HomeMy WebLinkAbout2020-010 20200286 RH2 EngineeringORIGINAL I PAGE NO ( OF19PAGES
PERSONAL SERVICES AGREEMENT (greater than $25,000)
CONSULTANT: RH2 Engineering, Inc.
CITY OF
AS H LAN D CONSULTANT'S CONTACT: Jeff Ballard
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-55 87
Fax: 541/488-6006
ADDRESS: 3553 Arrowhead Drive, Suite 200
Medford, Oregon 97504
TELEPHONE: (541) 665-5233
EMAIL:
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,
an Oregon municipal corporation (hereinafter "City") and RH2 Engineering, Inc., a foreign business corporation
("hereinafter "Consultant"), for design services for the City's East and West Forks Transmission Line Rehabilitation
project.
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 on 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, by not later than June 30, 2021.
2. Scope of Work: Consultant will provide design services for the City's East and West Forks Transmission Line
Rehabilitation project as more fully set forth in the Consultant's Scope of Work entitled "East and West Forks
Raw Water Transmission Line Rehabilitation, Phase 2 — East and West Fork Bridge and Piping Design" dated
September 2019, which is attached hereto as "EXHIBIT A" and incorporated herein by this reference. Consultant
expressly acknowledges that time is of the essence of any completion dates set forth in "EXHIBIT A" 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. 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 -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.
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6. Compensation: City shall pay Consultant at the hourly rates and charges and for the amounts actually incurred
for any subcontracting activities as set forth in Consultant's fee schedule entitled "RH2 Engineering, Inc. 2019
Schedule of Rates and Charges" which is attached hereto as "EXHIBIT B" and incorporated herein 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 $172,870.00 (one hundred and
seventy-two thousand eight hundred and seventy dollars) 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 documents produced in furtherance of this Agreement
belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property
right shall vest in and is hereby assigned to the City. All reuse not occurring as part of this Work shall be without
liability to the Consultant.
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 $21,507.75 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 D"
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, subrogations, or other
damages resulting from injury to any person (including injury resulting in death), or damage (including loss or
destruction) to property, of whatsoever nature to the extent caused by the negligent acts, errors, or omissions by
Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to
perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for
any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, caused solely by the
negligence of City.
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 thirty (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 Agreement or are no
longer eligible for the funding proposed for payments authorized by this Agreement; or
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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 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 insuTapce with a combined single limit, or the equivalent, of not less than $2,000,000
im
(two million dollars) per a aenee. This is to cover any damages caused by error, omission or negligent
acts related to the professional services to be provided under this Agreement.
ORIGINAL t PAGE NOAOF«PAGES
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;
(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
ORIGINAL l PAGE NO 5 OF PAGES
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.
ORIGINAL I PAGE NO ( OF( PAGES
22.
Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by
this reference.
CITY OF ASHLAND:
K&t-Y AA 4-00 i•✓�—
Printed Name
2- 1 s I CAI
D e
Purchase Order No.
APPROVED AS TO FORM:
-1 —
Assistant City Attorney
Alp
Date
R112 Engineering, Inc. (CONSULTANT):
Signature
Printed Name
Title
Date
is to be submitted with this signed Agreement)
6
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EXHIBIT A
Scope of Work
City of Ashland
East and West Forks Raw Water Transmission Line Rehabilitation
Phase 2 —East and West Fork Bridge and Piping Design
Project No. COA 1018.146
September 2019
Background
Recently updated Federal Energy Regulatory Commission (FERC) licensing evaluations for Hosler Dam
and associated structures identified issues that require improvements. To allow work on the dam
and associated structures while continuing to supply water to customers, the City of Ashland (City)
needs a reliable system to bypass the East and West Fork Ashland Creek flows. The existing bypass
piping, originally built in the 1880s as the City's original raw water supply piping, has had some
improvements over the decades and has not been functional for 2 years. However, the City needs
this system to be reliable as a critical supply source during the Hosler Dam inspection and repairs.
Through a Request for Proposals process, the City selected RH2 Engineering, Inc., (RH2), teamed with
Alpine Environmental Consultants, LLC, and Terrasurvey Inc., for professional engineering services in
support of Phase 1 — Preliminary Engineering on the East and West Forks Raw Water Transmission
Line Rehabilitation project (Project). The majority of the work described in Phase 1 has been
completed and RH2 has been asked to proceed with Phase 2 of the Project. This Scope of Work
includes Phase 2 — East and West Fork Bridge and Piping Design for the final designs of the East and
West Fork bridge crossing and the East and West Fork raw water transmission line piping
improvements. Services also included are environmental permitting, services during bidding, and
services during construction for the East and West Fork bridge crossing. It is anticipated that bidding
and construction of the East and West Fork bridge crossing will occur this year, while bidding and
construction of the piping improvements are to occur at a future time. As such, services for
permitting, bidding, and construction of the piping improvements have not been included in this
Scope of Work and will be scoped at a later date.
Scope of Work
RH2 will perform the following tasks per the Scope of Work and attached Fee Estimate. If needed,
additional effort shall be mutually negotiated between the City and RH2.
Task 1— Project Administration
Objective: Coordinate with City staff and the RH2 project team to manage key activities, schedule,
and budget to provide timely completion of the required work tasks and final deliverables, including
managing the quality of the work and work products. Develop and maintain a project schedule and
conduct regular progress and coordination meetings with the project team and City Project Manager
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City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
to coordinate project resources and activities. This role will occur throughout all tasks within this
Scope of Work and will be a key component in project completion.
Approach:
1.1 Progress Reporting: Monitor RH2's scope, budget, and schedule of the project. Provide
updates and monthly invoices to the City.
1.2 Project Coordination: Develop a project schedule with key activities and milestones and
distribute to the project team. Coordinate with the project team on individual tasks and
provide regular communication and coordination meetings with City staff. For budgeting
purposes, this subtask assumes one (1) coordination meeting per month and a total project
schedule of five (5) months for Phase 2.
Assumptions:
• It is assumed Tasks 1.1 and 1.2 will be necessary for the duration of the project.
Provided by City:
• Review invoices and process payments monthly.
• Attend monthly coordination meetings.
RH2 Deliverables:
• Monthly invoices in electronic (PDF) format.
• Project schedule in electronic (PDF) format.
• Meeting agenda, presentation materials, and meeting notes in electronic (PDF) format.
Meetings:
• Monthly coordination meetings.
Task 2 — East and West Fork Bridge Crossing Environmental Permitting and Geology
Review
Objective: Alpine Environmental Consultants, LLC (AEC), as a subconsultant to RH2, will prepare and
submit required permit applications and other agency submittal forms for the West Fork bridge
improvement construction. It is not anticipated that environmental permitting will be required for
the replacement of the existing bridge.
Permitting Scope Overview: The following information represents the project team's current
understanding regarding the type and level of effort that will be required to permit the Project for
construction. Building permit efforts are not included in this Task.
Approach:
2.1 Prepare for and submit permits with the United States Forest Service (USFS), Oregon
Department of State Lands (DSL), United States Army Corps of Engineers (USACE), and Oregon
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City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
Department of Fish and Wildlife (ODFW) for Right to Occupy permit. Coordinate
requirements with the agencies that are necessary for the bridge design. Prepare submittal
packages for needed permitting.
2.2 RH2 will complete a geological review and exploration to identify soil characteristics and
prepare a geological report for use during design. This work will include the East and West
Fork Bridge crossing and the pipe bridge crossing location. RH2 will observe as the City
provides a backhoe and operator for exploration work.
2.3 Assist the City with environmental permit material preparation and application submission.
2.4 Coordinate permitting applications with AEC.
Assumptions:
• It is assumed that permits will need to be obtained from USFS, DSL, USACE, and ODFW. In
the event that additional permits or efforts are needed, RH2 will prepare an amendment to
this Scope of Work for City approval.
• AEC will prepare applications as described above. AEC will apply for permits and the City will
pay all permit fees directly.
• RH2 is not responsible for site safety or for directing the operator in their work.
Provided by the City:
• Payment of permit fees with State and Federal agencies.
• Excavation of test pits, including operator and equipment. RH2 will observe.
RH2 Deliverables:
• Applications for inclusion in permit submittal packages in electronic (PDF) format. Additional
drawings and documentation required for submittal may necessitate adjustment of scope and
budget.
• Geological report and recommendations in electronic (PDF) format.
Task 3 — East and West Fork Bridge Crossing Bid -Ready Design
Objective: Prepare bid -ready design drawings and specifications detailing the proposed
improvements suitable for permitting, bidding, and construction phases.
3.1 Prepare general drawings. It is anticipated that the general drawings will include up to three
(3) sheets, including cover, general information, and construction notes sheets.
3.2 Prepare site plans to support the construction of the proposed East and West Fork Bridge
Crossing. It is anticipated that the site design drawings will contain up to nine (9) sheets that
generally include the following: existing site plan; construction grading and erosion control
plan; proposed site plan; proposed site grading and drainage plan; and site details.
3.3 Prepare the structural design for the proposed East and West Fork Bridge Crossing, including
structural calculations and plans detailing the foundation and structure. It is assumed that
3
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ORIGINAL I PAGE NO (0 nP WPAGES
City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
the proposed East and West Fork Bridge Crossing will be designed as a pre fabricated modular
structure. It is anticipated that the structural design drawings will contain up to seven (7)
sheets that generally include the following: foundation plan; structure plan; guardrail plan;
and structural sections and details.
3.4 Prepare technical specifications and bid item descriptions for the proposed East and West
Fork Bridge Crossing improvements based on the American Public Works Association/Oregon
Department of Transportation Oregon Standard Specifications for Construction 2018
(APWA/ODOT).
3.5 Prepare project -specific special provisions based on the City's master Special Provisions and
coordinated with RH2's technical specifications. Coordinate with City staff regarding
development of bid and construction contract documents.
3.6 Update and prepare an engineer's estimate of probable construction cost based on the
60-percent and 90-percent design plans, and information supplied by material vendors and
similar projects adjusted for anticipated bidding conditions.
3.7 Submit the 60-percent and 90-percent design plans and specifications, and corresponding
engineer's estimate of probable construction cost, to the City for review and comment. The
documents will be provided in electronic PDF format.
3.8 Perform in-house quality assurance and quality control (QA/QC) review of the 90-percent
design drawings and specifications.
3.9 Incorporate City and RH2 quality control review comments and finalize the plans and
specifications.
Provided by the City:
• Review of 60-percent and 90-percent design documents and written summary of City's
review comments.
• Preparation of bid and construction contract documents.
• Front-end contract documents for the bidding specifications.
RH2 Deliverables:
• 60-percent, 90-percent, and bid -ready design plans and specifications in electronic (PDF)
format.
• Engineer's estimate of probable construction costs based on 60-percent and 90-percent
design plans provided in electronic (PDF) format.
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City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
Task 4 — East and West Fork Transmission Line Piping Final Design
Objective: Prepare bid ready.design drawings and specifications detailing the proposed transmission
main improvements suitable for permitting, bidding, and construction phases.
4.1 Prepare general drawings. It is anticipated that the general drawings will include up to three
(3) sheets, including cover, general information, and construction notes sheets.
4.2 Prepare design plans to support the construction of the proposed transmission line piping
improvements. It is assumed that approximately 1,420 linear feet of existing steel pipe will be
replaced primarily with ductile iron pipe, including replacing the pipeline crossings of the East
and West Forks of Ashland Creek where steel pipe will be used. It is anticipated that the
transmission line piping design drawings will contain up to ten (10) sheets that generally
include the following: pipeline plans and profiles; connection details; pipeline crossing details;
and other miscellaneous details.
4.3 Prepare technical specifications and bid item descriptions for the proposed transmission main
improvements based on APWA/ODOT specifications.
4.4 Prepare project -specific special provisions based on the City's master Special Provisions and
coordinated with RH2's technical specifications. Coordinate with City staff regarding
development of bid and construction contract documents.
4.5 Update and prepare an engineer's construction cost estimate based on the 60-percent and
90-percent design plans, and information supplied by material vendors and similar projects
adjusted for anticipated bidding conditions.
4.6 Submit the 60-percent and 90-percent design plans and specifications, and corresponding
engineer's estimate of probable construction cost, to the City for review and comment. The
documents will be provided in electronic PDF format.
4.7 Perform in-house QA/QC review of the 90-percent design drawings and specifications.
4.8 Incorporate City and RH2 quality control review comments and finalize the plans and
specifications.
Provided by the City:
• Review of 60-percent and 90-percent design documents and written summary of City's
review comments.
• Preparation of bid and construction contract documents.
• Front-end contract documents for the bidding specifications.
RH2 Deliverables:
• 60-percent, 90-percent, and bid -ready design plans and specifications in electronic (PDF)
format.
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City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
• Engineer's estimate of probable construction costs based on 60-percent and 90-percent
design plans provided in electronic (PDF) format.
Task 5 — Construction Permitting Assistance for East and West Fork Bridge Crossing
Objective: Assist the City in preparing and applying for City and Jackson County (County) permits for
the construction of the proposed improvements. Prepare applications for City and County Building
and Site Development/Grading Permits (as needed). Coordinate with the City and assist in
responding to City and County questions and comments.
Approach:
5.1 Prepare and submit applications for City and County Building and Site Development/Grading
Permits based on City and County permitting staff input.
5.2 Produce up to three (3) half -sized (11-inch by 17-inch) plans, two (2) full-sized plans, two (2)
sets of specifications, and structural calculations (8%2-inch by 11-inch), for use during
permitting.
5.3 Assist the City in responding to written review comments from the City and County.
Assumptions:
• It is assumed that the City will pay all City and County permitting fees directly.
• The permits required and level of effort involved in obtaining permits for this project are not
yet fully defined. In the event that additional permits or efforts are needed, RH2 will prepare
an amendment to this Scope of Work for City approval.
• The number of copies specified are based on typical City and County permit requirements. The
actual quantity produced may vary and will be invoiced at cost.
Provided by the City:
• Payment of City and County permit and review fees.
RH2 Deliverables:
• Four (4) sets of half-size (11-inch by 17-inch) plans, two (2) sets of full-sized plans, two (2) sets
of specifications, and structural calculations for City and County Building review and
permitting.
• City and County Building and Site Development/Grading Permit applications.
Task 6 — Services During Bidding for East and West Fork Bridge Crossing
Objective: Assist the City during the bidding process for the construction of the proposed West Fork
Bridge Crossing Improvements.
Approach:
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City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
6.1 Prepare the bid documents and advertisement for bids. It is assumed that four (4) sets of bid
documents in B 2-inch by 11-inch size and half -sized (11-inch by 17-inch) plans will be
produced, with three (3) sets being for City staff and one (1) set for RH2. Provide PDF version
of plans and specifications to the City for the East and West Fork Bridge Crossing project.
6.2 Respond to questions from bidders and suppliers during the bidding process as requested by
the City.
6.3 Issue up to two (2) addenda through the City to clarify, revise, or change construction plans,
technical specifications, or project conditions during the bidding process.
City Deliverables:
• Coordinate bid opening.
• Bid tabulation.
• Review of contractor's qualifications.
• Issuance of letter of intent to award contract.
RH2 Deliverables:
• Bid advertisement in electronic (Word) format for City to advertise project.
• Four (4) sets of hard -copy bid documents in 8%2-inch by 11-inch size, and four (4) half -sized
(11-inch by 17-inch) plans.
• Up to two (2) addenda, if required, in electronic (PDF) format.
Task 7 — Services During Construction for West Fork Bridge Crossing
Objective: Assist the City with construction documentation review and record keeping. The City will
take the lead role in construction management for project construction. RH2 will provide technical
support. The level of service at this point is estimated. Final level of service will be negotiated after
design completion.
Approach:
7.1 Review submittals, shop drawings, and catalog submittals.
7.2 Review written requests for information (RFIs) and change order proposals and provide
written responses as required. Work with the City to negotiate additional work by the
contractor as needed.
7.3 Attend, in person or by phone, pre -construction meeting, periodic construction progress
meetings.
7.4 Provide periodic construction observation to confirm consistency with plans.
7.5 Assist with development of punch list and recommendation of substantial completion.
7.6 Assist with final on -site walkthrough and recommendation for project acceptance.
7
11/4/2019 12:55:56 PM J:\Data\COA\1018-146 EW Fork\00 Contract\Amendments\Amendment No. 1\Amend No. 1 SOW COA EW Forks 20190724_JRB.docx
ORIGINAL ( PAGE NON OFF 0 PAGES
City of Ashland Exhibit A
East and West Forks Raw Water Transmission Line Rehabilitation Scope of Work
Phase 2 —East and West Fork Bridge and Piping Design
7.7 Prepare construction record drawings based on City and contractor provided field record
drawings.
Assumptions:
• Contractor will provide construction staking, if required.
• City will contract directly for any required special inspections.
• Additional services will require modification to RH2's scope and budget.
• RH2 is not responsible for site safety or for directing the contractor in their work.
RH2 Deliverables:
• Attend pre -construction meeting.
• Written responses for shop drawings and submittals, and RFIs in electronic (PDF) format.
• Review of change order negotiation and preparation of documents to execute change orders
in electronic (PDF) format.
• Periodic construction observation.
• Attend final on -site walkthrough.
• Recommendation letter for project acceptance in electronic (PDF) format.
• Preparation of construction record drawings in electronic (PDF) format.
8
11/4/2019 12:55:56 PM 1:\Oata\COA\1018-146 EW Fork\00 Contract\Amendments\Amendment No. 1\Amend No. 1 SOW COA EW Forks 20190724_JRB.docz
ORIGINAL -A -PAGE NO �500 gPAGES
EXHIBIT A -
City of Ashland
East and West Forks Raw Water Transmission Line Rehabilitation
Phase 2 - West and East Fork Bridge and Piping Design
Fee Estimate
I
Description
I Total
Hours
I To[al Labor
I Total Subconsultant
I Total Expense
I Total Cost I
Task1
Project Administration
34
$ 7,472
$ -
I $ 223
Task 2
West Fork Bridge Crossing Environmental Permitting and Geology Review
76
$ 25,020
$ 23,000
$ 1,119
$ 39,139
Task 3
West and East Fork Bridge Crossing Bid Ready Design
356
$ 52,715
$ -
$ 9,128
$ 61,843
Task 4
East and West Fork Transmission tine Piping Final Design
231
$ 33,797
$
$ 4,667
$ 38,464
Task5
Construction Permitting Assistance for West Fork Bridge Crossing
24
$ 3,238
$
$ 785
Task 6
Services During Bidding for West Fork Bridge Crossing
22
$ 3,120
$
$ 628
$ 3,748
Task 7
Services During Construction for West Fork Bridge Crossing
104
$ 14,964
$ -
$ 2,99S
$ 17,959
PROJECT TOTAL
847
$ 130,326
$ 23,000
$ 19,544
$ 172,870
1 .C�,..111.....,U)...lcoU onln,tWh.,.tWC...,...\A-..,N..1\A-...U.. 1 Ftt CUAtW t.,., An..tI4JR8..,... YlIWN199 J9 MA
ORIGINAL_LPAGE NO 1 �Fl � PAGES
EXHIBIT B
RH2 ENGINEERING, INC.
2019 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
$139
$/hr
Professional II
$1S1
$/hr
Professional III
$163
$/hr
Professional IV
$174
$/hr
Professional V
$186
$/hr
Professional VI
$204
$/hr
Professional VII
$219
$/hr
Professional VIII
$232
$/hr
Professional IX
$232
$/hr
Technician 1
$99
$/hr
Technician II
$113
$/hr
Technician III
$127
$/hr
Technician IV
$141
$/hr
Administrative 1
$68
$/hr
Administrative II
$79
$/hr
Administrative III
$96
$/hr
Administrative IV
$115
$/hr
Administrative V
$133
$/hr
CAD/GIS System
$27.50
$/hr
CAD Plots - Half Size
$2.50
price per plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11''
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" X 11"
$0.90
price per copy
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color) 11" X 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.580
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
ORIGINAL I PAGE NOt10FkgPAGES
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 (ii) 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 °c 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.
✓ (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.
V (2) Commercial advertising or business cards or a trade association membership are purchased for the
/ business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(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.
l�
Consultant
ORIGINAL t PAGE NOI( g OF (TPAGES
City of Ashland
➢ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $21,507.75 or more.
➢ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
For additional information:
LIVING
per hour, effective June 30, 2019.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of
$21,507.75.
➢ If their employer is the City of
Ashland, including the Parks
and Recreation Department.
➢ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
➢ Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
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
-AS H LAN D
Legal Department Review
DOCUMENT TRANSMITTAL AND CONTROL
This form will accompany the document through the drafting, review, and signature processes, and will
be kept with the City's final executed copy of the document. Required fields are indicated in gray scale.
Document: RH2 East and West Fork
(Include names of parties to the document)
Type of Document: Contract 8 Lease ❑ Easement ❑ Deed ❑ IGA ❑
Other (Specify)
Dept Contact: Tami De Mille -Campos
ACTION REQUESTED:
Dept: Public works Phone: Ext 2420
F!] Review Draft
Date submitted to Legal: 11/12i2019
❑ Approve final and forward to:
Draft due by: ASAP
('Unless indicated, Legal will return document to you)
Return Requested by: Tami De Mille -Campos
Complete this section ONLY the first time this form is filled out:
Has this document been previously worked on by the Legal Dept Staff? 8 No ❑ Yes
If yes, by whom?
�_
LEGAL DEPT First Date Received by Legal Date: (" By: hM
USE ONLY Returned to Dept. for Revision Date: r By:
Received for additional review by Legal Date: By:
Returned to Dept. for Revision Date: By:
Received for additional review by Legal Date: By:
Returned to Dept. for Revision Date: By:
Received for Additional Review by Legal Date: By:
Returned to Dept for Revision Date: By:
Final Logged out by Legal Date: $ By:
Comments from LEGAL to DEPARTMENT:
Comments from DEPARTMENT to L
❑ See Attached.
Vr
Return original executed document to City
14L
Does this document need to be recorded?
$ ❑
Recorder for safekeeping? ❑ No Yes
No Yes
CITY ADMINISTRATOR / DEPARTMENT HEAD
Please do not sign the attached document until this for ,.. s be proved by the Legal Dept below:
FINAL LEGAL DEPARTMENT APPROVAL: Date:71
G:\legaMLFAKI MN;iV71)\Contracnng\PUK Vn\Legal uoc t ransnuttal - tv_.ts.nocx
Council Business Meeting
Agenda Item
From
Contact
December 3, 2019
Award of a Professional Services Contract for Final Engineering to Rehabilitate
the East and West Forks Raw Water Transmission Line
Scott Fleury PE
Scott.fleuryCc�ashland. or. us
Deputy Public Works Director
541-552-2412
SUMMARY
Before the Council is an award of a professional services contract to RH2 for an amount not to exceed $172,870,
for the final engineering design phase to rehabilitate the East and West Forks Raw Water Transmission Line. This
project is currently identified in the 2020/21 Capital Improvement Program and has an approved budget
appropriation.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
• Essential Service -Drinking Water System
• Emergency Preparedness
• Address Climate Change
Continue to leverage resources to develop and/or enhance Value Services
CEAP Goals:
Natural Systems: Air, water, and ecosystem health, including opportunities to reduce emissions and prepare
for climate change through improved resource conservation and ecosystem management.
Strategy NS-2: Manage and conserve community water resources
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
At the September 18, 2018 Business Meeting Council awarded the preliminary design engineering contract
to RH2 for the East and West Forks Rehabilitation Project. Staff Report
BACKGROUND AND ADDITIONAL INFORMATION
Under the previously approved preliminary engineering contract RH2 has completed the facility assessment for
the pipeline and associated structures; began permitting with the Forest Service; completed topographic survey
work, including pipe alignment; begun bridge design and formalized a recommendation to replace 1500' of
existing steel transmission line.
In the final engineering phase RH2 will formalize the bridge and pipeline design and construction specifications
in 60%, 90% and 100% iterations. The final product will be a public solicitation -ready document (plans,
Page 1 of 2
CITY OF
ASHLAND
specifications and engineering). Work by RH2 in the final phase also includes the development of a cost estimate
at each iteration, finalize all required permitting, assist the City during bidding and construction phases by
responding to requests for information and performing construction inspections as needed. RH2 expects to
complete the final engineering phase within five (5) months after notice to proceed is given.
Historic Background
In 1909, dams and small reservoirs were constructed on the East and West Forks of Ashland Creek. Water from
these reservoirs was then piped for the City's power production and domestic water use. Original pipe
construction consisted of wire -wound wooden stave piping. The connections to the original power house were
constructed of riveted steel pipe.
The connection from the water plant to the East and West Forks reservoirs are currently 24-inch ductile iron pipe
with sections of 24-inch steel pipe. These transmission lines are important infrastructure components related to
the City's water supply. They enable water to be diverted above Reeder Reservoir to the treatment plant, allowing
the City to dewater the main reservoir for sediment removal, dam repairs, intake structure repairs and potentially
manage a reservoir algal bloom. Public Works is forecasting significant maintenance related repairs and
improvements to Hosler Dam over the current and next biennium, thus requiring the Forks' transmission lines to
provide a reliable bypass option for raw water moving forward.
FISCAL IMPACTS
The current appropriated budget BN 2019-21 includes $2,226,000 itemized as a Capital Improvement Project
(CIP) for water supply to complete the final engineering and construction phases to rehabilitate the East and West
Forks Raw Water Transmission Line. The East and West Forks Raw Water Transmission Line project also
includes the engineering associated with developing a bridge crossing for each leg of the forks.
STAFF RECOMMENDATION
Staff recommends that the Council authorize the City Administrator to enter into a professional services contract
with RH2 for an amount not to exceed $172,870, to complete the final engineering design phase to rehabilitate
the East and West Forks Raw Water Transmission Line. At the conclusion of the final engineering phase, staff
will work to solicit a public construction bid and bring forward a contract for the construction phase at a date to
be determined.
ACTIONS. OPTIONS & POTENTIAL MOTIONS
• I move to authorize the City Administrator to enter into the professional services contract with RH2 for an
amount not to exceed $172,870, to complete the final engineering design phase to rehabilitate the East and
West Forks Raw Water Transmission Line.
• I move to direct staff to change the parameters of the contract with RH2 for final engineering to rehabilitate the
East and West Forks Raw Water Transmission Line.
• I move to direct staff to re -solicit final engineering.
REFERENCES & ATTACHMENTS
Professional Services Contract
Capital Improvement Plan Data Sheet
Page 2 of 2
CITY OF
-AS H LA N D
AC� W CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT DETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATWE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If Me certificate holder is an ADDITIONAL INSURED, Me polley(les) must have ADDITIONAL INSURED prOV1510ns or be .ndomod.
If SUBROGATION IS WAIVED, subject to the terms and cordillera of the policy, Cadvin policies may require an endomemen4 A statement on
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
CINdAetead
ACCORDANCE WITH ME POLICY PROVISIONS.
20 N Mah SL
AUTH.RRE.REPRESEEtATNE
Amend OR 91520
01980.2016 ACORD CORPORATION. All rights resumed.
ACORD 26(2018103) The ACORD na. and 1.9. ere mglsMrod marks of ACORD
D
BUSINESSOWNERS
8P 79 96 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
Below is a summarization
of the coverages provided by this endorsement. No coverages are given by this
summary. Actual coverage
descriptions are within this endorsement.
SECTION
SUBJECT
A.
Supplementary Payments
Bail Bonds
Loss Of Earnings
B.
Broadened Coverage For Damage To Premises Rented To You
C.
Incidental Medical Malpractice injury
D.
Mobile Equipment
E.
Blanket Additional Insured (Owners, Contractors Or Lessors)
F.
Newly Formed Or Acquired Organizations
G.
Aggregate Limits
H.
Duties In The Event Of Occurrence, Offense, Claim Or Suit
I.
Liability And Medical Expenses Definitions
Bodily injury
Insured Contract
Personal And Advertising Injury
- Section II - Liability is amended as follows:
s
A. Supplementary Payments
Section A.I. Business Liability is modified as follows:
1. The $250limit shown in Paragraph AAJ.(1)(b) Coverage Extension -Supplementary Payments for the
cost of bail bonds is replaced by a $3,000 limit.
2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for
reasonable expenses and loss of earnings is replaced by a $500 limit.
B. Broadened Coverage For Damage To Premises Rented To You
1. The last paragraph of Section B.I. Exclusions - Applicable To Business Liability Coverage is replaced
by the following:
With respect to the premises which are rented to you or temporarily occupied by you with the permis-
sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage".
0 2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Semces Office, Inc., with its permission. Pagel of 4
2. Paragraph 0_2. Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under this endorsement for the sum of all damages because of all "property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of Insurance shown in the Declarations.
3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply.
C. Incidental Medical Malpractice Injury
1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes-
sional Services does not apply to "Incidental Medical Malpractice Injury" coverage.
2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses
Definitions:
-- a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or
failure to render, during the policy period, the following services:
s �
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or
beverages in connection therewith; or
(2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
b. This coverage does not apply to:
(1) Expenses incurred by the insured for first -aid to others at the time of an accident and the
Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly.
(2) Any insured engaged in the business or occupation of providing any of the services described
under a. above.
(3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation
of providing any of the services described under a. above.
D. Mobile Equipment
Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your
permission.
E. Blanket Additional Insured (Owners, Contractors Or Lessors)
1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy under a written contract or written
agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and
b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".
r 2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease,
maintain or occupy; and
(2) Caused in whole or in part by your ongoing operations performed for that insured.
b. The Limit of Insurance applicable to the additional insured are those specified in the written
contract or written agreement or the limits available under this policy, as stated in the Declara-
tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance
available under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
(2) "Bodily injury", "property damage', "personal and advertising injury", or defense coverage
under the Supplementary Payments section of the policy arising out of an architect's, en-
gineer's or surveyor's rendering of or failure to render any professional services including:
® 2016Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material or insurance Services Office, Inc., with its permission. Page 2 of 4
(a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field
orders, change orders, or drawings and specifications; and
(b) Supervisory, inspection, architectural or engineering activities.
(3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in
the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the
person or organization designated in the Declarations.
3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail-
able to the additional insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
F. Newly Formed Or Acquired Organizations
The following is added to Section C. Who Is An Insured:
Any business entity acquired by you or incorporated or organized by you under the laws of any individual
state of the United States of America over which you maintain majority ownership interest exceeding fifty
percent. Such acquired or newly formed organization wilt qualify as a Named Insured if there is no similar
insurance available to that entity, However.
1. Coverage under this provision is afforded only until the 184th day after the entity was acquired or
incorporated or organized by you or the end of the policy period, whichever is earlier;
2. Section A.1. Business Liability does not apply tn:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated
or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac-
quired or incorporated or organized by you.
3. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations.
G. Aggregate Limits
The following is added to Paragraph DA. Aggregate Limits Liability and Medical Expenses Limits Of
Insurance:
1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or
temporarily occupied by you with the permission of the owner.
2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or
rented to you.
For the purpose of this endorsement only, "location" means premises involving the same or connect-
ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-
of-way of a railroad.
H. Duties In The Event Of Occurrence, Offense, Claim Or Suit
1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition applies only when the "occurrence" is known to any insured listed in
Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an
"occurrence" or claim.
2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition will not be considered breached unless the breach occurs after such claim
or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee'
authorized by you to give or receive notice of an "occurrence" or claim.
® 2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4
1. Section F. Liability And Medical Expenses Definitions is modified as follows:
1. Paragraph F.3. is replaced by the following:
3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury
sustained by a person, and includes mental anguish resulting from any of these; and including
death resulting from any of these at any time.
2. Paragraph F.9. is replaced by the following:
9. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a tease of prem-
ises that indemnifies any person or organization for damage by fire to premises while rented
to you or temporarily occupied by you with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
a. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem-
nification of a municipality in connection with work performed for a municipality) under which
you assume -the tort iiahiiity of anniher rZ?rty to nay for "bodily injury" or "property damage"
to a third person or organization, provided the "bodily injury" or "property damage" is
caused, in whole or in part, by you or by those acting on your behalf. However, such part of a
contract or agreement shall only be considered an "insured contract" to the extent your
assumption of the tort liability is permitted by law. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement,
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con-
struction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the insured's rendering or failure to render professional
services, including those listed in (2) above and supervisory, inspection, architectural or
engineering activities.
3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following:
b. Malicious prosecution or abuse of process;
2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc„ with its permission, Page 4 of 4
COMMERCIAL AUTO
AC 85 01 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement
Endorsement with a specific state named in the title, this endorsement does not apply to vehicles
garaged in
4
that specified state.
3
v
COVERAGE INDEX
SEEM
mom
SUBJECT PROVISION NUMBER
_
ACCIDENTAL AIRBAG DEPLOYMENT
13
a s
ADDITIONAL INSURED BY CONTRACT: AGREEMENT OR PERMIT
4
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
21
AMENDED FELLOW EMPLOYEE EXCLUSION
6
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
15
BODILY INJURY REDEFINED
25
EMPLOYEES AS INSUREDS (Including Employee Hired Auto)
3
EXTRA EXPENSE -BROADENED COVERAGE
11
GLASS REPAIR- WAIVER OF DEDUCTIBLE
17
HIRED AUTO COVERAGE TERRITORY
23
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto)
7
LOAN / LEASE GAP (Coverage Not Available In New York)
16
NEWLY FORMED OR ACQUIRED SUBSIDIARIES
2
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
18
PERSONAL EFFECTSCOVERAGE
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
y
TWO OR MORE DEDUCTIBLES
19
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
20
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
22
SECTION 1 - COVERED AUTOS is amended as follows:
1. TRAILERS - INCREASED LOAD CAPACITY
The following replaces Paragraph C.I. 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.
m 2017Liberty Mutual Insurance
AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7
a
SECTION 11- LIABILITY COVERAGE is amended as follows:
2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION It - 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 specifcaii 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 11 - LIABILITY COVERAGE, Paragraph A.I. 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 white 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 it - 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 If - 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 bait 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.
® 2017Liberty 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 If - LIABILITY, Exclusion B.S. Fellow Employee does not apply if the "bodily injury" results
from the use of a covered "auto" you own or hire if you have workers compensation insurance in force
for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
7, HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of
Loss or Collision x coverage are provided under the Business Auto Coverage � 9 P rage Form for any "auto" you
own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name,
but only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of,
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible,
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered "auto" you own.
d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual
financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
(2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your
"empleyee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the
time of "foss".
8. TOWING AND LABOR
SECTION Ill - 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, "fight 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.
0 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 AA.a. Coverage Extensions, Transportation Expenses of SECTION ill - 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 "toss" 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.
..,....y.-"''Tiies'ittS�E'aiTixa'"F111 :i1l8d U,7dc! i}Ie5-ei(tellbi0 iS exe,bSy JVef coy
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.
® 2017Liberty Mutual Insurance
AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7
14, PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device
or a global position device and that device was the method of recovery of the vehicle.
15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu-
sions 4.c, and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de-
signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto' at the time of the 'loss" or removable from a
housing unit that is permanently installed in the covered "auto'; and
(2) Designed to be solely operated by use from the power from the "autos" 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.
y 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:
Ine most we will pay fora "tots `kiss to a covered 'auto" owned by or teased to 'you in anyone
"accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto' is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date
of the 'loss":
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal
wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur-
ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases;
e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a
covered "auto';
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement
or as a result of the early termination of any warranty or extended service agreement on a
covered "auto';
I. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the 'loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the
"loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss",
® 2017Liberty Mutual Insurance
AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 5 of 7
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the "
term of the loan, thereby requiring a large final payment.
17. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 Ibs, 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.
14. 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.
0 2011Liberty Mutual Insurance
AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.. with its Permission. Page 6 of 7
21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow-
ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if
you are a corporation.
To the extent possible, notice to us should include:
c(a) How, when and where the "accident" or "loss" took place;
(b) The "insureds" name and address; and
c The names and addresses of an injured
(1 y i 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:
6 If the person or organization has in a written agreement waived those rights before an "accident" or
"loss", our rights are waived also.
m
23. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is
iJX i .o
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
"insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United
" States, the territories and possessions of the United States of America, Puerto Rico or Canada or in
a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a
driver.
24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE-
MENT
The following is added to SECTION 1V - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other
Insurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary
a 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
CA 00 01 03 06
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine
rights, duties and what is and is not covered.
Throughout this policy the words "you" and
"your" refer to the Named Insured shown in the
Declarations. The words "we", "us" and "our"
refer to the Company providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I - COVERED AUTOS
ITEM TWO of the Declarations shows the "autos"
that are covered "autos" for each of your cov-
erages. The following numerical symbols de-
scribe the "autos" that may be covered "autos".
The symbols entered next to a coverage on the
Declarations designate the only "autos" that are
covered "autos".
A. Description Of Covered Auto Designation
Symbols
Symbol
Description Of Covered Auto Designation Symbols
1
An "Auto"
2
Owned
Only those "autos" you own (and for Liability Coverage any "trailers"
"Autos"
you don't own while attached to power units you own,) This includes
Only
those "autos" you acquire ownership of after the policy begins.
3
Owned
Only the private passenger "autos" you own. This includes those private
Private
passenger "autos" you acquire ownership of after the policy begins.
Passenger
..
"Autos" Only
4
Owned
Only those "autos* you own that are not of the private passenger type
"Autos" Other
(and for Liability Coverage any "trailers" you don't own while attached
Than Private
to power units you own). This includes those "autos" not of the
Passenger
private passenger type you acquire ownership of after the policy begins.
"Autos" Onl
5
Owned
Only those "autos" you own that are required to have No -Fault benefits
"Autos"
in the state where they are licensed or principally garaged. This
Subject
includes those "autos" you acquire ownership of after the policy begins
To No -Fault
provided they are required to have No -Fault benefits in the state where they
are licensed or principally garaged.
6
Owned
Only those "autos" you own that because of the law in the state where
"Autos"
they are licensed or principally garaged are required to have and
Subject
cannot reject Uninsured Motorists Coverage. This includes those
To A
"autos" you acquire ownership of after the policy begins provided
Compulsory
they are subject to the same state uninsured motorists requirement.
Uninsured
Motorists Law
7
Specifically
Only those "autos" described in Item Three of Declarations for which
Described
a premium charge is shown (and for Liability Coverage any "trailers"
"Autos"
vou don't own while attached to any Power unit described in Item Three
a
Hired "Autos"
Only those "autos" you lease, hire, rent or borrow. This does not include
Only
any "auto" you lease, hire, rent, or borrow from any of your "employees",
partners (if you are a partnership), members (if you are a limited liability
company) or members of their households.
CA 00 01 03 06 IDISO Properties, Inc., 2005 Page 1 of 13
Purchase Order
t
B City of Ashland
I ATTN: Accounts Payable
L 20 E. Main
L Ashland, OR 97520
T Phone:541/552-2010
O Email: payable@ashland.or.us
V
E RH2 ENGINEERING, INC
N 22722 29TH DRIVE SE, SUITE 210
D BOTHELL, WA 98021
O
R
a E ORD R
H C/O Public Works Department
I 51 Winburn Way
p Ashland, OR 97520
Phone: 541 /488-5347
T Fax- 541/488-6006
O
Paula Brown
12/11/2019 1229 FOB ASHLAND OR
Citv Accounts Pa able
_
East/West Trans Line Rehab
1 East and West Forks transmission line rehabilitation 1
072,870.0000 . $172,870.00
Personal Services Agreement (greater than $25,000)
Completion date: 06730/2021
Project Account: E-201810-999
GL SUMMARY **************
081500 - 704200 $172,870.00
By: /J n Date:
Authorize i nature
$172,870.00
FORM #3
REQUISITION
Vendor Name
Address, City, State, Zip
Contact Name
Telephone Number
Email address
RMIRRINC MFTMAn
l [ OeCITY OF
` -ASHLAND
Date of request: 11/26/2019
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210 Bothell, WA 98021
Jeff Ballard
541-665-5233
❑ Exempt from Competitive Bidding
❑ Invitation to Bid
Date approved by Council:
❑ Emergency
❑ Form #13, Written findings and Authorization
❑ Reason for exemption:
❑ AMC 2.50
copy of council communication)
El Written quote or proposal attached
❑ Written quote or proposal attached
_(Attach
If council approval required, attach copy of CC
❑ Small Procurement
M Request for Proposal
Cooperative Procurement
Not exceeding $5,000
Date approved by Council:12/3/2019
❑ State of Oregon
❑ Direct Award
(Attach copy of council communication)
Contract #
❑ VerballWritten quote(s) or proposal(s)
E] Request for Qualifications (Public Works)
Date approved by Council:
❑ State of Washington
Contract #
❑ Other
Intermediate Procurement
GOODS & SERVICES
(Attach copy of council communication)
government agency contract
Greater than $5,000 and less than $100,000
Agency
Contract #
❑ Sole Source
❑ (3) Written quotes and solicitation attached
❑ Applicable Form (#5,6, 7 or 8)
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
ElAnnual cost to City does not exceed $25,000.
Agreement approved b Legal and a roved/si ned b
9 PP Y 9 PP 9 Y
❑ Direct appointment not to exceed $35,000
❑(3) Written proposals/written solicitation
❑ Special Procurement
❑ Form #4, Personal Services >$5K & <$75K
❑ Form #9, Request for Approval
[I Written quote or proposal attached
City Administrator. AMC 2.50.070(4)
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
East and West Forks transmission line rehabilitation $ 172,870.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TATAl f`ACT
0 Per attached quote/proposal
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
Project Number 201810 _ _ . _ _ _ Account Number 081500 _ 704200 _ $ 172,870.00
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. l T Director Date Support -Yes / No
Employee:\" 1 1 111X.C�'"� Department Head: '� moc
(E ual greater than 000)
Department Manager/Supervisor: City Administrator: 1 2-
(Equal to &r greathr than 5,00
Funds appropriated for current fiscal year: bES / NO0 ,r,i Finance Director- (Equal to or greater than $5,000) Date
Comments:
- Requisition