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HomeMy WebLinkAbout2019-085 20190194 Kogap Enterprises, Inc SERVICES AGREEMENT PROVIDER: KOGAP Enterprises, Inc. CITY OF PROVIDER'S CONTACT: Frank McElheran ASHLAND 20 East Main Street ADDRESS: 115 W. Stewart Avenue#202 Ashland, Oregon 97520 Medford, OR 97501 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-776-6500 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City")and KOGAP Enterprises,Inc.,a domestic business corporation ("hereinafter"Provider"),for removal and replacement of old grit rake arm. 1. PROVIDER'S OBLIGATIONS 1.1 Provide removal and replacement of old grit rake arm. 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 Liabili ty. 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 KOGAP Enterprises 1 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$13,250.00 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$13250.00 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. 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. Page 2 of 5: Agreement between the City of Ashland and KOGAP Enterprises 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 279B.220, 2798.230 and 279B.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 Proposal dated 08/20/2018. 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. Page 3 of 5: Agreement between the City of Ashland and KOGAP Enterprises 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 11/15/2018, 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/Wastewater Division Attn: David Gies 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5348 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: KOGAP Enterprises, Inc. Attn: Frank McElheran 115 W. Stewart Avenue#202 Medford, OR 97501 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 KOGAP Enterprises • (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: KOG A. Enterprises,Inc. (PR VIDER): By: By. Signature Signature Pour wA.) k Fi c )kerarr) Printed Name Printed Name P� D 12two!L— it-E. C-, Title Title Z8Nri4Zor7 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and KOGAP Enterprises SUPPORTING DOCUMENTS A E%,* a�`'°° KOGAP Enterprises. Inc. 115 W. STEWART AVENUE #202 • MEDFORD, OREGON 97501 KOGAP PHONE (541) 776-6500 • FAX (541) 770-6551 CONSTRUCTION CCB#93497 8 DEVELOPMENT August 20, 2018 David Gies City of Ashland David.giesgashland.or.us Dave, As per our discussion and the visit to the Ashland Treatment Plant, we will remove and replace the dredge system for$2,650 per day with a 2 day minimum. This price includes labor and equipment. Thank you for the opportunity to offer a price on your project. • ce ly, i Frank McElheran, Director Excavation firm a,kogap.com PROPOSAL OVIVO Worldwide Experts 02018033-CL in Water Treatment 17 JULY 2018 ASHLAND WWTP ASHLAND, OR PROJECT Detritor Rake Arm Replacement Installation for 14'dia. Dorr Oliver® Serial#51625-1 AREA REPRESENTATIVE Treatment Equipment Company Jens Nielsen (253) 508-9955 fens @tec-nw.com Chad Layton Ovivo USA,LLC Phone(801)931-3240 4246 Riverboat Road—Suite 300 Fax (801)931-3080 Salt Lake City,Utah 84123-2583 chad.layton @ovivowater.com PROPOSAL I Q2018033-CL 17 July 18 PROJECT SUMMARY: Ovivo USA, LLC proposes to provide labor services for installation of one (1) rake arm & components in Detritor mechanism. This is for one (1) existing Dorr Oliver® mechanism installed in 1999 under serial #51625-1. Rake arm and additional components purchased from Ovivo in March 2018 under RSW 925. Labor Installation Services Ovivo will supply supervision, labor, service and equipment necessary to complete this project. We Include: • Site mobilization. • Rigging equipment to include slings, shackles, chain hoists/falls. • Remove existing rake assembly. • Install new rake assembly. • Install new gearmotor w/torque limiting clutch &speed sensor. • Demobilization of personnel and equipment. • One shift, 10 hours per day. • Field service checkout/startup. Items NOT Included • No draining or cleaning of tank prior to start of installation. • No electrical installation or alteration of existing electrical supply. • No finish or touch up painting. • No lubricants. • No disposal of any old lubricants/fluids. • No concrete or grout work or repair. • No overtime work hours or removal of old debris. Price for labor installation services as described above $41,237.00 DELIVERY Ovivo intends to ship all Products as indicated above after receipt of approved purchase order and approved submittal drawings from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser's acceptance of delivery, cause the Products to be stored at such a point or p Y. p Ovivo USA,LLC I 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.com PROPOSAL I Q2018033-CL 17 July 18 I points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser's receipt of invoice. Invoice will be submitted after all materials have been received at the job site or they have been successfully installed by an Ovivo contractor and the field service check-out and start-up procedure is finalized. Credit is subject to acceptance by the Ovivo Credit Department. Purchaser shall remit payment for proper invoices received from Ovivo in accordance with the payment terms stated above even if the Purchaser has not been paid by the Purchaser's customer (the "Owner"), if Purchaser is not the end-user of the Products. Payments are due within forty five (45) days after Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge of 2%per month until paid. If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus Ovivo's overhead and reasonable profit. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable forty five (45) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if applicable, shall be for Purchaser's account. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible Ovivo USA,LLC I 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.com ■ • ■ . . •. • • • 1 • • • • ■ • • • • PROPOSAL I Q2018033-CL 17 July 18 I for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. **PURCHASE ORDER SUBMISSION** In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4246 Riverboat Road -Suite 300, Salt Lake City, Utah 84123-2583 Fax#: 801-931-3080 Tel.#: 801-931-3240 chad.layton@ovivowater.com ADDITIONAL FIELD SERVICE When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products' installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo's scope of work. If additional service is required over and above the Field Services described above, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. Ovivo USA,LLC 1 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowatercom i i i I� PROPOSAL I Q2018033-CL 17 July 18 SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo's scope of work, such Products shall be painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's p g P p Y painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. GENERAL ITEMS NOT INCLUDED Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. Performance and payment security, including but not limited to bonds, letters of credit, or bank guarantees, are not included, but can be provided if purchased for an additional cost. MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. Ovivo USA,LLC 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 1 Fax:(801)931-3080 ovivowater.com i� i PROPOSAL I Q2018033-CL 17 July 18 I WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo's offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. Ovivo USA,LLC 1 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.com • • PROPOSAL I Q2018033-CL 17 July 18 J.ACCEPTANCE.The proposal of OVIVO USA.LLC("SELLER"),as well as these terns and conditions of applicable to the Products supplied sale(collectively the"Agreement'),constitutes SELLER'S contractual offer of goods and associated services,and II.SOFTWARE,PURCHASER shall have a nonexclusive and nontransferable license to use any information PURCHASER'S acceptance of this offer is expressly limited to the terns of the Agreement. The scope and terns processing program supplied by SELLER with the Products.PURCHASER acknowledges that such programs and and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, the information contained therein is Confidential Information and agrees:a)not to copy or duplicate the program discussions, agreements,understandings and representations between the parties. Any scope or tern and 12.PATENT INDEMNITY,SELLER will defend at its own expense any suit instituted against PURCHASER conditions included in PURCHASER'S acceptance/purchase order that are in addition to or different from this based upon claims that SELLER'S Product hereunder in and of itself constitutes an infringement of any valid Agreement are hereby rejected. apparatus claims of any United States patent issued and existing as of the date of this Agreement,if notified 2.DELIVERY. Any statements relating to the date of shipment of the Products(as defined below)represent promptly in writing and given all information,assistance,and sole authority to defend and settle the same,and SELLERS bat estimate,but is not guaranteed.and SELLER shall not be liable for any damages due to late SELLER shall indemnify the PURCHASER against such claims of infringement.Furthermore,in case the use of delivery.The Products shall be delivered ht the delivery point or points in accordance with the delivery terms stated the Products is enjoined in such suit or in case SELLER otherwise deems h advisable,SELLER shall,at its own in SELLER'S proposal. If such delivery is prevented or postponed by reason of Force Majeure(as defined below), expense and discretion,(a)procure for the PURCHASER the right to continue using the Products,(b)replace the SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, same with non-infringing Producer,(c)modify the Product to it becomes non-infringing,or(d)remove the and in default of PURCHASER's acceptance of delivery to cause the Products to be stored at such a point or points Products and refund the purchase price less freight charges and depreciation SELLER shall not be liable for,and of manufacture at PURCHASER'S expense.Such tender,if accepted,or such storage,shall constitute delivery for PURCHASER shall indemnify SELLER for,any claim of infringement related to(a)the use of the Products for all purposes of this agreement.If shipment is postponed at request of PURCHASER or due to delay in receipt of any purpose other than that for which it was furnished by SELLER,(b)compliance with equipment designs not shipping instructions,payment of the purchase price shall be due on notice from SELLER that the Products are furnished by SELLER or(c)use of the Products in combination with any other equipment. The foregoing states ready for shipment.Handling moving,storage.insurance and other charges thereafter incurred by SELLER with the sole liability of SELLER for patent infringement with respect to the Products respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when 13.GENERAL INDEMNITY.Subject to the rights,obligations and limitations of liabilities of the parties sec invoiced. forth in this Agreement,PURCHASER shall protect and indemnify SELLER,its ultimate parent,its ultimate 3,TITLE AND RISK OF LOSS,SELLER shall retain the fullest right,title,and interest in the Products to the parent's subsidiaries and each of their respective officers,directors,employers and agents,from and against all extent permitted by applicable law,including a security interest in the Products,until the full purchase price has claims,demands and causes of action asserted by any entity to the extent of PURCHASER'S negligence or willful been paid to SELLER.The giving and accepting of drafts,motes and/or trade acecytances to evidence the payments misconduct in connection with this Agreement. due shall not constitute or be construed as payment so as to pass SELLER's interests until said drafts,notes and/or 14.DEFAULT.TERMINATION.In the event that PURCHASER becomes insolvent,commits an act of trade acceptances are paid in fun.Risk of loss shall pass to PURCHASER at the delivery point. bankruptcy or defaults in the performance of any term or condition of this Agreement,the entire unpaid portion of 4.PAYMENT TERMS.SELLER reserves the tight to ship the Products and be paid for such on a pro rata basis, the purchase price shall,without notice or demand,become immediately due and payable.SELLER at its option, as shipped If payments are not made by the due date,interest at a rate of two percent(2%)per month,calculated without notice or demand,shall be entitled to one for said balance and for reasonable legal fees,plus out-of-pocket daily,shall apply from the due date for payment.PURCHASER is liable to pay SELLER'S legal fees and all other expenses and interest;and/or to enter any place where the Products are located and to take immediate possession of expenses in respect of enforcing or attempting to enforce any of SELLER'S rights relating to a breach or threatened and remove the Products,with or without legal process;and/or retain all payments made as compensation for the breach of the payment tern by PURCHASER.. use of the Products:and/or resell the Products,without notice or demand,for and on behalf of the PURCHASER, ;,TAXES.Unless otherwise specifically provided in SELLER'S quotation/proposal;PURCHASER shall pay and to apply the net proceeds from mob sale(after deduction from the sale price of all expenses of such sale and all and/or reimburse SELLER,in addition to the price,for all sales,use and other taxm,excises and charges which expenses of retaking possession,repairs necessary to put the Products in saleable condition storage charges,taxes, SELLER may pay or be required to pay to any government directly or indirectly in connection with the production, liens,collection and legal fees and all other expenses in connection therewith)to the balance then due to SELLER sale,transportation,and/or use by SELLER or PURCHASER,of any of the Products or services dealt with herein for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such (whether the same may be regarded as personal or real property).PURCHASER agrees to pay all property and balance.PURCHASER hereby waives all trespass,damage and claims resulting from any such entry,repossession, other taxes which may be levied,assessed or charged agabst or upon any of the Products on or after the date of removal,retention,repair,alteration and sale.The remedies provided in this paragraph are in addition to and not actual shipment or placing into storage for PURCHASER'S account. limitations of any other rights of SELLER. 6. MECHAMCAL WARRANTY.Solely foe the benefit of PURCHASER, SELLER warrants that new 15.CANCELLATION.PURCHASER may terminate this Agreement for convenience upon giving SELLER equipment and parts manufactured by it and provided to PURCHASER(collectively,"Products")shall be free from thirty(30)days prior written notice of such fact and paying SELLER for all cats and expenses(including defects in material and workmanship. The warranty period shall be twelve(12)months from startup of the overhead)incurred by it in performing its work and closing out the some plus a reasonable profit thereon.All such equipment not to exceed eighteen(18)months from shipment.If any of SELLER'S Products fail to comply with costs and expenses shall be paid to SELLER within ten(10)days of the termination of the Agreement or be the foregoing warranty,SELLER shall repair or replace free of charge to PURCHASER,EX WORKS SELLER'S subject to an additional late payment penalty of five percent(5%)of the total amount of cats and expenses owed. FACTORIES or ether location that SELLER designates,any Product or parts thereof returned to SELLER,which J6,REMEDIES The rights and remedies of the PURCHASER in connection with the goods and services examination shall show to have failed under normal use and service operation by PURCHASER within the provided by SELLER hereunder are exclusive and limited to the rights and remedies expressly stated in this Warranty Period;provided,that if it would be impracticable for the Product or part thereof to be returned to Agreement. SELLER.SELLER will send a representative to PURCHASER's job site to inspect the Product If it is determined 17.INSPECTION.PURCHASER is entitled to make reasonable inspection of Products at SELLER's facility. after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof,SELLER SFI I ER reserves the right to determine the reasonableness of the request and to select an appropriate time for such shall bear the transportation costs of(a)returning the Product to SELLER for inspection or sending its inspection. All aunts of inspections not expressly included as an itemized part of the quoted price of the Products representative to the job site and(b)returning the repaired or replaced Products to PURCHASER;however,if it is in this Agreement shall be paid by PURCHASER. determined after inspection that SELLER is not liable under this warranty,PURCHASER shall pay those cats.For IS,WAIVER.Any failure by SELLER to enforce PURCHASER's strict performance of any provision of this SELLER to be liable with respect to this warranty,PURCHASER must make its claims to SELLER with respect to Agreement will not constitute a waiver of its right to subsequently enforce such provision m any other provision of this warranty in writing no later than thirty(30)days after the date PURCHASER discovers the basis for its this Agreement. warranty claim and in no event more than thirty(30)days after the expiration of the Warranty Period.In addition to 19,COMPLIANCE WITH LAWS.If applicable laws,ordinances,regulations or conditions require anything any other limitation or disclaimer with respect to this warranty,SELLER shall have no liability with respect to any different from,or in addition to,that called for by this Agreement SELLER will satisfy such requirements at of the following:(i)failure of the Products,or damages to them,due to PURCHASER's negligence or willful PURCHASER'S written request and expense. misconduct,abuse or improper storage,installation,application or maintenance(as specified in any manuals or 20,FORCE MAJEURE,If SELLER is rendered unable,wholly or in material part,by raison of Force Majeure to written instructions that SELLER provides to the PURCHASER);(ii)any Products that have been altered or carry out any of its obligations hereunder,then on SELLER's notice in writing to PURCHASER within a repaired in any way without SELLER'S prior written authorization;(iii)The costs of dismantling and reinstallation reasonable time after the occurrence of the cause relied upon,such obligations shall be suspended"Force Majeure" of the Products;(iv)any Products damaged while in transit or otherwise by accident;(v)decomposition of Products shall include,but not be limited to,acts of God,laws and regulations,stokes,civil disobedience or unrest, by chemical action,erosion or corrosion or wear to Products or due to conditions of temperature,moisture and dirt; lightning,fire,flood.washout,storm,communication lines failure,delays of the PURCHASER or PURCHASER's or(vi)claims with respect to parts that are consumable and normally replaced during maintenance such as filter subcontractors,breakage or accident to equipment or machinery,wars,police actions,terrorism,o:nbarga,and any media,filter drainage belts and the like,except where such parts are not performing to SELLER'S estimate of other causes that are not reasonably within the control of the SELLER.If the delay is the resuh of PURCHASER's normal service life,in which case,SELLER shall only be liable for the pro rata cost of replacement of those pats action or inaction,then in addition to an adjustment in time,SELLER shall be entitled to reimbursement of costs based on SELLER'S estimate of what the remaining service life of those parts should have been;provided,that incurred to maintain its schedule. failure of those pars did not result from any of the matters listed in clauses(i)through(v)above.With regard to 21.INDEPENDENT CONTRACTOR It is expressly understood that SELLER is an independent contractor,and third-party parts,equipment,accessories or components not of SELLER'S design,SELLER'S liability shall be that neither SELLER nor its principals,partners,parents,subsidiaries,afilata,employees or subcontractors arc limited solely to the assignment of available third-party warranties.THE PARTIES AGREE THAT ALL servants,agents,partners,joint ventures or employees of PURCHASER in any way whatsoever. OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF FITNESS FOR A 22.SEVERABILITY.Should any portion of this Agreement,he held to be invalid or unenforceable under PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR applicable law that the validity of the remaining portions thereof shall not be affected by such invalidity or STATUTORY,ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.All warranties unenforcrability and shall remain in full force and effect.Furthermore,any invalid or unenforceable provision shall be and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreement modified accordingly within the confutes of applicable law,giving maximum permissible effect to the patties'intentions including but not limited to any failure to pay any charges due to SELLER.SELLER'S quoted price for the expressed herein. Products is basal upon this warranty.Any increase in warranty obligation may be subject to an increase in price. a price. V J This Agreement shall be governed and construed in accordance 7. CONFIDENTIAL INFORMATION. All nonpublic information and data furnished to PURCHASER with the laws of the State of Utah,without regard to its rules regarding conflicts or choice of law.The parties hereunder,including but not limited to price,size,type and design of the Products is the sole property of SELLER submit to the jurisdiction and velure of the state and federal courts located in Salt Lake City,Utah. and submitted for PURCHASER'S own confidential use solely in connection with this Agreement and is not to be 24.ASSIGNMENT,PURCHASER shall not assign or transfer this Agreement without the prim written consent made known or available to any third party without SELLER'S prior written consent. of the SELLER. Any attempt to make such an assignment or transfer shall be null and void. SELLER shall have 8.PAINTING, The Products shall be painted in accordance with SELLER'S standard practice,and purchased the authority to assign,or otherwise transfer,its rights and obligations in connection with this Agreement,in whole items such as motors,controls,speed reducers,pumps,etc.,will be painted in accordance with manufacturers' or in part,upon prior written notice to PURCHASER. standard practices,unless otherwise agreed in writing. 25,LIMITATION ON LIABIWTY,TO THE EXTENT PERMISSIBLE BY LAW,SELLER SHALL 9.DRAWINGS AND TECHNICAL DOCUMENTATION.When PURCHASER requests approval of drawings HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE before commencement of manufacture,shipment may be delayed if approsed drawings are not returned to COST OF CORRECTING ANY DEFECTS,OR IN THE ABSENCE OF ANY DEFECT,IN EXCESS OF SELLER within fourteen(14)days of receipt by PURCHASER of such drawings for approval.SELLER will THE VALUE OF THE PRODUCTS SOLD HEREUNDER NOTWITHSTANDING ANY LIABILITIES furnish only general arrangement, general assembly,and if required, wiring diagrams, erection drawings, OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER,SELLER SHALL IN NO EVENT BE installation and operation-maintenance manuals for SELLER'S equipment(in English language). SELLER will RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY,WHETHER ARISING UNDER CONTRACT, supply six (6)complete sets of drawings and operating instructions. Additional sets will he paid for by TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF PURCHASER.Electronic files,if requested from SELLER,will be provided in pdf,jpg or tit"format only. ANTICIPATED PROFITS. LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR 10,SET OFF.This Agreement shall be completely independent of all other contracts between the parties and all INCREASED EXPENSE OF OPERATION,SERVICE INTERRUPTIONS,COST OF PURCHASED OR payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money REPLACEMENT POWER,COST OF MONEY,LOSS OF USE OF CAPITAL OR REVENUE OR ANY due or claimed to be due from SELLER to PURCHASER on account t of any other transaction or claim. OTHER INDIRECT, INCIDENTAL,SPECIAL,PUNITIVE,EXEMPLARY,OR CONSEQUENTIAL except for archival or security purposes;b)not to use the program on any computer other than the computer with LOSS OR DAMAGE,WHETHER ARISING FROM DEFECTS,DELAY,OR FROM ANY OTHER which it is supplied;and c)to limit access to the program to those of its employees who are necessary to permit CAUSE WHATSOEVER authorized use of the program PURCHASER agrees to execute and be bound by the terms of any software license REVISION DATE—SEPTEMBER 2010 Ovivo USA,LLC I 4246 Riverboat Road,Suite 300,Salt Lake CO,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.com PROPOSAL I Q2018033-CL 17 July 18 US MUNICIPAL& INDUSTRIAL FIELD SERVICE RATE SHEET Effective January 2018 Standard (Travel) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Standard (Labor) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Saturday Daily Rate (8 hour day) $ 1,800.00 Hourly Rate (4 hour minimum) $ 225.00 Sundays/Holidays * Daily Rate (8 hour day) $ 2,400.00 Hourly Rate (4 hour minimum) $ 300.00 Overtime Hourly Rate -Standard Day $ 225.00 Hourly Rate—Sundays & Holidays $ 300.00 For all hours worked over eight(8) hours per standard day and Saturdays Sunday& Holiday requests will be billed at the double-time rate UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note: • All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10% and documentation will be provided for these expenses. If a fixed Per Diem rate is required, it will be charged at $250.00 per day (lodging and meals) with the exception of the East Coast where the price will be $300.00). Travel/Labor on Saturday will be billed at the overtime rate. Travel/Labor on Sunday or Holidays will be billed at the double-time rate. • Use of Ovivo Fleet vehicles for travel will be charged at the rate of$0.54 per mile. Ovivo USA,LLC 1 4246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.com r t f s i i i i l z e i i DATE(MWDDIYYYI) A R CERTIFICATE OF LIABILITY INSURANCE I 7/12/2018 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,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 succhh/endoorsement(s). PRODUCER Brown&Brown Northwest NAME Susan Wilson PHONE INC,Not: 541.494-2758 3256 HIlicrest Park Drive FAX /AI(:,Nn Firth 541494-2658 Medford, OR 97504 ADDRESS:�: swilsonAbbnw.com INSURERS)AFFORDING COVERAGE NAICO www.bbnw.com INSURERA: American Stabs Insurance Company 19704 INSURED INSURER e: Travelers Casualty and Surety Co America 31194 10030 11 ap Enterprises, I S INSURER C: Westchester Fre Insurance Compam 115 W.rd OR 97501 Suite 202 INSURER 0: INSURER B: INSURER F: COVERAGES CERTIFICATE NUMBER: 43110091 REVISION NUMBER:ISSUED TO THE INSURED NAMED ABOVE FOR THE POCY THIS IS TO THAT THE POLICIES OF INDICATED. OWVITHSTANDING ANY REQUIREMENT, LISTED CTERM OR C NDm N OF BANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOUWHICH THOIS 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 FBY PAID CLAIMS. LIMITS ADDLSuOR LTR TYPE OF INSURANCE DM WVD POLICY NUMBER IMN/DDIYYYYI (MN/DO/Mil 4/1/2018 4/1/2019 EACH OCCURRENCE 51,000,000 A (X)mMERCULLG4LERALLIAeum 010161337260 DAMAGE IORENTED CLAIMS-MADE / OCCUR PREMISES(Ea ocamerKe) $1,000,000 MED SIP(Any one person) 510,000 PERSONAL6ADV INJURY $1,000,000 GFNP AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 21000,000 POLICY n EC fl LOC PRODUCTS-COMP/OP AGO $2,000,000 I $ OTHER 4/1/2018 4/1/2019 COMBINED SINGLE MIT 31,000,000 A AUTOMOBRELU 8tfl 010187585720 IEae 'Jdcd1 BODILY INJURY(Per person) 3 ,/ OWNEDO SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS PROPERTY DAMAGE 3 NON-OWNED (Per PROPERTY DD — HIRED __ AUTOS ONLY UMNIM Liability 31,000,000 A UMBRELLA LIAR _ occult 0181J42715270 4/1/2018 4/1/2019 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 E1(CES9 LV15 CLAIMS-MADE AGGREGATE DED I I I RErENRON 610,000 I STAME I I E r WORKERS COMPENSATION ANDEMPLOYBRS•DABUIIY Y/N EL EACH ACCIDENT 6 A(Mandatory (-i NIA EL DISEASE-EA EMPLOYEE $ OFaCEtoryIn EREXCUIDED9 I I Uea.desa In NH) EL DISEASE-POLICY MT 3 Uyes,apucewrier DOLL B Bond St t tort') below 104657918 1/1/2018 1/1/2019 Limit$30,000 B Empl yme t Practice) 627433121005 4/1/2018 4/1/2019 Limit$1,000,000/$2,000.000 Aggregate A Employment Practices Ienbllity 010168337260 4/1/2018 4/1/2019 Limit 5100,000 Deduct$1,000 A Leased/Rented Equipment DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mare space Is required) 1._. g per attachedlendiorsement C 78350207 dSubjecttto policy terms,limits,conditions Aggregate of Subrogation when required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and Its elected officials, officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland OR 97520 ::::RESENTARVB 1 -t] ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 43110091 1 002602 110-19 GL/Auto Cart I Susan Wilson 1 7/12/2010 3:44,54 FM (PDT) I Page 1 of 9 • COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place (Section II : after you cease to be a tenant in INSURED ( ) any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", 'property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 78 35 02 07 Page 1 of 4 EP 43110091 1 001602 110-19 m✓A"to Cart I Susan Wilson 1 7/12/2010 3244.54 PM (PDT) I Page 2 of 5 (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", 'property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto° is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" arising out of: (2) Supervisory, inspection or engineering services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the `products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hide insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged;or (b) the operation of any of the machin- No coverage will be provided if, in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2),or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion I. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j. Damage To Property entrustment to others of any aircraft, "auto" Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 43110091 1 002602 118-19 GL/Auto Cart I Susan Wilson 1 7/12/2018 3:44:54 PM (POT) I Page 3 of 5 • any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGE A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the 'property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section 119 replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section I) is replaced rented to you, or in the case of damage by fire, by the following: while rented to you or temporarily occupied by you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence limit shown In the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. cG 76 35 02 07 Page 3 of 4 EP 43110091 1 002602 110-19 OL/Auto Cart I Susan Wilson 1 1/12/2018 3,44,54 Pit (PDT) I Page 4 of 5 • EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. 'Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph B. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in Itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS `products-completed operations hazard".This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit lions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations LIBERALIZATION CLAUSE at a single location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 43110091 1 003601 110-19 CL/Auto Cart 1 Susan Wilson 1 7/13/3015 3,44,54 PM [PDT) I Page 5 of 5 Client#:176711 KOGAENTEI . . - ACORDR, CERTIFICATE OF LIABILITY INSURANCE DATE(A7wDDIYYYII 711112018 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms end 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). r� yq PRODUCER NAMNr lit KC Ferguson Propel Insurance Maltz Ex),800 4994933 I{AIAC,No):866 577-1326 Medford Workers Compensation j EMAIL ; kc.ferguson@propellnsurance.com P 0 Box 936 INSURER(S)AFFORDING COVERAGE NAIL 0 Medford,OR 97601 INSURERA:MP nesamaMe 36196 INSURED INSURER B: KOGAP Enterprises,Inc. INSURER C: 115 W Stewart Ave.,Ste 202 INSURER 0: Medford,OR 97601 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 FORTH POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDruON OF ANY CONTRACT OR OTHER DOCUMENT WRH 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 POUCIES. UNITS SHOWN MAY HAVE BEEN p�R��EDCCUyyC�EEFDDF��BYpP�AIIDD EX CLAIMS. �N7A TYPE OF INSURANCE LAro POLICY NUMBER IA1M/UDIYYYIT (M1�IDDDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 I CIAIMSNADE ( 1 OCCUR FREaISE�nds) 5 MED EXP(Any ens person) I PERSONAL&ADV INJURY S GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S � I PRD- PRODUCTS-COMP/OP AGO S POUCYI 1 IJECT In LOC $ OTHER COMBINED SINGLE LAST AUTOMOBILE LIABILITY (Ea eeddenn S BODILY INJURY(Per person) 5 ALL AUTO BODILY INJURY(Per accident) 5 AUTOS TOOS SCHEDULED S NON-OWNED TROPERTY DAMAGE 5 — HIRED AUTOS _ AUTOS (Per occident) 5 UMBRELLA LUB OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEO I I RETENTION 3 5 A WORKERS COMPENSATION 754670 10/01/2017 10/01/2018 1PSinnrww I XW- AND EMPLOYERS L1118ILITY YIN El EACH ACCIDENT $1,086,000 ANY PROPRIETORIPARTNEILFXECUTNE OFFICER/MEMBER EXCLUDED? �I NIA EL.DISEASE-FA EMPLOYEE 51,000,000 (Mandatory m Nx7 Hyes,RIPTION OF OPERATIONS below deaDONeider El DISEASE-POLICY LIMIT $1,000,000 DESC . DESCmPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Romance Schedule,may be attached IT more spasm Is requIrest) 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 20-E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97620 AUTHORIZED REPRESENTATIVE I Sit Nada. ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD LAHOO #S32773131M2947410 Purchase Order ,I Fiscal Year 2019 Page: 1 of: 1 B City of Ashland 1:1 pray=a .L, Q w_us p:i_u - I ATTN: Accounts Payable Purchase L 20 E. Main 20190194 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Wastwater Treatment Plant EKOGAP ENTERPRISES, INC I 1195 Oak Street PO BOX 1608 P Ashland, OR 97520 O MEDFORD, OR 97501 T Phon541/552-2364 4 48 R O ®_zl®e ___`N :I.1=1 —°=75 a aJ� €?a 9 e(= l31€i;!1= �t�llesd=l?'Aa=14wam (541) 776-6547 David Gies _ j= g7. _ f5 ——_ —eF=le ae 08/30/2018 377 FOB ASHLAND OR Ci Accounts Payable dq€i - _ =��F-`i=7? 9]a-� Elece= _—.---€ —����°�!°!=—Ball ai _--___- _R t.,— Remove/replace Grit Rake Arm 1 Remove old grit rake arm and replace with new grit rake arm. 1 $13,250.0000 $13,250.00 Construction crew 5 days @ $2,650.00/day. Services Agreement Completion date: 11/15/2018 Project Account: GL SUMMARY 086100-602400 $13,250.00 • 3 - By: --- �i Date: 5 I3J` 1/66 orize ignature - tai $13,250.00 ` h E CUT !! OF AND L seune frao q r ".....6 ( o/1paerequesi Required date for delivery: I I Vendor Name iK SapGJ 61 fiw�ir/SCa Address,City,State,Zip // 5 reev ter Contact ame G Telephone r /�0 Cl hone Nr_mbe Fax Number p r .W(DFORJ7, O r2 9 7.�0 / ❑ ilUExempt from Competitive Bidding ❑ Emergency Reason for exemption: ❑ Invitation to Bid (Copies on file) Ult AMC 2.50 ❑ Form and Authorization Date approved by Council: ❑ Written quote or proposal attached - ❑ Written quote or proposal attached _(Attach copy of council communication) _(If council approval required.attach copy of CC) ❑ Small Procurement n Less than$5.000 0 Reauestr'or Proposal (Copies on 51e) Cooperative Procurement ❑ Direct Award Date approved by Council: ❑ State of Oregon ❑ Verbal/Writienquote(s)or proposal(s) , _(Attach copy of council communication) Contract eof Intermediate Procuremen ;. ❑ State of Washington GOODS&SERVICES 7 !mil Z- Sole Othergov ( 1s� P �(�,6,7w6) ❑ Othergovemmentagancycontract 55,000 to 5100,000 7 t .�]c mitten quote or proposal attached . Agency ❑ (3)Written quotes all/kirk-hop q dliie6 ❑ Form y4, Personal Services$5K to$75K Contract# PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement 55,000 to 575,000 0 ❑ Form#9,Request for Approval ❑ Agency ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposalsfvaritten solicitation Date approved by Council: (Date) ❑ Form V4, Personal Services$5K to$75K Valid until: (Date) —(Attach copy of council communication) BesmIcratiout ®J•SIER-VII©l=sS Thitag Cost gem aire O/Qy grit f4kc 0rM and cep/oc-c _/ lJ NaT T'a �x�re�l W r rlf Nt'w cc r t /leg ke a r nl ,. S . 3 Item a 1g Anna ra tj Malt Descant-kin-then CR th1&T i RMIL v! I / 1 1 !'�r��Price u m2aR Cost 019ys • elor rocbew CtCtc) al 6s��� /3 '2 [l Per Manedquoiefproposal I TOTAL COST • $l3 al be- Av_or :;:i=_FUa � 6_1 DV G Yap kg;ocm umi . e .. .. w -.h _ ma Jty::b97 .. .. e .. 'Expenditure must be charged to the appropriate account numbers for the financials to accurately react the actual expenditures. it 1*ass_1. in co..._Ct2:S'.?ii3:5'r .e pti2L-a-' :y.. .,.eil[ - _ -. .CC3��_:V]u-- _ N^i..:.IC t�'..'`.:}Ei.'..J tY1c paFiii=s2at it Dik(.,ir Data v. ppr —1493 tie_ By signin this requisi' form,l orgy. 1= t 9 9 !y� t the City's public contrecling requirements been satisfied. Employee: attrii r"/"- ---"- ' Departtment Head: tegte4 2oraT • Department Manager/Supervisor: eaterthan$5,000) City Administrator. (Equal to orgr ea er titan$25,0018 5,009)(Di, t e ir:1 - 3n'a s_af_:: c:t .�2i"rze - ' ' fatcet!ector-i='zzito etarat?:&^S].D°j7 Data. C ��L�° / COu �NN ©i 0ia F 2o . /B. (rind sAe wGS.eizi fu lave Someone ce//me . Na 4PS� ct Qs of S 2o-t Fonnf,3-Requisition d