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2020-035 PO 20200367- Johnny Cat
• z.IY RECO Purchase Order W4, IS Fiscal Year 2020 - Page: 1 of: 1 B City of Ashland LATTN:Accounts Payable Purchase !� L 2 20200367 Ashland, OR 97520 Order# T Phone: 541/552-2010 • O Email:payable@ashland.or.us V H CIO Street Division E JOHNNY CAT I 90 North Mountain Ave N PO BOX 89 p Ashland, OR 97520 JACKSONVILLE, OR 97530 Phone: 541/488-5313 O T Fax:541/552-2304 •R 541 899-4494 Avram Biondo _:_.. 03/23/2020 •• • •• • • -. _• Trucking Services 1 Trucking Services for FY20 1 - $30,500.0000 $30,500.00 Goods &Services Agreement Completion date: December 31,2020 Project Account Project Account: ***************GL SUMMARY*************** 081200-604200 $10,000.00 081200-704100 $20,500.00 • • • By: ,a-41.14,/11 Date: 3/,3/c)-`)d e) Authorized Signature a;= =71==-1-_-= '.30 500.00 FORM #3 )I . ti 9 ! /G6!' CITY O F Arequest fora Purchase Order ASH LAN D rc REQUISITION ' D6Date of request: 03%09%2020 Required date for delivery `rh'`_ Vendor Name ' Johnny Cat,Incorporated Address,City,State,Zip PO Box 89 Jacksonville,OR 97530 Contact Name&Telephone Number John Holmes 541-899-4494 , Email address SOURCING METHOD 0 Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid _ ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement 0 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 bid(s)or proposal(s) ❑- Request for Qualifications(Public Works) 0 State of Washingtori Date approved by Council: Contract# Attach co. 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 ❑ Written quote or proposal attached Intergovernmental Agreement 0 (3)Written bids&solicitation attached , ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ' ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater.than$5,000 andless than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Trucking Services for FY20 , , • $4500:00-- _.____--_ - . .. . .'... Item# Quantity Unit Description of MATERIALS Unit Price Total Cost _ D Per attached quote/proposal , :TOTAL LCOST; 081200 704100 $20,500 $ ' Project Number Account Number - 081200 604200 $10,000 Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:0aJ\Anf^ bell/kat"6;110430Department Head: / / /i/ //M4,2TroZo ( ;It t o greater than$5,000) Department Manager/Supervisor: City Administrator. (Equal to or r thanha $25,000) Funds appropriated for current fiscal year: C9/ NO 00-11t'60 I4g tkJ A O Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition 1 • • GOODS &SERVICES AGREEMENT(GREATER THAN$25,000) PROVIDER: JOHNNY CAT,INCORPORATED • CITY OF PROVIDER'S CONTACT: John Holmes • 'ASHLAND 20 East Main Street ADDRESS: P.O. Box 89 Ashland, Oregon 97520 - Jacksonville, Oregon 97530 Telephone: 541/488-5587 Fax: 541/488-6006: PHONE: 541-899-4494 This Goods and Services Agreement (hereinafter "Agreement") is entered .into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Johnny Cat,Incorporated,a domestic business corporation("hereinafter"Provider"),for trucking services. 1.• PROVIDER'S OBLIGATIONS 1.1 Provide necessary labor and equipment for dump, water, and lowboy trucking as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's 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: o Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and O Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: e 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; r O 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; o 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 O Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Johnny Cat,Incorporated ` f 1.3 . All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that noperson shall, on the grounds of race, color,seligion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply,with all applicable requirements of federal and state civil rights and'rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding_or negotiation,made by_Provider for work to be_. performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the.Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $95.00 to $125.00 (ninety-five to one hundred and twenty-five dollars)per hour(depending on the type of truck)as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. • 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$30,500.00 (thirty thousand and five hundred dollars)without'the 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 furtheracknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and notan 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. • Page 2 of 6: Goods and Services Agreement between the City of Ashland and Johnny Cat,Incorporated r 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 i. transferred,as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, , . . _ employees,-contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance causedby 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 warrantiesto the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitation To Bid dated February 3,2020. o The Provider's complete written Proposal with hourly rental rates dated February 13,2020. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Johnny Cat,Incorporated ' I 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 inany 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 December 31,2020,unless sooner terminated as provided in Subsection 62. 6.2 Termination 6.2:1 The.City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty(30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen(14)'days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland-Street Division;Public Works"Departrnent- Attn: Avram Biondo 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5313 With a copy to: City of Ashland—Legal Department 20 E. Main Street • Ashland, Oregon 97520 Phone: (541)488-5350 Page 4 of 6: Goods and Services Agreement between the City of Ashland and Johnny Cat,Incorporated 1 If to Provider: Johnny Cat Incorporated Attn: John Holms PO Box 89 - Jacksonville, Oregon 97530 Phone: (541) 899-4494 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach anyprovision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement; has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS • chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in.this Article 9,shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the. City to terminate this Agreement and to seek damagesand 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 Johnny Cat,Incorporated L IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of thedates set forth below. CITY OF ASHLAND: JO T,INCORPORATED (PROVIDER): By 7 " brnstii Signature Printed Name 0 Printed Name 1:7-t)Z.c, • C e Title J/(00/1 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: • _ .a4 c7e):// Assistant City Attorney -Z,. 20 ZO • Date Page 6 of 6: Goods and Services Agreement between the City of Ashland and JohmiY Cat,Incorporated ct )+;Ul },f; r,1 t 4 :14;";,' - •µy1. , ' .0 rel. .f A.. m.47% <,a�,�SuA ,..� /q f�y• s fir? 1 -VIE''.VPAI v`'si�y.lyr'15 Ci✓r1*✓`.(rG�, -1 nA C:►r-•-c)r r..r CDP. P.O.Box 89 Jacksonville, OR 97530 Ph:(541:)899.449.4 Fax: (541) 89.9-5626 CCB#111043 City of Ashland: February 13,2020 Finn Price 2-13-2020 to 12-31-2020 Type,of Truck Net Legal Capacity Hourly Rental Rate Super Bobtail 4 Axle 14-15 Tons $95.00/Hour Mega Dump $105.00/Hour Semi End Dump(Tub) $105.00/Hour Super Transfer 30+Tons $110.00/Hour Super Truck&Pup 30+Tons. $110.00/Hour Belly Dump 27-30 Tons $110.00/Hour Water Truck 4000 Gallons $95.00/Hour Lowboy 5 Axle $125.00/Hour Lowboy 6 Axle . $125.00/Hour Lowboy 7 Axle+permits • $125.00/Hour Truck Rental--One hour minimum Nighttime rates may be different Prevailing wage job rates are different Thank you, • John Holmes Owner • 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: Johnny Cat Trucking (Include names of parties to the document) Type of Document: Contract Lease ❑ Easement ❑ Deed ❑ IGA Other(Specify) Dept Contact: Tauri De Mille-Campos ACTION REQUESTED: Dept:Public Works Phone: Ext 2420 E Review Draft Date submitted to Legal: 02/14/2020 CI 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? U No =IYes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: Q 1 42OZO By: ,d USE ONLY Returned to Dept. for Revision Date: By: I it 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: 3 /,O21) By: i Comments from LEGAL to DEPARTMENT:, Comments from DEP RTMENT to L C"G• 4: ❑. See Attached. 4,,, cyjet. 01_3- z o Return original executed document to City oes this document need to be recorded? Recorder for safekeeping? ❑ No 'Yes No El CITY ADMINISTRATOR/D PARTMENT HEAD Please do not sign the attached document until this for a been a r ed by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: a., Date: 2—Z—7--4 G\legal\DEPARTMENTS1ContractingWORMS\Legal Doc Transmittal-KLB.docx 2/14/2020 Business Registry Business Name Search Business Registry Business Name Search 02-14-2020 New Search Business Entity Data 13:14 Registry Nbr Entity Entity Jurisdiction Registry Date Next Renewal Renewal Due? Type Status Date 466418-82 DBC ACT OREGON 08-01-1995 08-01-2020 Entity Name 'JOHNNY CAT, INC. Foreign Name' New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 670 POWDERHORN DR Addr 2 CSZ IJACKSONVILLEIOR 197530 1 1 Country (UNITED STATES OF AMERICA Please clickIAGT here for general information about registered agents and service of process. Type REGISTERED AGENT Start Date 12-17- Resign Date 2008 Name JOHN 1 IHOLMES I I Addr 1 670 POWDERHORN DR Addr 2 CSZ IJACKSONVILLEIOR 197530 1 1 Country (UNITED STATES OF AMERICA Type IMALIMAILING ADDRESS I Addr 1 PO BOX 89 Addr 2 , CSZ IJACKSONVILLELOR 197530 1 1 Country (UNITED STATES OF AMERICA Type (PRE (PRESIDENT I I Resign Date I Name (JOHN IC IHOLMES I I Addr 1 670 POWDERHORN DR Addr 2 CSZ IJACKSONVILLEIOR 97530 1 1 Country (UNITED STATES OF AMERICA Type (SEC (SECRETARY I I Resign Date I Name (JOHN IC IHOLMES I I Addr 1 670 POWDERHORN DR Addr 2 CSZ IJACKSONVILLEIOR 197530 1 I Country (UNITED STATES OF AMERICA New Search Name History i I u i o d egov.sos.state.or.us/br/pkg_web_name_srch_inq.show detl?p_be_rsn=510070&p_srce=BR_INQ&p print=TRUE 1/3 2/14/2020 Business Registry Business Name Search Business Entity Name Name r Name Start Date End Date Type Status JOHNNY CAT, INC. EN CUR 08-01-1995 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Available, Date Date Change i Action ssolved By Status D • LADED ANNUAL I' PORT 08-08-2019 FI • ENDED ANNUAL I' PORT 07-13-2018 FI rc- A • MENDED ANNUAL 09-01-2017 FI I' PORT +,_ • NDED ANNUAL I' PORT 08-10-2016 FI ENDED ANNUAL 4 • 07-01-2015 FI I' PORT -=-) • ENDED ANNUAL 06-22-2014 FI I' PORT • AL REPORT 07-25-2013 SYS I'AYMENT • AL REPORT PAYMENT 07-31-2012 SYS • AL REPORT PAYMENT 07-26-2011 SYS • AL REPORT PAYMENT 07-07-2010 SYS • AL REPORT PAYMENT 07-06-2009 SYS CHANGE OF GISTERED 12-17-2008 FI Agent • GENT/ADDRESS • AL REPORT 09-15-2008 09-13- SYS I'AYMENT 2008 CHANGE OF I' GISTERED 09-18-2007 FI • GENT/ADDRESS •NNUAL REPORT 07-09-2007 FI CHANGE OF MAILING 06-26-2007 FI • 'DRESS • 'TICLES OF 02-27-2007 FI • MENDMENT • AL REPORT 08-21- 'AYMENT 08-22-2006 2006 SYS • I MT TO ANNUAL ' 'T/INFO STATEMENT 06-01-2006 FI CHANGE OF • GISTERED 06-01-2006 FI Agent • GENT/ADDRESS egov.sos.state.or.us/br/pkg_web_name_srch_inq.show detl?p_be_rsn=510070&p_srce=BR_INQ&p print=TRUE 2/3 2/14/2020 , Business Registry Business Name Search ANNUAL REPORT 07-21-2005 SYS PAYMENT _ ,ANNUAL REPORT 06-28-2004 SYS ,PAYMENT NNUAL REPORT 07-25-2003 SYS lAYMENT _ ANNUAL REPORT 08-02-2002 SYS PAYMENT ANNUAL REPORT PAYMENT 06-26-2001 SYS CHANGED RENEWAL 08-08-2000 FI STRAIGHT RENEWAL 07-19-2000 FI STRAIGHT RENEWAL 07-20-1999 FI ,AMENDED RENEWAL 08-03-1998 FI STRAIGHT RENEWAL 07-09-1997 FI CHANGED RENEWAL 07-09-1997 FI AMENDED RENEWAL 09-12-1996 FI ,NEW FILING 08-01-1995 FI © 2020 Oregon Secretary of State. All Rights Reserved. egov.sos.state.or.us/br/pkq web name srch 'rickshaw detl?p be rsn=510070&p srce=BR INQ&p print=TRUE 3/3 CITY OF Foy #2S H LAND INVITATION TO BID—TRADE SERVICES INTERMEDIATE PROCUREMENT Release date: 2-3-2020 Requested by: Avram Biondo Street Division,Ashland Public Works 541-552-2345 avram.biondo(tdashland.or.us Bids are due by: 2-13-2020 Project name: 2020 City of Ashland Contract Trucking Job site location: City of Ashland Oregon Project completion required by: December 31,2020 Bids maybe faxed,emailed or hand delivered.Contractors shall submit bid on their company letterhead. Informal email bids and/or late bids will not be accepted.Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter intoa contract with the City for the services and provide insurance certificates in their own name for General Liability,Automobile and Workers' Compensation.Workers' Compensation insurance is mandatory.Subcontracting will not be permitted. • "OR EQUAL":Any brand name listed in the specifications as"or equal"or"or equivalent"shall establish the minimum requirements for quality,utility, durability,function,purpose,etc.Other product brands may be offered that are equal to or better than the product brand name.Bidder may show cost difference,altemates and options in the space provided in the quote.This clause is not meant to be restrictive,but to set the minimum standard.THE CITY SHALL DETERMINE,IN ITS SOLE DISCRETION,WHETHER A PRODUCT OFFERED IS."EQUAL."When the designation is"or equal"or "equivalent"City shall make its decision after Bid Closing. • • SCOPE OF SERVICES Supply equipment,personnel,material, and trucks necessary to provide following services to the City of Ashland. Please provide hourly rates and any minimums for service for the following trucking: 12 yd.bob tail Regular truck and transfer 0 Super transfer Mega dump Mechanical sweeper and/or Regen Air sweeper Vac truck Tack distributor truck(include cost of tack per gallon CSS-1 or City approved alt.) Lowboy * Include average net weight hauled by trucks and number of trucks available Please note any special requirements to perform work,number of available trucks, and lead time needed to schedule work in bid. *Contractors my bid on one, any number,or all requested services *Services will be on an as needed basis. *Please provide Firm Pricing from 2-13-2020 to 12-31-2020 *Maximum amount of contract not to exceed$75,000. Multiple contracts may be awarded. *Upon award, Company must complete a-"Goods and Services" contract with the City of Ashland. Sample attached. All Pricing Must Be Held Firm For 30 Days • Form#2-Intermediate Procurement,Invitation to Bid,Trade Services,Page 1 of 2,2/10/2020 IMO Method of Award: ORS 279B.070 Intermediate Procurements. (4)If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise,product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. i ! 1 • • 1 • C;\Users\biondoa\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\182YMA0U\1-13-2020 trucking Form#2- Intermediate Procurement Invitation to Bid-TRADE SERVICES.doc • 2 , • Avram Biondo From: Avram Biondo Sent: Monday, February 10,2020 7:35 AM To: klamathfalls@albina.com Subject: ITB 2020 City of Ashland Contract Trucking Attachments: 1-13-2020 trucking Form#2- Intermediate Procurement Invitation to Bid-TRADE SERVICES.doc;SAMPLE GOODS AND SERVICES AGREEMENT more than $25K KLB.04.30.18.docx Good morning, • Please see attached ITB and sample contract for as needed trucking services for the City of Ashland. We are looking for Firm Price through Dec.31St,2020 for the following: 12 yd.bob tail Regular truck and transfer Super transfer Mega dump Mechanical sweeper•and/or Regen Air sweeper Vac truck Tack distributor truck.(include cost of tack per gallon.CSS-1 or City approved alt.) Lowboy Any additional relevant types of trucking services. • Please include number of trucks available,weights hauled by trucks, any minimums and special requirements.You may • submit bids for any number of trucking services,from one type to all. Multiple contracts may be awarded. Please submit all bids on company letterhead via Email, Fax,or hand delivery by February 13th,2020 10:00 AM PST If you could confirm receipt of this ITB it would be greatly appreciated. Lastly,feel free to contact if you have any questions and have a great day, Avram Avram Biondo Street Supervisor Public Works Street Division S City Of Ashland 90 N. Mountain Ave.,Ashland,Oregon 97520 (541)488-5313 This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error,please contact me at(541)552-2345.Thank you 1 Avram Biondo - From: Avram Biondo Sent: Monday, February 03, 2020 10:33 AM To: Cory Cushman;Robert Lyon; Milt.catter@hgc-inc.net; Barton,Jon; joe.soares@kniferiver.com;mayrock319@gmail.com;Scales@CPlpaving.com; march @charter.net;CPI@centralpipeline.net; pat.mcnairy@westernemulsions.com; info@hgc- inc.net;info@mmservicesllc.com Subject: RE: ITB 2020 City of Ashland Contract Trucking CORRECTION Hello all, I made a mistake in the below email.The due date should read February 13th,2020 10:00 AM PST. I apologize for any confusion. Avram Biondo Street Supervisor Public Works Street Division City Of Ashland 90 N. Mountain Ave.,Ashland,Oregon 97520 (541)488-5313 This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.' If you have received this message in error, please contact me at(541)552-2345 .Thank you From:Avram Biondo Sent:Monday, February 03,2020 10:15 AM To:Cory Cushman<cory@johnnycatinc.com>; Robert Lyon<rlctrucks@hotmail.com>; Milt.catter@hgc-inc.net; Barton, Jon<Jon.Barton@kniferiver.com>;joe.soares@kniferiver.com; mayrock319@gmail.com;Scales@CPlpaving.com; marcll@charter.net; CPI@centralpipeline.net; pat.mcnairy@westernemulsions.com;info@hgc-inc.net; info@mmservicesllc.com - { Subject:ITB 2020 City of Ashland Contract Trucking Hello all, Please see attached ITB and sample contract for as needed trucking services for the City of Ashland. We are looking for Firm Price through Dec.31St,2020 for the following: 12 yd. bob tail Regular truck and transfer Super transfer Mega dump Mechanical sweeper and/or Regen Air sweeper Vac truck Tack distributor truck(include cost of tack per gallon CSS-1 or City approved alt.) Lowboy Any additional relevant types of trucking services. Please include number of trucks available,weights hauled by trucks, any minimums and special requirements.You may submit bids for any number of trucking services,from one type to all. Multiple contracts may be awarded. 1 • Please submit all bids on company letterhead via Email, Fax,or hand delivery by July 16th,2019 2:00 PM PST. If you could confirm receipt of this ITB it wouldbe greatly appreciated. Lastly,feel free to contact if you have any questions and have a great day, Avra m Avram Biondo Street Supervisor Public Works Street.Division City Of Ashland 90 N. Mountain Ave.,Ashland,Oregon 97520 (541)488-5313 This email transmission is official business of the City of Ashland,and it subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at(541)552-2345.Thank you • a , • 2 Western Western Emulsions, Inc. A Emulsions • Asphalts• Emulsions • Road Oils �_-a ' 7701 11th Street,White City OR 97503 Phone: 541-826-3373 Fax: TO: City of Ashland - ATTN:Jaime 20 E Main Street Ashland, OR 97520 • Phone: (541) 552-2010 Fax: RE:2020 Emulsion Supply PROJECT NUMBER: BID DATE: February 10, 2020 Product TONS Price/Ton Tax Effective Freight Per FOB Excluded Thru Ton HPTC_D33 10.00 $485.00 10/31/2020 $0.00 White City CSS-1H 10.00 $600.00 10/31/2020 $0.00 White City DISTRIBUTOR SERVICE $0.00/TON OR $2,280.00 Minimum.Charge $285.00/HOUR (WHICHEVER IS GREATER) Contract Special Provisions: Spreader charge is$285.00/HR.8 Hour Minimum gate to gate 1> All Product Will Conform to Agency specifications. 2> Western Emulsions,Inc.reserves the right to ship from any supply facility on a freight equalized basis. 3> This price quotation is made expressly subject to the Terms and Conditions of the Western Emulsions,Inc.standard purchase agreement. 4> Freight will be billed separately by a common carrier. 5> Freight is subject to a fuel surcharge at time of delivery. 6> The above prices on the above quantities are vaHd for 5(five)days from the date of the quotation and if accepted within the , stated period will remain effective thru the 2020 season. Miscellaneous incidental charges are as follow: All prices based on a 0-ton minimum. Full freight charges to destination and 1/2 freight charges will be assessed on returned. product. No credit will be given for anti-strip or diluted materials. Unloading time:0.00 hours free then$0.00 per hour thereafter. Overnight holdover:$0.00 per night. Restocking fee for returned product:$0.00, Equipment charge for job-site • pump-off,flat fee per occurrence(no polymer modified asphalts)$0.00. Thank you for giving us the opportunity to prepare this bid. Pat McNairy Western Emulsions, Inc. Accepted By: Firm:City of Ashland Date: Quote Number:0000061821 Bid Number:0000061821 RL9p' Rp6ert Lyon Construction, Inc PO Box 1088 Eagle Point, OR 97524 - 541826-8980 *fax 541826-8981 Office@RobertLvonConstruction.com CCB# 205391 Hourly Truck Rental Rates Trucks Rental Rate/Hour Super Bobtail 4 axle $95.00 Mega Dump $105.00 Side Dump $110.00 Super Transfer 30+Tons $110.00 Truck&Pup 27+Tons $110.00 Tub $105.00 Belly Dump 26-30 Ton $105.00 Belly Dump 22-25 Ton $100.00 Water Truck $100.00 Lowbed 5 axle $125.00 Flatbed $110.00 Super Bobtail with Equipment Trailer $110.00 Prevailing Wage Rate for any of the above add'I $10/hour Davis Bacon Rate for any of the above add'I $23/hour Power Equipment Sweeper(Non-Boli/Prevailing wage) $150.00 Sweeper(Boli/Prevailing wage)or grindings $175.00 Vacuum Truck(Non-Boli/Prevailing wage) $175.00 - Vacuum Truck(Boli/Prevailing wage) $200.00 2-hour Minimum charge I Note: RLC Vacuum and Sweeping Trucks include time for travel to job and to clean/wash-out afterwards at RLC yard. Screened Granite $12.00/vd. +delivery I , Effective March 1,2020 ".� _ 1 @ 1 ..a+ry -ae,a.:-vacw-....rJ,... M FC)R�"�,..."aC-2. P.O. Box 89 Jacksonville, OR 97530 Ph: (541) 899-4494 Fax: (541) 899-5626 CCB #111043 City of Ashland: February 13,2020 Firm Price 2-13-2020 to 12-31-2020 Type of Truck Net Legal Capacity Hourly Rental Rate Super Bobtail 4 Axle 14-15 Tons $95.00/Hour Mega Dump $105.00/Hour Semi End Dump (Tub) $105.00/Hour Super Transfer 30+Tons $110.00/Hour Super Truck&Pup 30+Tons $110.00/Hour Belly Dump 27-30 Tons $110.00/Hour Water Truck 4000 Gallons $95.00/Hour Lowboy 5 Axle $125.00/Hour Lowboy 6 Axle $125.00/Hour Lowboy 7 Axle+permits $125.00/Hour Truck Rental—One hour minimum Nighttime rates may be different Prevailing wage job rates are different Thank you, 2l.n. Meh.0. John Holmes Owner Client#: 177721 JOHNCATI YYYY). ACORDT., CERTIFICATE OF LIABILITY INSURANCE 3/09/2020 DATE(MM/DD/MIDD/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE:HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Janniel Gonzales E: Propel Insurance PHONE 541494-7753 FAX 541494-7753 • (A/C,No,Ext): (A/C,No): Medford Commercial Insurance E-MAIL •anniel. onzales ro elinsurance.com P O Box 936 ADDRESS: •g @p p INSURER(S)AFFORDING COVERAGE NAIC# Medford,OR 97501 INSURER A:United Fire&Casualty Company 13021 INSUREDINSURER B:Acceptance Casualty Insurance Company 10349 Johnny Cat,Inc PO Box 89 INSURER C:SAIF 36196 INSURER D:Travelers Prop Casualty Co of America 25674 Jacksonville,OR 97530 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 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. LTR TYPE OF INSURANCE INSRL SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 60502471 03/26/2019 03/26/2020 EACH OCCURRENCE $1,000,000 E CLAIMS-MADE X OCCUR, PREMI3ES0(Ea occur°nce) $300,000 X PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY X JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: • $ A AUTOMOBILE LIABILITY 60502471 03/26/2019 03/26/2020 COMBINEDaccident)SI $NGLE LIMIT 1,000,000 (Ea X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X $ AUTOS ONLY (Per accident) B x UMBRELLA LIAB X OCCUR XOL410049000 03/26/2019 03/26/2020 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 _ DED I X RETENTION$10,000 $ C WORKERS COMPENSATION 746114 10/01/2019 10/01/2020 X MUTE EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE-$500,000 If yes,describe under --- - DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $500,000 D Cargo 6605N322317TIL19 03/26/2019 03/26/2020 Limit:$500,000 Ded: $1,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The GL&Auto policies include blanket additional insured endorsements[provisions]that provide additional insured status to the certificate holder when there is a written contract between the named insured and the certificate holder that requires such status. Re:the City of Ashland,Oregon,its officers,agents and employees"with respect to claims arising out of , the provision of Work under this Agreement. CERTIFICATE HOLDER CANCELLATION. Cityof Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4046787/M3809084 EKCOO • POLICY NUMBER: CG 20 10R 1211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION the , qualifying language above because of Any person or organization to whom or to which payments we make for injury. the named insured is obligated by a virtue of a written contract to provide insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job location must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, partners, successors, contiguous State thereto. parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entities, including but not limited to The type of work performed must :be that as agents, volunteers, servants, members and described under classifications in the CGL partnerships are included as additional insureds, Coverage Part Declarations. if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved,the coverage applies to off- PRIMARY CLAUSE: site operations only. If the purpose of. this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies. is afforded by the general liability policy is primary insurance and other insurance shall be WHO IS AN INSURED: (Section II) excess and shall not contribute to the insurance This section is amended to include as an afforded by this endorsement. insured the person or organization within the scope of the qualifying language above, but only EXCLUSION to the extent that the person or organization is This insurance provided to the additional insured held liable for your acts or omissions in the does not apply to "bodily injury", "property course of "your work" for that person or damage" or "personal and advertising injury" organization by or for you. The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or failure to render any policy coverage as respects the additional professional services, including: insured does not apply to any work involving or 1. The preparing, approving, or failing to related to properties intended for residential or prepare or approve, maps, designs, habitational occupancy (other than apartments). shop drawings, opinions, reports, This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to the drawings and specifications; and named insured(s). 2. Supervisory, inspection, architectural or engineering activities. WAIVER OF SUBROGATION: We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have against the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG201OR1211 Page 1of1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission This page has been left blank intentionally. COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract, Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense -Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair—Deductible Amendment 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction B. BROADENED LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an"insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or"property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someoneelse who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III —PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of$1,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense— Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If"loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects 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 $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over, any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1,000 per "loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable. (Auto Loan/Lease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered"auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease /loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair—Deductible Amendment) H. GLASS REPAIR —DEDUCTIBLE SECTION III —PHYSICAL DAMAGE COVERAGE —D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or"loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or"property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V—DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7