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2023-009 PO 20230220 - Freshwater Trust,The
Purchase Order CITYEc oRb.E/MaFiscal Year 2023 Page: 1 of: 1 P. B City of Ashland ` _3 - -T� ATTN: Accounts Payable Purchase 20 E. Main 20230220 L Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V FRESHWATER TRUST, THE H C/O Public Works Department E700 SW TAYLOR ST I 51 Winburn Way SUITE 200 p Ashland, OR 97520 O PORTLAND, OR 97205 Phone: 541/488-5347 R Email: HEATHER@THEFRESHWATERTRUST.ORG T Fax: 541/488-6006 •--s e a-- a=}_r €-U. __-. _- �i's'_.iav� :ajci 6l a —= -� ..� _._=te'--� ...- -------- - __ Scott Fleu_. 01/19/2023 2959 FOB ASHLAND OR/NET30 • City Accounts Payable. WWTP Outfall DEQ Requirements 1 WVVTP Outfall Relocation Project Mitigation Monitoring and 1.0 $12,910.00 $12,910.00 ReOporting Service Requirements to DEQ Personal Services Agreement(Less than $35,000.00) Completion date: December 31, 2025 Project Account: E-201321-999 GL SUMMARY*************** 086100-704200 $12,910.00 I I I I • • i _ 61\ By: ► k Date: All) - Autto ze: ignature $12 910.00 { FORM'#3' P °( fr,�� O �D CITY OF A request for a Purchase Order ,ASHLAND REQUISITION Date of request: $-101/18/2023 ;` Vendor Name The Freshwater Trust Address,City,State,Zip 700 SW Taylor,Suite 200 Portland,OR 97205 Contact Name Katelyn Detweiler" , Telephone Number 503-222-9091 x41 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization O AMC 2.50 (Attach copy of council communication) ❑ Written quote or proposal attached _ ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: - Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency ❑ (3)Written quotes and solicitation attached ['Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency ❑■ Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. ❑ Special Procurement Agreement approved byLegal and approved/signed ❑(3)Written proposals/written solicitation El Form#9,Request for Approval g pp by III #4,Personal Services>$5K&<$75K City Administrator.AMC 2.50,070(4) ❑ Written quote or proposal attached Date approved by Council: ❑Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES - Total Cost 4 02116:Q0 00 ., ,, WWTP Outfall Relocation Project Mitigation Monitoring and Reporting Service Requirements to DEQ , , Item# Quantity Unit •Description of MATERIALS Unit Price Total Cost NI Per attached quote/proposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 2013-21 _ _ _ Account Number 086100 - 704200 $ 12,910.00 Project Number _ — — Account Number - $ , , . Project Number -— _ _ Account Number - $ ,_ _ _,_ _ _•_ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No Employee: Department Head: ����� I.111;20/-3 w'. _ .,:.I to o , eater than$5,000) Department Manager/Supervisor: City Administrator: - / (Equal to or greater 25,000) e7 -72 Funds appropriated for current fiscal year NO ,.....2 l t� 1 _ �� Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Reauisition PERSONAL SERVICES AGREEMENT (Less than $35,000.00) CONSULTANT: THE FRESHWATER TRUST CITY OF • CONSULTANT'S CONTACT: KATELYN DETWEILER -AS H LAN D ADDRESS: 700 SW TAYLOR, SUITE 200 20 East Main Street PORTLAND, OR 97205 Ashland,Oregon 97520. Telephone: 541/488-5587 TELEPHONE: (503)222-9091 x41 Fax: 541/488-6006 EMAIL: katelyn@a,,thefreslwatertrust.org This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and THE FRESHWATER TRUST,a domestic professional corporation ("hereinafter "Consultant"), for WWTP Outfall Relocation Project _Mitigation Monitoring and Reporting Service Requirements to DEQ. NOW THEREFORE,in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective ori the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than December 31,2025. 2. Scope of Work: Consultant will provide WWTP Outfall Relocation Project Mitigation Monitoring and Reporting Service Requirements to DEQ, as more fully set forth in the Consultant's Proposal dated 1/4/2023,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense,perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service,to which they will be assigned in a skilled and worker-like manner and,if required to be registered,licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page 1 of 6: Personal Services Agreement with THE FRESHWATER TRUST. 6. Compensation: City shall pay Consultant the NOT TO EXCEED sum of$12,910.00 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $12,910.00 without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within 30 days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work product or deliverables produced as specified in Exhibit A of this Agreement shall become the physical property of the City. To the extent the Work product and deliverables incorporate pre-existing intellectual property of Consultant, Consultant hereby grants City a perpetual,fully paid,nonexclusive and nontransferable license to use such pre-existing property for City's purposes as specified in Exhibit A. Consultant retains ownership of any and all copyright,patent, trademark,proprietary or any other protected intellectual property rights included in, or delivered with, the Work product or deliverables. The City has a perpetual,royalty-free license to use the Work. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$20,688.86 or more, Consultant 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 B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, or damages resulting from injury to any person(including injury resulting in death), or damage(including loss or destruction)to any property,of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant,its officers,employees, and agents. To the extent permitted under the Oregon Tort Claims Act, City hereby agrees to defend, indemnify, save, and hold Consultant, its officers,employees, and agents harmless from any and all losses, claims,actions, costs, expenses, judgments,or damages resulting from or caused by the negligence or wrongful acts of City, its officers, employees, and agents. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered.by certified mail or in person. c. For Cause. City may terminate or modify this Agreement, in-whole or in part,effective upon delivery of written notice to Consultant,or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Page 2 of 6: Personal Services Agreement with THE FRESHWATER TRUST. t Agreement or are no longer eligible for the funding proposed for payments authorized by this • Agreement;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For.Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination. Further,upon termination, Consultant shall deliver to City all Agreement documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if consultant: commits any material breach or default of any covenant,warranty,certification,or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general Page 3 of 6: Personal Services Agreement with THE FRESHWATER TRUST. 4 assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit,or.the equivalent, of not less than $2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. c. 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,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent,of not less than $1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 16. Nondiscrimination: Consultant 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 any Work under this Agreement when employed by'Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant 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. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant 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 6: Personal Services Agreement with THE FRESHWATER TRUST. ti (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,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 Consultant; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,rules or doctrines. Any claim,action, suit or proceeding(collectively, "the claim")between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. _ 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN.THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to,allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with THE FRESHWATER TRUST. 22. Certification. Consultant shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. CITY OF ASHLAND: THE FRESHWATER TRUST (CONSULTANT): Afk.a- By: �'• :,d Signature &oTC' y Kimberlee Obilana Printed Name Printed Name 1. <<3 • Zo�3 VP of People&Operations Date Title 1/18/2023 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) Page 6 of 6: Personal Services Agreement with THE FRESHWATER TRUST. EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of perjury, certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and(b)Consultant is not subject to backup withholding because: (i)it is exempt from backup withholding, or pi)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding: Consultant further represents and warrants to City that: (a)it has the power and authority to enter into and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the highest professional standards, and(d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. X (1)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3)Telephone listing is used for the business separate from the personal residence listing. X (4)Labor or services are performed only pursuant to written contracts. X (5)Labor or services are performed for two or more different persons within a period of one year. X (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties, errors and omission (professional liability)insurance or liability insurance relating to the Work or services to be provided. _ A 1/18/2023 Consultant Kimberlee Obilana Date VP of People & Operations The Freshwater Trust Page 1 of 1 EXHIBIT C • -� It_ _ _ ' CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating sa ment of a living wase. $117.02 per hour, effective June 30, 2022. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a employee's time in that month D In calculating the living wage, living wage: working on a project or portion of employers may add the value of business of their employer, if the health care,retirement,401K and IRS employer has ten or more employees, eligible cafeteria plans(including and has received financial assistance childcare)benefits to the amount of for the project or business from the wages received by the employee. D For all hours worked under a service City of Ashland in excess of contract between their employer and $24,050.68. D Note: For temporary and part-time the City of Ashland if the contract employees,the Living Wage does not exceeds$24,050.68 or more. D If their employer is the City of apply to the first 1040 hours worked in Ashland,including the Parks and any calendar year. For more details, > For all hours worked in a month if the Recreation Department. please see Ashland Municipal Code employee spends 50%or more of the Section 3.12.020. For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,20 East Main Street,Ashland,OR 97520,or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1 EXHIBIT B } The Freshwater Trust protects and restores TE FRESH`A'ATE R freshwater ecosystems.Using science,technology YYand incentive-based solutions,we're changing the TRUST' course of conservation on a timeline that matters. WWTP Outfall Relocation Project Proposal Date 1/4/2023 Background: . The Freshwater Trust(TFT)is an Oregon-based non-profit organization with a mission to preserve and restore freshwater ecosystems.In 2018,TFT entered into a contract with the City of Ashland to develop and implement a"water quality trading"(WQT)program for the City of Ashland (the City).More recently,the City request TFT steward,monitor and report on the establishment of streamside vegetation at the WWTP outfall relocation project.Because the project is part of a mitigation planting,it contains detailed performance standards including requirements for irrigation,native herbaceous cover,invasive species cover and woody vegetation stem density.The revegetation project will not only satisfy the permit requirements,but will also contribute to cooler stream temperatures,weed suppression,bank stability,wildlife resources and aesthetic improvement. Proposal The Freshwater Trust(TFT)proposes a Scope of Work comprised of the following possible tasks: Task 1: Project Management Timelines or Schedules: January 1,2023-December 31,2025 Estimated Cost:$3,637 Deliverables: A) The Trust will provide a project manager to lead on successful plant establishment across in order to achieve or exceed standards associated with permit 61768_RF Renewal,including two years irrigation, three years stewardship,as built reporting,annual monitoring and annual project reporting,in relation to the DSL permit requirements outlined in Attachment A. Task 2: Maintenance and Monitoring Timelines or Schedules: April 1,2023-December 31,2025 Estimated Cost:$7,152 Deliverables: A) The Trust will hire and oversee licensed contractors to run irrigation for two years on the project site and conduct stewardship for a minimum of 3 years on the project site. B) The Trust will collect data in the field annually using the DSL Mitigation Monitoring Vegetation Spreadsheet or a similar format as described in DSL's Routine Monitoring Guidance for Vegetation to evaluate the project in relation to performance standards detailed in the 61768_RF Renewal permit requirements. ' r Task 3: Reporting Timelines or Schedules: January 1,2023—December 31,2025 Estimated Cost:$2,122 Deliverables: A) The Trust will provide as built report within 90 days of initial planting the project. B) The Trust will provide an annual vegetation monitoring report by December 1st of each year for minimum 3 growing seasons after completion of the initial plantings. C) Monitoring reports will be formatted according to the guidelines for reporting in 61768_RF Renewal permit requirements and will report on the following performance standards:native herbaceous species cover,invasive species cover and native tree and shrub stem density. Table 1:Timeline for proposed scope of work. 2023 2024-2025 Timing Spring Summer Fall Spring Summer Fall Project Mechanical Chemical Chemical Mechanical mow Chemical treat Chemical treat Activity mow treat treat noxious weeds noxious weed re- noxious weeds noxious noxious noxious sprouts,as weeds weed re- weeds Chemical treat needed Clean up srouts as non- noxious weed re degradable trash Chemical p Winterize sprouts as Irrigate native like pin flags, needed treat irrigation needed plantings browse cages noxious Irrigate and irrigation weed re- native Apply Irrigate native Mechanical mow, infrastructure sprouts as plantings fertilizer to plantings as needed needed plantings Draft annual Mechanical vegetation As built mow as Draft annual monitoring reporting needed vegetation report monitoring report Number Maintenance crews of 1 staff about 4 Maintenance crew of 1 staff about 2 time/month of Visits/ times/month Size of TFT Project Managers about once every other month TFT Project Managers about once every (usually with maintenance crews) Crew other month(usually with maintenance crews) Total Estimated Cost:$12,910 700 SW Taylor Street Suite 200 r THE Portland,'OR 97205 FRESHWATER 503-222-9091 TRUST www.thefreshwatertrust.org • De'partment of State Lands Permit No.: 61768-RF Renewal 775 Summer Street, Suite 100 Permit Type: Removal/Fill Salem, OR 97301-1279 Waters: Wetland/Ashland Creek/Bear Creek 271 503-986-5200 County: Jackson Expiration Date: October 3, 2021 CITY OF ASHLAND IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE REFERENCED APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The permit holder must obtain all necessary access permits or rights-of-way before entering lands owned by another. 2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit. 3. All ,work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action, which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. Employees of the Department of State Lands (DSL) and all duly authorized representatives of the Director must be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 6. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within twenty-one (21) calendar days of the date this permit was issued. 7. In issuing this permit, DSL makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project's design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390, and related administrative rules. 8. Permittee must defend and hold harmless the State of Oregon, and its officers, agents and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements. 9. Authorization from the U.S. Army Corps of Engineers may also be required. NOTICE: If removal is from state-owned submerged and submersible land, the permittee must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged or submersible lands,you must comply with ORS 274.905 to 274.940 if you want a transfer of title; public rights to such filled lands are not extinguished by issuance of this permit.This permit does not relieve the permittee of an obligation to secure appropriate leases from DSL,to conduct activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact Department of State Lands, 503-986-5200. Lauren Brown, Aquatic Resource Coordinate, Aquatic Resource Management f Oregon Department of State Lands / / L.. September 22, 2020 �� t orized S gnature Date • ATTACHMENT A Permit Holder: City of Ashland Project Name: WWTP Outfall Relocation Project Special Conditions for Removal/Fill Permit No. 61768-RF READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR PERMIT. The project site may be inspected by the Department of State Lands (DSL) as part of our monitoring program. A copy of this permit must be available at the work site whenever authorized operations are being conducted. 1. Responsible Party: By signature on the application, Paula Brown is acting as the representative of City of Ashland. By proceeding under this permit, City of Ashland agrees to comply with and fulfill all terms and conditions of this permit, unless the permit is officially transferred to another party as approved by DSL. In the event information in the application conflicts with these permit conditions, the permit conditions prevail. 2. Authorization to Conduct Removal and/or Fill: This permit authorizes removal and fill of material in T38S R01 E Section 33, Tax Lot 1900 and in T39S R01 E Sections 04B/04BB/05AA, Tax Lots 1500/4700, 4800/400 in Jackson County, as referenced in the application, map and drawings (See Attachment B for project location), with a final date of April 10, 2019 and summarized as follows: Summary of Authorized Wetland Impacts Permanent Temporary • Wetland# Acres Removal Fill Acres Removal Fill (cy) (cy) (cy) (cy) WD2015-0369 I 0.08 1,290 1,900 I 0.09 216 216 Total: I 0.08 1,290 1,900 I 0.09 216 216 Summary of Authorized Waterway Impacts Permanent Tempora Waterway Name Linear Ft. Removal Fill Linear Ft. Removal Fill (cy) (cy) (cy) (cy) Stream SO1 8.5 3 3 8.5 7 7 Ashland Creek 14 11 15 20 3 6 Bear Creek 15 7 17 19 4 4 Ashland Pond 13 10 1 60 4 4 Total: I 50.5 31 36 I 107.5 18 21 3. Work Period in Jurisdictional Areas: Fill or removal activities below the ordinary high water elevation of Ashland Creek and Bear Creek must be conducted between June 15 and September 15, unless otherwise coordinated with Oregon Department of Fish and Wildlife and approved in writing by DSL. If fish eggs are observed within the project area, work must cease, and DSL contacted immediately. Attachment A 61768-RF Renewal Page 3 of 12 4. Changes to the Project or Inconsistent Requirements from Other Permits: It is the permittee's responsibility to ensure that all state, federal and local permits are consistent and compatible with the final approved project plans and the project as executed. Any changes made in project design, implementation or operating conditions to comply with conditions imposed by other permits resulting in removal-fill activity must be approved by DSL prior to implementation. 5. DSL May Halt or Modify: DSL retains the authority to temporarily halt or modify the project or require rectification in case of unforeseen adverse effects to aquatic resources or permit non- compliance. 6. DSL May Modify Conditions Upon Permit Renewal: DSL retains the authority to modify conditions upon renewal, as appropriate, pursuant to the applicable rules in effect at the time of the request for renewal or to protect waters of this state. Pre-Construction 7. Local Government Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a Development Permit and reviewed for Physical/Environmental Constraints from the City of Ashland, Jackson County. 8. Stormwater Management Approval Required Before Beginning Work: Prior to the start of construction, the permittee must obtain a National Pollution Discharge Elimination System (NPDES) permit from the Oregon Department of Environmental Quality (DEQ), if one is required by DEQ. 9. Pre-construction Resource Area Fencing or Flagging: Prior to any site grading, the boundaries of the avoided wetlands, waterways, and riparian areas adjacent to the project site must be surrounded by noticeable construction fencing or flagging. The marked areas must be maintained during construction of the project and be removed immediately upon project completion. General Construction Conditions 10.Water Quality Certification: The Department of Environmental Quality (DEQ) may evaluate this project for a Clean Water Act Section 401 Water Quality Certification (WQC). If the evaluation results in issuance of a Section 401 WQC, that turbidity condition will govern any allowable turbidity exceedance and monitoring requirements. 11.Erosion Control Methods: The following erosion control measures (and others as appropriate) must be installed prior to construction and maintained during and after construction as appropriate, to prevent erosion\and minimize movement of soil into waters of this state. a. All exposed soils must be stabilized during and after construction to prevent erosion and sedimentation. b. Filter bags, sediment fences, sediment traps or catch basins, leave strips or berms, or other measures must be used to prevent movement of soil into waterways and wetlands. c. To prevent erosion, use of compost berms, impervious materials or other equally effective ' methods, must be used to protect soil stockpiled during rain events or when the stockpile site is not moved or reshaped for more than 48 hours. d. Unless part of the authorized permanent fill, all construction access points through, and staging areas in, riparian and wetland areas must use removable pads or mats to prevent Attachment A 61768-RF Renewal Page 4 of 12 soil compaction. However, in some wetland areas under dry summer conditions, this requirement may be waived upon approval by DSL. At project completion, disturbed areas with soil exposed by construction activities must be stabilized by mulching and native vegetative plantings/seeding. Sterile grass may be used instead of native vegetation for temporary sediment control. If soils are to remain exposed more than seven days after completion of the work, they must be covered with erosion control pads, mats or similar erosion control devices until vegetative stabilization is installed. e. Where vegetation is used for erosion control on slopes steeper than 2:1, a tackified seed mulch must be used so the seed does not wash away before germination and rooting. f. Dredged or other excavated material must be placed on upland areas having stable slopes and must be prevented from eroding back into waterways and wetlands. g. Erosion control measures must be inspected and maintained as necessary to ensure their continued effectiveness until soils become stabilized. h. All erosion control structures must be removed when the project is complete, and soils are stabilized and vegetated. 12.Fuels, Hazardous, Toxic, and Waste Material Handling: Petroleum products, chemicals, fresh cement, sandblasted material and chipped paint, wood treated with leachable preservatives or other deleterious waste materials must not be allowed to enter waters of this state. Machinery and equipment staging, cleaning, maintenance, refueling, and fuel storage must be at least 150 feet from OHW or HMT and wetlands to prevent contaminates from entering waters of the state. Refueling is to be confined to a designated area to prevent spillage into waters of this state. Barges must have containment system to effectively prevent petroleum products or other ' deleterious material from entering waters of this state. Project-related spills into waters of this state or onto land with a potential to enter waters of this state must be reported to the Oregon Emergency Response System (OERS) at 1-800-452-0311. 13.Archaeological Resources: If any archaeological resources, artifacts or human remains are encountered during construction, all construction activity must immediately cease. The State Historic Preservation Office must be contacted at 503-986-0674. You may be contacted by a Tribal representative if it is determined by an affected Tribe that the project could affect Tribal cultural or archeological resources. 14.Construction Corridor: There must be no removal of vegetation or heavy equipment operating or traversing outside the designated construction corridor or footprint (Plan C-01 Outfall Pipe Plan). 15.Hazards to Recreation, Navigation or Fishing: The activity must be timed so as not to unreasonably interfere with or create a hazard to recreational or commercial navigation or fishing. 16.Operation of Equipment in the Water: Heavy equipment may be positioned on or traverse the area below ordinary high water or highest measured tide only when the area is free of flowing or standing water. 17.Work Area Isolation: The work area must be isolated from the water during construction in accordance with the,work area isolation plan in the application. All structures and materials used to isolate the work area must be removed immediately following construction and water flow returned to pre-construction conditions. Attachment A 61768-RF Renewal Page 5 of 12 18.Fish Salvage Required: Fish must be salvaged from the isolation area. Permits from NOAA Fisheries and Oregon Department of Fish and Wildlife, Fish Research are required to salvage fish. Fish salvage permit information may be obtained by contacting ODFW Fish Research at 503-947-6254 or Fish:Research a(�state.or.us. 19.Fish Passage Required: The project must meet Oregon Department of Fish and Wildlife requirements for fish passage. 20.Fish Screens: Fish screens must be reviewed and approved by ODFW. 21.Raising or Redirecting Water: The project must not cause water to rise or be redirected and result in damage to structures or property on the project site as well as adjacent, nearby, upstream, and downstream of the project site. 22.Temporary Ground Disturbances: All temporarily disturbed areas must be returned to original ground contours at project completion. Riprap Placement 23.Riprap Placement Methods: Riprap/rock must be placed under the following conditions: a. Only clean, erosion resistant rock from an upland source must be used as riprap. No broken concrete or asphalt must be used. b. Riprap rock must be placed in a manner that does not increase the upland surface area. c. Riprap must be placed in a way as to minimize impacts to the active stream channel. d. Gravel or filter fabric should be placed behind the riprap rock, including the toe trench rock, as a filter blanket. e. All riprap rock must be placed, not dumped, from above the bank line. 24.Riprap Must Be Covered: Riprap above ordinary high water elevation must be covered and the voids filled with soil, gravel, and /or mulch sufficient to allow the performance standards to be achieved and wildlife to move across it naturally. 25.Planting in Riprap Required: Riprap must be planted as shown in the application, (Plan C-04 Bear Creek Outfall Project). Planting of native woody vegetation must be completed during the time of year that provides the optimal chances of survival immediately following construction. Rectification of Temporary Impacts 26.Site Rectification Required for Temporary Impacts: Site rectification for temporary impacts to 0.09 acres of wetland and 107.5 linear feet of non-wetlands waters must be conducted according to the rehabilitation plan - Section 9 of the application. Failure to rectify the site may result in additional compensatory mitigation. 27.Pre-construction Elevations Must Be Restored Within the Same Construction Season: Construction activities within areas identified as temporary impact must not exceed two construction seasons and rectification of temporary impacts must be completed within 24 months of the initiation of impacts. However, if the temporary impact only requires one construction Attachment A 61768-RF Renewal Page 6 of 12 season, re-establishment of pre-construction contours must be completed within that same construction season, before the onset of fall rains. 28.Woody Vegetation Planting Required: Planting of native woody vegetation must be completed before the next growing season after re-establishment of the pre-construction contours. Compensatory Mitigation Bank Credits 29.Wetland Mitigation Bank Credit Purchase: Mitigation for the unavoidable loss of 0.08 acres of slope, palustrine emergent wetland has been accomplished via purchase of 0.08 credits from the Rogue Valley Wetland Mitigation Bank, per the proof of purchase. 30.Non-wetland Waters Mitigation: The unavoidable loss of 15 lineal feet of Bear Creek, 14 lineal feet of Ashland Creek, 8.5 lineal feet of waterway S01, and 13 lineal feet of Ashland Pond, totals 374 square feet. Planting of approximately 65 lineal feet of Bear Creek totaling 500 square feet will be planted with native shrubs and trees. 31.Non-wetland Waters Mitigation Site Location: The mitigation must be conducted on-site. The center-point of the mitigation site is 42.215969 degrees Latitude, -122.719436 degrees Longitude. The current legal description is Township 38S. Range 01E, Section 33, Tax Lot 1900 as shown on Figure 6. Monitoring and Reporting Requirements 32.Post-Construction Report Required: A post-construction report demonstrating as-built conditions and discussing any variation from the approved plan must be provided to DSL within 90 days of revegetation. The post-construction report must include: a. Photos from fixed photo points. This should clearly show the site conditions, and any signage, and fencing required. b. A narrative that describes any deviation from the approved mitigation plan. 33.Annual Monitoring Reports Required: Monitoring is required until DSL has officially released the site from further monitoring. The permittee must monitor the site to determine whether the site is meeting performance standards for a minimum period of 3 growing seasons after completion of all the initial plantings. Annual monitoring reports are required and are due by December 1. Failure to submit the required monitoring report by the due date may result in an extension of the monitoring period, forfeiture of the financial security and/or enforcement action. 34.Extension of the Monitoring Period: The monitoring period may be extended, at the discretion of DSL, for failure of the site to meet performance standards for the final two consecutive years without corrective or remedial actions (such as irrigation, significant weed/invasive plants treatment or replanting) or when needed to evaluate corrective or remedial actions. 35.Contents of the Annual Monitoring Report: The annual monitoring report must include the following information: r , Attachment A 61768-RF Renewal Page 7 of 12 a. Completed Monitoring Report Cover Sheet, which includes permit number, permit holder name, monitoring date, report year, performance standards, and a determination of whether the site is meeting performance standards. b. Site location maps that clearly shows the impact site and mitigation site boundaries. c. Site Plan that clearly shows at least the following. 1. The area planted with trees and shrubs, with the square foot area listed. 2. Current tax lot and right-of-way boundaries. 3. Permanent monitoring plot locations that correspond to the data collected and fixed photo-points. These points should be overlaid on the as-built map. 4. Planted riparian area clearly identified separately and the area (square foot or acreage) of each noted. d. A brief narrative that describes maintenance activities and recommendations to meet success criteria. This includes when irrigation occurred and when the above ground portion of the irrigation system was or will be removed from the site. e. Data collected to support the conclusions related to the status of the site relative to the performance standards listed in this permit (include summary/analysis in the report and raw data in the appendix). Data should be submitted using the DSL Mitigation Monitoring Vegetation Spreadsheet or presented in a similar format as described in DSL's Routine Monitoring Guidance for Vegetation. f. Photos from fixed photo points (include in the appendix). g. Other information necessary or required to document compliance with the performance standards listed in this permit. 36.Corrective Action May Be Required: DSL retains the authority require corrective action in the event the performance standards are not accomplished at any time within the monitoring period. Performance Standards To be deemed successful, the mitigation area must meet the following performance standards, as determined by DSL: 37.Irrigation Required: The site must be irrigated for 2 years after planting. 38.Native Species Cover: The cover of native species, as defined in the USDA Plants Database, in • the herbaceous stratum is at least 60%. 39.Invasive Species Cover: The cover of invasive species is no more than 10%. A plant species should automatically be labeled as invasive if it appears on the current Oregon Department of Agriculture noxious weed list, plus known problem species including Phalaris arundinacea, Mentha pulegium, Holcus lanatus, Anthoxanthum odoratum, and the last crop plant if it is non-, native. Non-native plants should be labeled as such if they are listed as non-native on the USDA Plants Database.-Beginning in Year 2 of monitoring, DSL will consider a non-native plant species invasive if it comprises more than 15% cover in 10% or more of the sample plots in any habitat class and increases in cover or frequency from,the previous monitoring period. Plants that meet this definition should be considered invasive for all successive years of monitoring. After the site has matured to the stage when desirable canopy species reach 50% cover, the cover of invasive understory species may increase but may not exceed 30%. Attachment A 61768-RF Renewal Page 8 of 12 40.Woody Vegetation: The density of woody vegetation is at least 1,600 live native plants (shrubs) and/or stems (trees) per acre OR the cover of native woody vegetation on the site is at least 50%. Native species volunteering on the site may be included, dead plants do not count, and the standard must be achieved for 2 years without irrigation. Monitoring and Reporting Schedule • Report Requirements Schedule Post-Construction Post-construction report 90 days after completion of revegetation First Annual Report Establishment of permanent After one growing season of all monitoring locations proposed plantings Vegetation performance standards Second Annual Report Vegetation performance standards After two growing seasons Third Annual Report(or final report if Vegetation performance standards After three growing seasons the monitoring period has been extended) 1 k ATTACHMENT B Permit Holder: City of Ashland Project Name: WWTP Outfall Relocation Project c Maps and Drawings for Removal/Fill Permit No. 61768-RF *3 ' ' $' ° '-'W � � r I OH V<CHL)tt t. A t„,$.wdr4:* 10, _ ` �r ::'':'4,41; :' ' At t k Y "k .+ Z '',1-1-7-:'-'.:11" .n" fir +` r ' ;1 +�s > }� I ," oil ti`s -' 4. F r w°Y' Jsf n 1. le, .;• a.. B.°+,t' .g', {,, ,�- { ). 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":+r^� GreYmAewar _ _ __ _ at+a "`` Y R I �"` ` h;`M1G t rt". "'1•tsr. ... °+,` f. AI i .# i s l'. r SC NII Name _ Form _0.ale_ fDcnnry- j -�� 4. �x "+ � � "',t. `• sA�,�^ r d R s✓`�''t����.'�` �+ � � '�"�� 1,,,7C Yi,f C,1 �� i '. �. Fesrura iu6ra xP-1u6ro V.�ieed �S2lbflac.�0 .31hs �,¢, 1„�$ � • yam, �,� ����```���""".,N""" �,�, �•.,,�\ h f`*��• ..Fl�! `'i ttt Sx t»; w a � j;. - ��`..[a1�Ira 6 .� K ,+"i :" �: .,y�jt '�.�7a..� �'�,'� i r.,r.J X` �y � to"s. t �.x 1 � ��� �':..: k'�' f i_ .Y te)�n +�...'A : "t f �".+.+w. � ""�' r ;�, ,*s v �_k t""o' ,.'^ r'' � a r.s:..., ' � �i(Yt 'ri �•,r ��.'�"" 'r°• ''� < � I �d,^ i . "� s r wy �iOt: '+ ,�'' t-.";i '1.` ,� �5.� �.,. ' Aehlen_WWlYe:a x ^ #` ., r op `5.1 ati}a�y y ,� �E ( . I, LtfSrz, o I zoo i ado lnar.{tt w 'r b, e . iiia 2 ilk=sem' w1,0 le: } *f• ,gIrt. ,,i 2 (x' Feet `'" p7k i + 1inch'=150 feet • 7-4t7.':''' � -1:413‘.��,(� �`' t �� ,��t=� .^ s.'tv HI � a #`# ��°� ''-.41-1 t �`s FIGURE 6 It ' •t ,.�( D ,r>n• 6..,..,_ . f J r ` +-� k ) i'3 ''°`$s "� � s r .� h .' Ashlars sOutf Outfall Reloction plan .� � �" Ashland Outfall Relocation ,.; 'r• `� 1`' - ."_ er 4',.i 41 '�i >$' ` CityofAslilandWWTP ' ® DATE(MM/DD/YYYY) `�O CERTIFICATE OF LIABILITY INSURANCE 1/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A,CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Emily David Durham and Bates Insurance PHONE FAX No):503-542-0660 1211 SW 5th Ave. (AIC.No.Ext):503-796-1647 A Ste 2800 ADDRESS: emilyd@dbates.com Portland OR 97204 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Co -_ 24856 INSURED INSURER B:Saif Corporation 36196 The Freshwater Trust 700 SW Taylor St Suite 200 INSURER c:Ohio Security Insurance Company 24082 Portland OR 97205 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:145851978 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. IPOLICY EXP NSR ADDLTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM/DD//YYYYY) (MMIDD/YYYY) LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY FEIECC13456 3/1/2022 3/1/2023 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $2,000,000 PRO X POLICY JECT LOC PRODUCTS-COMP/OP AGG $2;000,000 - OTHER: $ C AUTOMOBILE LIABILITY BAS56761929 3/1/2022 3/1/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLA LIAB X OCCUR FEIEXS13457 3/1/2022 3/1/2023 EACH OCCURRENCE $4,000,000 ' X EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 936923 1/1/2023 1/1/2024 X AND EMPLOYERS'LIABILITY STATUTE ER YN ANYPROPRIETORIPARTNER/EXECUTIVE NN N/A E.L.EACH ACCIDENT $500,000 • OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Professional Liab FEIECC13456 3/1/2022 3/1/2023 General Aggregate 1,000,000 Retro:3/01/2012 Ded Per Wrongful Act 25,000 Claims-Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Excess Liability Policy sits over Professional Liability Additional Insureds-refer to attached coverage form(s). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 CC-7) // I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • 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 a 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) I 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 RECOVERY AGAINST 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 GI Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you (13 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 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 • a 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 recoveryof 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 rjs (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. a 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 liigh 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 6 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 • N gb 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.5. 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,Iess, 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 N " 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.5. 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 + (61, •amp ADMIRAL . cE The Freshwater Trust Endorsement Number: 16 Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization This endorsement, effective 3/1/2022, attaches to and forms a part of Policy Number FEI-ECC-13456-09. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person(s) or organization(s)whom the Named Those project locations where this Insured agrees, in a written contract, to name as an endorsement is required by contract. additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: CG 20 10 04 13 ©ISO Properties, Inc. f r ADMIRAL:ca' ';a The Freshwater Trust This insurance does not apply to"bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connectionwith such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits.of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 ©ISO Properties, Inc. 49) pp1NIRAL t; r The Freshwater Trust Endorsement Number: 17 Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement, effective 3/1/2022, attaches to and forms a part of Policy Number FEI-ECC-13456-09. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organization(s): Completed Operations Any person(s) or organization(s)whom the Named Insured Those project locations where this agrees, in a written contract, to name as an additional insured. endorsement is required by contract. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by"your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 ©ISO Properties, Inc.,2016