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HomeMy WebLinkAbout2022-055 PO 20230028- American Leak Detection . Purchase Order ,111114, raft CM' DEFscal Year 2023 Page: 1 of: 1 tom. n 'j ti:JzZ . _`ia wp=8 — fs , Di 1 0 _ B City of Ashland z-„ _ _ � I ATTN: Accounts Payable Purchase LL 20 Ashland, 20230028 OR 97520 Order# v T Phone: 541/552-2010 0 Email: payable@ashland.or.us V ' H C/O Facilities Maintenance Div E AMERICAN LEAK DETECTION 1 90 North Mountain Ave N 2831 BULLOCK RD • p Ashland, OR 97520 O MEDFORD, OR 97504 Phone: 541/488-5358 R T Fax: 541/552-2304 R �II~6�ill�efc!_ = p ffa�.1<�X��ti#i � n�: Sm� � h 1FY`1 4� � =1t�1s=iFi�_�� - -- (541) 535-5325 — — ----- ----:-tea ..,,@. _ __ _ David ArnoldArno_Id _ - -1-3t9[i1L74 - PIS{Uttaie=Ya—r`. -a-1 _t I;i � _"si: ;:t u :- P_ ZI li h1F_ 06/10/2022 328 _ FOB ASHLAND OR City Accounts Payable_ Water Detection Svcs FY 23 1 Water leak detection services FY 23 1.0 $2,000.00 $2,000.00 Goods and Services Agreement($35,000 or Less) Completion date: 06/30/2023 Project Account: *************** GL SUMMARY*************** 088400-602400 $2,000.00 • LrlrM ;:'L:;-- t---: i By: Date: ti Aut or ed ignature 2 000.00 FORM #3 CITY OF '4°? l� � t� °2-"° ASHLAND REQUISITION Date of request: 6/3/2022 • Required date for delivery: Vendor Name American Leak Detection Address,City,State,Zip 2821 Bullock Road,Medford,OR 97504 Contact Name&Telephone Number Shari Botermans 541-772-5325 sbotermansamericanleakdetection.com Email address SOURCING METHOD , ❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ® Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington -Date approved by Council: Contract# mm(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement , ❑ (3)Written bids and solicitation attached ❑ Form#4,Personal.Services$5K to$75K Agency • PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2,50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$51(to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES Total Cost Water leak detection services for FY23 $.2,000:00" • Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 1 $0 $0.00 $0 $0.00 $0 $0.00 El Per attached quote/proposal :TOTAL'COST Project Number: -_ _ Account Number; 088400-602400 $,$0:00; *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 aprdware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the Cr 's public contracting requirements have been satisfied. Employee: .Department Head: f'le2Z o or greater than$5,000) Department Manager/Supervisor: City Mager: (Greater than$35, o)/ Funds appropriated for current fiscal year.&/NO (9 "/��Z�... Finance Director-(Equal to or greater.than$5,000) Date Comments: Fnrm i!Z-Rcnnlcitinn GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: American Leak Detection CITY of PROVIDER'S AS H LAN D CONTACT: Shari Botermans 20 East Main Street Ashland,Oregon 97520 ADDRESS: 2821 Bullock Road Telephone: 541/488-5587 Medford, OR 97504 Fax: 541/488-6006 PHONE: 541-772-5325 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of { Ashland,an Oregon municipal corporation(hereinafter"City")and-American Leak Detection,(a domestic/foreign business corporation) ("hereinafter"Provider"),for water leak detection services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide water leak detection services for FY23 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. between the Cit of Ashland and American Leak Detection Page 1 of 6: Goods and Services Agreementy 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the hourly rates effective 5/26/2022 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$2,000 (this is maximum, not to exceed amount of ENTIRE Agreement) 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. Page 2 of 6: Goods and Services Agreement between the City of Ashland and American Leak Detection • 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. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City.and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its. officers, employees, contractors,or agents under this Agreement. 3.9 Neither partyto 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture.Provider shall transfer all warranties to the City. Page 3 of 6: Goods and Services Agreement between the City of Ashland and American Leak Detection • 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated May 26, 2022. 4.2 This Agreement and the 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 SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 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, 2023, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. • 6.2.2 The City may,upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: Page 4 of 6: Goods and Services Agreement between the City of Ashland and American Leak Detection City of Ashland—Facilities Maintenance Department Attn: David Arnold 20 E. Main Street • 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: American Leak Detection Attn: Shari Botermans 541-772-5325 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. E 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: ti 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply '' with: 5 (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 P the foregoing tax laws or provisions. 9.1.2 Provider,for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: t (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. Page 5 of 6: Goods and Services Agreement between the City of Ashland and American Leak Detection • 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: American Leak Detection (PROVIDER): By: —'-i _ ice_ By: ��1��L U?et�2l�rz�tord. dIEWign<.;� Signature Sear Fevuty Shari L. Botermans Printed Name Printed Name (w c.. tZECgU Manager Title Title L(7 I26/-Z 5/27/2022 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. A 0 Page 6 of 6: Goods and Services Agreement between the City of Ashland and American Leak Detection AMERICAN LEAK .•9� DETECTION THE ORIGINAL LEAK SPECIALISTS' May 26,2022 Nicole Graham City of Ashland 90 North Mountain Avenue • Ashland,OR 97520 Dear Nicole, Thank you for giving us the opportunity to provide leak detection service to the City of Ashland. The following is our current pricing: General leak detection on service lines and irrigation systems Two hour minimum$525 and$225 per hour thereafter Leak detection on large sized pipe or jobs requiring two technicians Two hour minimum$600 and$300 per hour thereafter Cause and origin investigations for water intrusion or damage Two hour minimum$525 and$225 per hour thereafter After hours or emergency response rates Overtime rate of 13i times standard rates on Saturday and 2x on Sunday Also I wanted to advise you that we are now a corporate owned location. The corporate entity is American Leak Detection,Inc.,located at 199 Whitney Ave.,Ste.2,New Haven,CT 06511. All correspondence still goes through our office as I continue to manage the location. } Sincerely, .),144/064/4/64/4" Shari L.Botermans Corporate Manager Oregon &SW Washington •2821 Bullock Road • Medford, OR 97504 541.772.5325 •fax 541.772.3148 www.AmericanLeakDetection.com Each office Is Independently ownedand operated �.MINI AMERLEA-03 LMITCHELTREE A. �n CERTIFICATE OF LIABILITY INSURANCE DA5i���zoz ) 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 Nendorsement(s). PRODUCER NAMEACT Lisa Mitcheitree Hollis D.Segur Inc. • (MCNE N ,Eat):(203)699-4579 4579 I FAX 10 Research Pkwy,Ste.400 E-MAIL (Arc,No): Wallingford,CT 0692 ADOREss:Imm@hdsegur.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Employers Insurance of Wausau 21458 INSURED INSURER B:Liberty Mutual Fire Insurance Company 23035 American Leak Detection Inc INSURER C:Liberty Insurance Corporation 42404 199 Whitney Ave INSURER D:Navigators Specialty insurance Company 36056 New Haven,CT 06511 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. INSRADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYYI (MMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR TBCZ11B9V9V4041 7/1/2021 7/1/2022 DAMAGETORENTED 500,000 X X PREMISES(Ea occurrence) S - MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X PE& LOC PRODUCTS-COMPIOP ASS $ 3,000,000 OTHER: SCOMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO AS2Z11B9V9V4021 7/1/2021 7/1/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED • AUTOSIEEONLY AUTOS p BODILYBp�� INJURY(Per accident) $ X AURTOs ONLY X ATOS ONLY (ragrRdentEAMAGE $ S C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 EXCESS LIAB CLAIMS-MADE • TH7Z11B9V9V4061 7/1/2021 7/1/2022 AGGREGATE $ 8,000,000 DED X RETENTION$ 10,000 S A WORKERS COMPENSATION • X STATUTE ETH AND EMPLOYERS'LIABILITY Y/N WCCZ11B9V9V4012 1/1/2022 1/1/2023 1,000,000 OFFICER/MEMBER EXCLUDED?ECUTIVE N N/A E.L.EACH ACCIDENT S (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Errors&Omissions • NY21MPL090072IC 7/1/2021 7/1/2022 each claim 1,000,000 D Errors&Omissions NY21MPL090072IC 7/1/2021 7/1/2022 Aggregate 2,000,000 , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Blanket additional insured and waiver of subrogation when required by written contract or agreement. City of Ashlandis included as Additional Insured for General Liability when required by written contract or agreement,subject to the terms and conditions of the insurance policy.Waiver of subrogation is included in favor of the Additional Insured when'required by written contract or agreement,subject to the terms and conditions of the insurance policy. J d E . CERTIFICATE HOLDER CANCELLATION il • SHOULD'ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. It 20 East Main Street E Ashland,OR 97520 i AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TBC-Z11-B9V9V4-041 Issued by Employers Insurance Co.Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees,Assignees or Receivers Owners,Lessees or Contractors Architects,Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured—Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II—Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any"occurrence"which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured,except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor,or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee,assignee or receiver and arising out of your ownership,maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s)or organization(s). 4. Owners,:;Lessees:or;Contractors:.Any persons);or;:organization(s), to;;whom ;you. are;;obligated.;to,:procure. additional Insured coverage but only with respect to liability for bodily Injury, properly damage or, personal and advertising part{ by your acts) or,omission(s) or the act(s),or omission(s)..of your"employees";your agents,Or yolk subcontractors,in the performance ofyourongoi.ng operations.`. This insurance;does..not,.apply.:to..".bodily;injury ;,"property:damage' :;,'';or'."personal ip.dvertising,injury'::arising out of"your work" included In the "products completed. operations hazard".r unless,:'you:are;required:;to:provide such coverage for the additional insured bpi thewritten agreement,'and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s)or omission(s)of your"employees",your agents,or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured,except as provided below. I i If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury', "property damage" or"personal and advertising injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or b. Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury',involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury', "property damage" or"personal and advertising injury" caused, in whole or in part,by your act(s)or omission(s) or the act(s)or omission(s)of those acting on your behalf: . a. In connection with your premises:or b. In the performance of your ongoing operations. • This insurance does not apply to "bodily injury', "property damage" or"personal and advertising injury' arising out of the rendering of or failure to render any professional services by orforyou,including: LC 20 5811 18 ©2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. , • J a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or b. Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury',involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture:Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for"bodily injury', "property damage" or"personal and advertising injury' caused, in whole or in part,by your act(s)or omission(s)or the act(s)or omission(s)of those acting on your behalf: a. In the performance of your ongoing operations;or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s)ororganization(s)more specifically covered in Paragraphs 1.through 5.above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf,or c. Any person(s) or organization(s) whose profession, business or Occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural,engineering or surveying services,including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders,designs and specifications;or (2) Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or"property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s)or organization(s)as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or"personal and advertising injury' if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s)with regard to the"bodily injury',"property damage"or"personal and advertising injury'; 4. Applies only if the "bodily injury' or "properly damage" occurs, or the offense giving rise to the "personal and advertising injury'is committed,subsequent to the execution of the written agreement;and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or"property damage" occurs, or at the time the offense giving rise to the"personal and advertising injury'is committed. LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Item 2. Blanket Additional Insured—Grantor Of Permits Paragraph 2. of Section II—Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However,with respect to the state,municipality or political subdivision: 1. Coverage will be no broader than required;and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state,municipality or political subdivision; 2, Any "bodily injury' or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss;or 3. "Bodily injury", "property damage" or"personal and advertising injury", unless negligently caused, in whole or in part,by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV— Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV— Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or"suit". LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.