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2019-175 20200036 Viking Autmatic Sprinkler Co
• GOODS & SERVICES AGREEMENT PROVIDER: Viking Automatic Sprinkler Company CITY OF PROVIDER'S Stanley West ASH LAN D CONTACT: 20 East Main Street Ashland,Oregon 97520 ADDRESS: 4961 Industry Drive Telephone: 541/488-5587 Medford, OR 97502-1200 Fax: 541/488-6006 PHONE: 541-773-1052 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Viking Automatic Sprinkler Company, a domestic business corporation("hereinafter"Provider"), for fire sprinkler inspections and replacements. 1. PROVIDER'S OBLIGATIONS 1.1 Provide fire sprinkler inspections and replacements for FY20 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 fmal 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 Viking Automatic Sprinkler Company • 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.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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$4,995 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$4,995 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 279B.220, 279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Viking Automatic Sprinkler Company • • 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws Exclusive venue for litigation of an action arising under this Agreement shall be in the principles. any g l�' 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 Inspection Cost Sheet dated April 30, 2019. 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, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Viking Automatic Sprinkler Company • 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—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: Viking Automatic Sprinkler Company Attn: Stanley West 4961 Industry Drive Medford, OR 97502-1200 541-773-1052 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. Page 4 of 5: Agreement between the City of Ashland and Viking Automatic Sprinkler Company • 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: Vikin utomatic S rinkler Company(PROVIDER): By: lm-- By: al.. - =` /t Signature Signa Printed Name Printed Name Title Title / %KL r za/5 — i9 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. 0 ,2-e, g 6 Page 5 of 5: Agreement between the City of Ashland and Viking Automatic Sprinkler Company VIKING AUTOMATIC SPRINKLER COMPANY 4961 Industry Drive Medford, Oregon 97502-1200 FIRE PROTECTION Tel: (541) 773-1052 Fax: (541) 773-1609 pIRE PROTECTION CONrRACrOR S SINCE 1930 Date:4-30-19 INSPECTION COST SHEET ALL: We are pleased to offer the following information as per our services. The inspection fees are as follows, Inspection/Service rate:$122 per/hour(Includes Van up to 60 miles from Medford) $1.00 per mile after 60 miles. • Travel expenses to be paid on travel over 100 miles. ($100.00 a day) Inspection fee per facility: ($55.00) Compliance fees$12.00 if applicable(Check with Local Fire Marshal) Viking Automatic Sprinkle Co can offer the following: 1) Quarterly Inspection 2) Semi Annual Inspection 3) Annual Inspection 4) 5-Year Inspection 5) Flushing of the underground piping 6) Fire pump testing 7) Out dated sprinkler head testing 8) Emergency Fire System repairs 9) Underground piping installs and repairs If you have any questions,please give us a call. Thank you, Best regards, Wan Sdfufbi Dan Schultz Viking Automatic Sprinkler Company 1-541-773-1052 OFFICE# 1-541-621-8352 CELL# OREGON CORPORATION WASHINGTON CORPORATION IDAHO CORPORATION PORTLAND •MEDFORD SEATTLE • LONGVIEW MERIDIAN • POCATELLO CCB#64837 CLN#VIKINAS373NT LIC#FPSC-003 Client#: 131358 VIKIAUTO2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 511 712 17120 0 1 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sara Sellin Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 INC.No,En): (A/C,No Portland Commercial Insurance E-MAIL ADDRESS: Sara.Sellin@propelinsurance.com P 805 SW Broadway,Suite 2300 • INSURER(S)AFFORDING COVERAGE •NAIC# Portland, OR 97205-3363 INSURER A:Nautilus Insurance Company 17370 INSURED INSURER B:SAIF Corporation 36196 Viking Automatic Sprinkler Co Zurich American Insurance Company 16535 INSURER C: P Y 3245 NW Front Ave INSURER D:Ohio Security Insurance Company 24082 Portland, OR 97210 INSURER E: INSURER F: . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. R TYPE OF INSURANCE INSR WVD POLICY NUMBER PMJDDYYEFF MIDD INSR (MOLIC YYY) LIMITS EFF (POLICY EXP A X COMMERCIAL GENERAL LIABILITY ECP200453317 01/31/2019 01/31/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES IEa occu ence) $100,000 X BI/PD Ded:5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JEOT LOC PRODUCTS-COMPJOPAGG $2,000,000 OTHER: WA Stop Gap $1,000,000 D AUTOMOBILE LIABILITY BAS58498771 01/31/2019 01/31/2021 COMa aBINEccitleD $ SINGLE LIMIT 1,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) A UMBRELLAUAB X OCCUR FFX200453417 01/31/2019 01/31/2021 EACH OCCURRENCE $6,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s6,000,000 OED X RETENTION$0 $ WORKERS COMPENSATION MUTE 763948(OR) 10/01/2018 10/01/201• X STATUTE ER AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC9696108 10/01/2018 10/01/20191 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A ' (Mandatory in NH) (CA,ID, MT,AK) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution ECP200453317 01/31/2019 01/31/200 1,000,000 1 5,000 Ded A Professional Liab ECP200453317 01/31/2019 01/31/202011 1,000,0005,000 Ded A Microbial Subst ECP200453317 01/31/2019 01/31/200 1,000,000 15,000 SIR DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Excess policy is following form over General,Auto, Employers, Pollution and Professional Liability. • CERTIFICATE HOLDER CANCELLATION of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE I • ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3654163/M3531670 LKE00 This page has been left blank intentionally. • ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED — COVERAGE A, B & D — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in the policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. E COVERAGES PARTS A AND B—GENERAL LIABILITY El COVERAGE D—CONTRACTORS POLLUTION LIABILITY SCHEDULE Any person or organization that you are required by written contract or agreement Name of Person or Organization: to include as an additional insured. Any location. Job Description/Location: SECTION III —WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) shown in the schedule above. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organization(s) and included in the products-completed operations hazard. 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of out pollution conditions that are the results of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organization(s) and included in the products-completed operations hazard. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) shown in the schedule above. ECP 1005 08 16 Page 1 of 2 ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1005 08 16 Page 2 of 2 • ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. ® COVERAGES PARTS A AND B—GENERAL LIABILITY 0 COVERAGE D—CONTRACTORS POLLUTION LIABILITY Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required by written contract or agreement to include as an additional insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 1. SECTION III—WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shown in the schedule above, but only with respect to their liability arising out the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s). 2. With respect to the insurance afforded to the person(s) or organization(s) scheduled above, their status as an insured ends when their contract or agreement with you for such leased equipment ends. 3. The coverage provided by this endorsement shall not apply to: a. Claims or suits based upon or arising from an actual or alleged act, error or omission in the performance of professional services of the person(s)or organization(s) shown in the schedule above. b. Any occurrence which takes place after the equipment lease expires. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 10513 0816 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED — ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. ® COVERAGES PARTS A AND B—GENERAL LIABILITY D COVERAGE D—CONTRACTORS POLLUTION LIABILITY SECTION III —WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, the architects, engineers or surveyors not engaged by the Named Insured to which you are required to provide additional insured status in a written contract or written agreement, except where such contract or agreement is prohibited by law. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts and omissions of those acting on your behalf; In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering or failure to render any professional services. a. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions caused, in whole or in part, by: a. Your acts or omissions; or b. The acts and omissions of those acting on your behalf; In the performance of your work performed by you or on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1080 08 16 Page 1 of 1 • ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SCHEDULE Designated Construction Projects: All projects of the named insured. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I—COVERAGE A which can be attributed only to ongoing operations as shown in the schedule above: 1. A separate Designated Construction Project Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations page. 2. Except for damages because of bodily injury or property damage included in the products-completed operations hazard, the Designated Construction Project Limit is the most we will pay for the sum of all damages under SECTION I—COVERAGE A regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 3. Any payments made under SECTION I —COVERAGE A for damages shall reduce the Designated Construction Project Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations page nor shall they reduce any other Designated Construction Project Limit, except as affected by the Designated Construction Project Aggregate Limit described below. 4. The limits shown in the Declarations page for Each Occurrence and Damage to Premises Rented to you continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Limit. 5. a. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under the Designated Construction Project Limit, described in 1. and 2. above. b. Regardless of the number of construction projects or designated construction projects covered under this policy, the most we will pay as the Designated Construction Project General Aggregate is $2,000,000 per project. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I —COVERAGE A which cannot be attributed only to ongoing operations as shown in the schedule above: 1. Any payments made under SECTION I —COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. ECP 1021 10 06 Page 1 of 2 • C. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations • hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, • or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION IV — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ECP 1021 10 06 Page 2 of 2 • ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. NOTICE OF CANCELLATION TO DESIGNATED ENTITIES SCHEDULE Name of Person(s) or Organization(s) Per written request(s) of the named insured on file with the company In consideration of an additional premium of$150 and notwithstanding anything contained in the policy to the contrary, it is hereby agreed and understood if the Company cancels this policy on or before the expiration date of the policy, the Company will mail or deliver to the person(s) or organization(s) shown in the schedule above, written notice of cancellation to the address included above not less than 30 days prior to the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply for the following reasons: a. non-payment of premium, or b. the policy is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2217 06 18 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION — SCHEDULED ENTITIES It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against the person(s) or organization(s) shown in the schedule below, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver of subrogation has been included before loss as part of a written contractual undertaking by the Named Insured. This waiver of subrogation shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such person(s) or organization(s) shown in the schedule below and shall not be construed to be a waiver of subrogation with respect to other operations of such person(s) or organization(s) shown in the schedule below in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the person(s) or organization(s) shown in the schedule below, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver of subrogation does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the person(s) or organization(s) shown in the schedule below against whom subrogation is to be waived is found to be solely negligent. SCHEDULE Name of Person(s) or Organization(s): Any person or organization that you are required by written contract or agreement to provide a waiver of subrogation. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. • ENV 2013 06 18 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: FOLLOW FORM EXCESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required by written contract or agreement to include as an additional insured. Paragraph 8. Of Section III —Conditions is deleted and replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Form. (2) The insurance provided under this Coverage Form will not seek contribution from any other insurance available to an additional insured, provided that: (a) The additional insured is a Named Insured under such insurance; (b) The additional insured is shown in the Schedule; and (c) You have agreed in writing in a contract or agreement that this insurance would not seek contribution from any other insurance available to the additional insured. When this insurance is excess, if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the ultimate net loss that exceeds: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Form; plus (2) The total of all deductible and self-insured amounts under all that other insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. FFX 8011 08 18 Page 1 of 1 • SCHEDULE OF FORMS AND ENDORSEMENTS Policy Number: ECP2004533-17 Named Insured: Viking Automatic Sprinkler Co. [FORMS ATTACHED TO AND MADE A PART OF THIS POLICY: FORM NUMBER FORM TITLE E001J 03 17 Nautilus Policy Jacket ENV PA CLAIMS 11 18 Policyholder Notice-Claim Reporting Information ENV DEC 08 12 Common Policy Declarations ECP SUPP 03 14 Environmental Combined Policy Supplemental Declarations ENV FORMS 09 10 Schedule of Forms and Endorsements ECPO 1000 06 18 Environmental Combined Policy BSUM-1200 (09-16) Additional Insured—Owners, Lessees or Contractors—Scheduled Person or Organization—Hoffman Corporation Projects BSUM-1200 (09-16) Additional Insured—Owners, Lessees or Contractors—Completed Operations— Schuchart Corporation Projects BSUM-1200 (09-16) Additional Insured—Owners, Lessees or Contractors—Completed Operations— Hoffman Corporation Projects BSUM-1200 (09-16) Deductible Endorsement BSUM-1200 (09-16) Additional Insured -Owners, Lessees or Contractors-Scheduled Person or Organization/Sellen Construction Projects BSUM-1200 (09-16) Waiver of Transfer of Rights of Recovery Against Others to Us-Venture General Contracting LLC Projects BSUM-1200 (09-16) Additional Insured—Owners, Lessees or Contractors—Scheduled Person or Organization—Schuchart Corporation Projects BSUM-1200 (09-16) Amendment to Pollution—Products Liability Exclusion BSUM-1200 (09-16) Amendment to Professional—Products Liability Exclusion BSUM-1200 (09-16) Waiver of Transfer of Rights of Recovery Against Others to Us—Schuchart Corporation Projects BSUM-1200 (09-16) Waiver of Transfer of Rights of Recovery Against Others to Us—Lease Crutcher Lewis WA LLC Projects BSUM-1200 (09-16) Additional Insured -Owners, Lessees or Contractors-Completed Operations/Sellen Construction Projects BSUM-1200 (09-16) Amendment to the Definition of Professional Services BSUM-1200 (09-16) Waiver of Transfer of Rights of Recovery Against Others to Us—Skanska Projects BSUM-1200 (09-16) Waiver of Transfer of Rights of Recovery Against Others to Us—Hoffman Corporation Projects IL 12 02 01 16 Office of Foreign Asset Control (OFAC) Exclusion Endorsement S020 (04-05) Service of Suit ECP 1005 08 16 Additional Insured-Coverage A, B & D-Scheduled Person or Organization ECP 1016 08 16 Employee Benefit Liability Coverage ECP 1020 08 16 Employer's Liability(Stop Gap) ECP 1021 10 06 Designated Construction Project(s) General Aggregate Limit ECP 1024 06 18 Contractual Liability-Railroads ECP 1031 08 16 Microbial Substance Coverage ECP 1054 06 18 Exclusion -Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program ECP 1055 06 18 Absolute Unsolicited Communications Exclusion ECP 1056 06 18 Exclusion -Financial Services ENV FORMS 09 10 Page 1 of 2 • ECP 1058 08 16 Additional Insured - Lessor of Leased Equipment ECP 1080 08 16 Additional Insured—Engineers, Architects or Surveyors Not Engaged By The Named Insured ECP 1097 11 18 Unauthorized Access Or Disclosure Of Confidential Or Personal Information and Data- Related Liability ENV 2006 03 13 Earned Premium and Composite Rate ENV 2009 06 18 Exterior Insulation and Finish Systems (EIFS) Exclusion ENV 2013 06 18 Waiver of Subrogation -Scheduled Entities ENV 2216 11 16 Named Insured Endorsement • ENV 2217 06 18 Notice of Cancellation to Designated Entities ENV 2225 10 18 Exclusion of Certified Acts of Terrorism ENV FORMS 09 10 Page 2 of 2 SCHEDULE OF FORMS AND ENDORSEMENTS Policy Number: FFX2004534-17 Named Insured: Viking Automatic Sprinkler Co. FORMS ATTACHED TO AND MADE A PART OF THIS POLICY: FORM NUMBER FORM TITLE E001J 03 17 Nautilus Policy Jacket ENV PA CLAIMS 11 18 Policyholder Notice-Claim Reporting Information FFX DEC 07 18 Excess Liability Policy Declarations ENV FORMS 09 10 Schedule of Forms and Endorsements FFX 8000 07 18 Excess Liability Insurance Policy IL 12 02 01 16 Office of Foreign Asset Control (OFAC) Exclusion Endorsement S020 (04-05) Service of Suit ENV 2012 01 12 Earned Premium and Flat Rate ENV 2013 06 18 Waiver of Subrogation-Scheduled Entities ENV 2216 11 16 Named Insured Endorsement ENV 2217 06 18 Notice of Cancellation to Designated Entities ENV 2225 10 18 Exclusion of Certified Acts of Terrorism FFX 8002 07 18 Schedule of Underlying Insurance FFX 8010 07 18 Exclusion-Cross Suits Liability FFX 8011 08 18 Noncontributory-Other Insurance Condition • • • ENV FORMS 09 10 Page 1 of 1 %�1 Coverage Is Provided In: Policy Number: .=a Liberty Ohio Security Insurance Company BAS (20) 58 49 87 71 P Mutual. INSURANCE From Period:/3 /2 From 01/31/2019 To 01/31/2020 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent VIKING AUTOMATIC SPRINKLER CO (503) 467-7540 3245 NW FRONT AVE PROPEL INSURANCE PORTLAND, OR 97210 805 SW BROADWAY STE 2300 PORTLAND, OR 97205-3363 POLICY FORMS AND ENDORSEMENTS • This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S)Applicable AC 00 31 01 14 Changes In Your Policy WA ID OR AC 01 15 08 17 Washington Changes WA AC 21 09 01 16 Oregon Uninsured Motorists Coverage - Bodily Injury OR AC 22 02 01 16 Oregon Personal Injury Protection OR AC 84 59 06 14 State Application Of Terrorism Exclusion Endorsements Involving Nuclear, WA ID OR Biological Or Chemical Terrorism AC 85 01 06 18 Business Auto Coverage Enhancement Endorsement ID WA OR CA 00 01 03 06 Business Auto Coverage Form WA ID OR CA 01 18 11 13 Idaho Changes ID CA 01 49 01 10 Oregon Changes OR CA 21 34 01 08 Washington Underinsured Motorists Coverage WA CA 21 87 01 10 Oregon Uninsured Motorists Coverage - Property Damage (Private Passenger Types) OR CA 23 45 11 16 Public or Livery Passenger Conveyance and On - Demand Delivery Services WA ID OR Exclusion CA 23 85 01 06 Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism WA ID OR CA 23 87 01 06 Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism Above WA ID OR Minimum Statutory Limits - In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey Paul Condrin Secretary President To report a claim, call your Agent or 1.800-362-0000 DS 70 21 11 16 01/30/19 58498771 N0199294 221 NCAFPPNO INSURED COPY 003085 PAGE 16 OF 152 Coverage Is Provided In: �Vt. Policy Number: raa� Liberty Ohio Security Insurance Company BAS(20) 58 49 87 71 ' /pit` MUtUdl' Policy Period: INSURANCE From 01/31/2019 To 01/31/2020 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent VIKING AUTOMATIC SPRINKLER CO (503) 467-7540 0 3245 NW FRONT AVE PROPEL INSURANCE o PORTLAND, OR 97210 805 SW BROADWAY STE 2300 PORTLAND, OR 97205-3363 — POLICY FORMS AND ENDORSEMENTS - CONTINUED $ —_ This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. - FORM NUMBER TITLE STATE(S)Applicable CA 23 89 01 06 Alaska Exclusion of Terrorism Involving Nuclear, Biological or Chemical WA ID OR Terrorism Above Minimum Statutory Limits CA 23 93 01 06 Washington Exclusion of Terrorism Involving Nuclear, Biological or Chemical WA ID OR Terrorism CA 85 47 12 93 Temporary Substitute Auto - Physical Damage Insurance WA ID OR CA 85 53 12 93 Recreational Trailers and Boat Trailers WA ID OR CA 86 84 01 09 Idaho Uninsured Motorists Coverage ID CA 86 85 06 12 Idaho - Underinsured Motorists Coverage ID CA 88 70 07 13 State Application Of Pollution Liability - Broadened Coverage Covered Autos - ID OR WA Business Auto,Motor Carrier And Truckers Coverage Form CA 99 03 03 06 Auto Medical Payments Coverage OR ID WA CA 99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos - Business Auto, ID OR WA Motor Carrier and Truckers Coverage Forms IL 00 17 11 98 Common Policy Conditions ID OR IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) ID OR IL 01 23 11 13 Washington Changes - Defense Costs WA IL 01 42 09 08 Oregon Changes - Domestic Partnership OR IL 01 46 08 10 Washington Common Policy Conditions WA • • To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 01/30/19 58498771 N0199294 221 NCAFPPNO INSURED COPY 003085 PAGE 17 OF 152 Coverage Is Provided In: Policy Number: 1 . �:aa'. Liberty Ohio Security Insurance Company BAS(20) 58 49 87 71 • ! Mutual. Policy Period: INSURANCE From 01/31/2019 To 01/31/2020 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent VIKING AUTOMATIC SPRINKLER CO (503) 467-7540 3245 NW FRONT AVE PROPEL INSURANCE PORTLAND, OR 97210 805 SW BROADWAY STE 2300 PORTLAND, OR 97205-3363 POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S)Applicable IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) WA IL 02 04 09 08 Idaho Changes - Cancellation and Nonrenewal ID IL 02 79 09 08 Oregon Changes - Cancellation and Nonrenewal OR UA OR 03 09 15 Uninsured/Underinsured Motorists Coverage And Limit Options Oregon OR I To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 01/30/19 58498771 N0199294 221 NCAFPPNO. INSURED COPY 003085 PAGE 18 OF 152 This page has been left blank intentionally. COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE•(Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or.permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, .or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 • 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of"loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance 0 y AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE • Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A.Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or"loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE,A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 ' • 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN /LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 C. SECTION V-DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 •21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of"accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: . 25. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 This page has been left blank intentionally. • • www.saif.com sai Fcorpora t ion Carrier No: 20001 Endorsement No: WC000313 Policy No: 763948 Agency: VIKING AUTOMATIC SPRINKLER COMPANY SHON DEVRIES 3245 NW FRONT AVE PROPEL INSURANCE PORTLAND, OR 97210-1509 805 SW BROADWAY STE 2300 PORTLAND, OR 97205 Waiver of Our Right to Recover From Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: ALL OPERATIONS Contractor Name: PERSONS AND/OR ORGANIZATIONS WITH WHOM THE INSURED-EMPLOYER IS REQUIRED BY WRITTEN CONTRACT TO WAIVE SUBROGATION RIGHTS This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective Date: 10-01-2018 This endorsement is part of your policy. This endorsement amends and controls anything to the contrary. It is otherwise subject to all other terms of your policy. Countersigned 10-15-2018 at Salem, Oregon) cwt._ 430b Ker arnett, President and Chief Executive Officer • 400 High St SE I Salem,OR 97312 I P:800.285.8525 This page has been left blank intentionally. • • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you • perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US IN THE STATE OF IDAHO. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2018 Policy No. wc9696108 Endorsement No. Insured Zurich American Ins Co Premium$ Insurance Company Viking Automatic Sprinkler Company Countersigned By Courtney Sheldon WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance • This page has been left blank intentionally. • Purchase Order A Cn r°E '� Fiscal Year 2tt 020 Page: 1 of: 1 -1° t. _ = 1 , X11 11` `-- B City of Ashland I ATTN: Accounts Payable Purchase L 20 E. Main 20200036 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable @ashland.or.us ✓ H C/O Facilities Maintenance Div E VIKING AUTOMATIC SPRINKLER CO I 90 North Mountain Ave N 3245 NW FRONT AVE p Ashland, OR 97520 D PORTLAND, OR 97210 Phone: 541/488-5358 0 T Fax: 541/552-2304 R 0 503 227-1171 David Arnold 07/09/2019 928 FOB ASHLAND OR/NET30 Cit Accounts Pa able Fire Sprinkler Inspections 1 Fire sprinkler inspections and replacements for FY 20 1 $4,995.0000 $4,995.00 Goods & Services Agreement Completion date: 0/30/2020 Project Account: ............... GL SUMMARY............... 082400-602400 $4,995.00 I I I By eouk414 Date: l 1 't — - Authorized Signature a 0 k__.__ ._____ ..4 995.00 FORM #3 CITY OF pp ry c / 1 • ASHLAND r� ill •. ri] lit, ..D cl: P�JI�JJ�YIZ. ©Kg: rvvr REQUISITION �p C C D 0 ate of request 6/27/19 V Required date for delivery: Vendor Name Viking Automatic Sprinkler Company Address, City,State,Zip 4961 Industry Drive, Medford, OR 97502-1200 Contact Name&Telephone Number Dan Schultz 541-773-1052 Fax Number SOURCING METHOD ❑ Exempt from Competitive Biddina ❑ 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 Les than$5,000 ❑ Request for Proposal (Copies on file) 01 State of Oregon Direct Award Date approved by Council: Contract# ❑ VerbaWWritten 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 ❑ Special Procurement ❑ Agency p PERSONAL SERVICES 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 Valid until: (Date) ❑ Form#4,Personal Services$5K to$75K Description of SERVICES • Total Cost Fire sprinkler rinkler inspections and replacements for FY20 S 4 995.00 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 h... .are and software purchases: IT Director Date Support-Yes/No By signing thi -w e '1 to orm, , "'iffy th. the City's public contracting requirements have been satisfied. Employee Signature: .,4. '4 Department Head Signature: (Equal o 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