ Agency PERSONAL SERVICES ❑ Special Procurement Date original contract approved by Council: $5,000 to $75,000 ❑ Form #9, Request for Approval (Date) ❑ Less than $35,000, by direct ❑ Written quote or proposal attached appointment Date approved by Council: ❑ (3) Written proposals/written solicitation ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) Description of SERVICES Total Cost Provide plumbing repair and maintenance for FY19 $ 4,000,00 - Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal Project Number _ _ _ _ _ _ - _ _ _ Account Number 082400-602400 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: iT Director Date Support -Yes / No By signing this re isition to ; I certify that the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature (Equ to or greater than $5,000) 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 PW LALI Fiscal Year 2019 Page: 1 of: 1 B City of Ashland - _»[PL7t~rn1 ATTN: Accounts Payable Purchase L 20 E. Main 20190113 Ashland, OR 97520 Order # I T Phone: 541/552-2010 0 Email: payable@ashland.or.us v H C/O Facilities Maintenance Div E S.O.S. PLUMBING, INC I 90 North Mountain Ave N 206 S PACIFIC HWY p Ashland, OR 97520 OD TALENT, OR 97540 Phone: 541/488-5358 R T Fax: 541/552-2304 O David Arnold 07/19/2018 232 FOB ASHLAND OR Cit Accounts Pa able Uht On call Plumbing - Facilities 1 On call plumbing repair and maintenance for FY 19 - City 1 EST $4,000.0000 $4,000.00 Facilities Goods and Services Agreement Completion date: 06/30/2019 Project Account: GL SUMMARY L 082400 - 602400 $4,000.00 By: Date: Authorized Signature ° - _ = $4,000.00