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HomeMy WebLinkAbout2013-325 Contract - Robertson Sherwood Architects Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Robertson/Sherwood ASHLAND CONTACT: Carl Sherwood 20 East Main Street Ashland, Oregon 97520 ADDRESS: 132 East Broadway, Suite 540 Eugene, Oregon Telephone: 541/488-6002 97401 Fax: 541/488-5311 TELEPHONE: 541-342-8077 DATE AGREEMENT PREPARED: FAX: 541-345-4302 BEGINNING DATE: September 6, 2013 COMPLETION DATE: December 20, 2013 COMPENSATION: $2410.00 SERVICES TO BE PROVIDED: Phase 1.-wti-t evaluation of Building and Mechanical needs at Daniel Meyer Pool as proposed in quote. J&__ ADDITIONAL TERMS: Schedule of Charges to be included to this contract as an exhibit. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract 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. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save 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 arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 06/30/2013, Page 1 of 6 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract 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 contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in 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 contract. e. Obligation/Liability of Parties. Termination or modification of this contract 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 subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract 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 shall not create any contractual relation between the assignee or subcontractor and City. 13. 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 it owes under the Contract, its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers ~b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: 4.~_~- $200,000, $500,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. CA- /c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, :S i,CC0,C09, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, ; .,J C CLG., or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, Revised 06/30/2013, Page 2 of 6 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' 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 required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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. 15. Governing Law; Jurisdiction; Venue: This contract 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/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract 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 the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liabili Consultant. Certifi tion Co ultant shall sign the certification attached hereto as Ex it A and herein incorporated b reference. onsulta City of Ashlar r B, - ignature Department Head Print Name Print Name SIYi«k/rye Nt'~'`• 01 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2013, Page 3 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, 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) Contractor 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. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria/: W (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. liy (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) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date Contract for Personal Services, Revised 06/30/2013, Page 4 of 6 Robertson Sherwood Architeds 132 East Broadway, Suite 540 P 5411342.8077 www.robertsonsherwood.com Eugene, Oregon 97401 F 5411345.4302 5 September 2013 City of Ashland, Parks and Recreation 340 S. Pioneer St. Ashland, OR 97520 Attention: Lonny Flora, Recreation Coordinator Re: Facility Site Review - Daniel Meyer Pool Dear Lonny: Robertson/Sherwood/Architects pc in association with Systems West Engineers, Inc. are pleased to offer this proposal to perform a brief evaluation and assessment of the Daniel Meyer Pool facility. We would propose a two-step approach to this assignment as follows: Phase 1 1. Visit site to review existing conditions and survey initial observations regarding condition of existing building, structural, pool, plumbing, HVAC, and electrical systems. 2. Meet with staff to review and discuss existing known issues with existing systems. 3. Advise staff on-site of initial observations and recommendations for possible improvements or further study. 4. If requested, provide a proposal for further study, outlining an approach to a more detailed evaluation and assessment report. Phase 2 (if authorized) 5. Utilizing data collected from site visit, and/or additionally supplied by City of Ashland personnel: a. Complete further evaluation and analysis of existing building, structural, pool, plumbing, HVAC, and electrical systems. b. Evaluate functional performance of the facility in view of current building, accessibility, and health code requirements. 6. Prepare a list of recommended system improvements categorized by priority such as life-safety, major deficiencies or system failure, energy efficiency, improved performance. 7. Prepare budget cost estimates for recommended system improvements. 8. Provide a summary report detailing the evaluation findings. (See Sample attached) We propose to provide the range of services for Phase 1 described above, including reimbursable expenses, on an hourly basis (based on an 8 hour day) as noted: Robertson/Sherwood/Architects (1 day) $ 1,040 Systems West Engineers - MEP Evaluation (1 day) 1,170 Estimated Reimbursable Expenses $ 200 Page 2 City of Ashland, Parks and Recreation Attn: Lonny Flora, Recreation Coordinator Re: Facility Site Review - Daniel Meyer Pool 5 September, 2013 We would anticipate being able to schedule Phase 1 services for September 13`h, with a follow-up summary letter or proposal. Based on the scope of other similar studies, we would expect the Phase 2 services to be in the range of an additional $2,500 - $3,000 depending on the scope of further study. It would be unlikely that an additional site visit would be necessary to complete the final study, but could be included if necessary or additional meetings with City of Ashland staff would be desired. Please feel free to contact me with any questions. Sincerely, 4000 rz Carl Sherwood, AIA Principal Attachments: Schedule of Charges Robertson I Sherwood Architects Pc 132 East Broadway, Suite 540 Eugene, Oregon 97401 P 5411342.8077 F 541 345.4302 www.robertsonsherwood.com • r Schedule of Charges June 2012 Professional Services: Principal Architect $ 135.00 /Hour Senior Associate Architect $ 115.00 / Hour Associate Architect $ 105.00 /Hour Staff Architect ll $ 100.001Hour Staff Architect I $ 95.00 / Hour Intern, Level// $ 85.00 /Hour Intern, Level/ $ 80.00 /Hour Administrative Assistant $ 55.00 /Hour Professional Services By Consultants: For services of outside consultants, charges will be made at actual invoice amount. Reimbursable Expenses: The following expenses are considered reimbursable and will be charged at the rates listed. Commercial Printing Actual Cost Commercial Travel Actual Cost Facsimile Charges $ .20 per page Film & Processing Actual Cost Meals and Lodging Actual Cost Mileage Federal IRS Rate Office Copying (Xerox) $ .10 per page Office Printing (Drawings) $ 2 50 per sheet Office Plotting (24 x 36 inch) $ 1.80 per sheet Office Plotting (11 x 17 inch, Color) $ 1.50 per sheet Office Plotting (11 x 17 inch, B & W) $ .10 per sheet CD $ 5.00 per disk Postage & Shipping Actual Cost Telephone, Long Distance Actual Cost Terms: Payments are considered due within thirty calendar days of the invoice date. A late charge of one point five percent (1.5%) compounded monthly will be assessed against any unpaid balance, effective thirty-one days after invoice date. SAIF Corporation 9/26/2013 4:38:28 PM PAGE 1/001 Fax Server www.eaif.mm OREGON WORKERS COMPENSATION 10 Vaif CERTIFICATE OF INSURANCE poration CERTIFICATE HOLDER: CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 345405 07/01/2013 to 07/01/2014 09/26/2013 INSURED: BROKER OF RECORD: ROBERTSON SHERWOOD ARCHITECTS PC 132 E BROADWAY STE 540 EUGENE, OR 97401-3176 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. AUTHORIZED REPRESENTATIVE x6glp" P P'CCIAij President and CE.OJ 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.373.8020 Policy_9atch_Cer[IflcateOllnsu ranee al ramL/rr DATE (WAXEDMNY) AV CERTIFICATE OF LIABILITY INSURANCE 9/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATWELY 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 be endorsed. If SUBROGATION IS WAIVED, subject to the teens and conditions of the polity, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCONTACT AME: Stan Pease Shipley & Pease Insurance °tiHONN EX,: 503-282-3444 is Na):503 282 3345 PO Box 928 noDRESS Stan@shipleyins.com Woodinville, WA 98072 INSURER(S) AFFORDING COVERAGE NAGa INSURER A: Travelers Indemnity Co of Amer INSURED Robertson/Sherwood Architects, PC INSURER B: Travelers C & S of America 132 East Broadway, #540 INSURER C: Eugene, OR 97401-3186 INSURER D: 541-342-8077 INSURER E: INSURER F'. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE a POLICY NUMBER QLIW /YWY) (MMIDOA'WY) LIMITS 5,000 00 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCk4000,OOO CIAIMSAMDE OCCUR PREMISES (Ea orcu 00 Business NED UP I Anyore PeA Owners Policy 6803788M279 8/19/1 8/19/1 PERSONALS ADV IN00 GEHL AGGREGATE LIMIT APPLIES PERy GENERAL AGGREG00 POLICY JET E] LOC PRODUCTS COMPO OTHERAUTOMOBILE LIABILITY Ea accieam ed ANYAUTO BODILY INJURY (Per Person) E ALLOWNED SCHEDULED 6803788M279 8/19/138/19/1 BODILY INJURY (Per acdtlenU $ A AUTOS A. NONEWNED PROPERTY DAMAGE E X HIRED AUTOS X AUTOS (Per ocodenQ b UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CIAIMS-MADE AGGREGATE $ OED RETENTION E $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOWPARTNEFIEXECUTME NIA E. L. EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE- EAEMPLOYEE $ If yes, desaWe under DESCRIPTION OF OPERATIONS W. E.L. DISEASE- POLICY LIMIT $ B Professional 105635374 7/1/13 7/1/14 2,000,000 Each Claim Liability $15,000 Ded. 4,000,000 Aggregate $45,000 re ate DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, AddiOmal Remahs Sd Mua, maybeaHachaiN mnrespace is repured) As respects General Liability certificate holder is named an Additional Insured as respects operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E Main St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. FAX 541-488-5314 AUTHORIZED REPRESENTATIV © 1988-2013 ACORD CORPORATION. All rights reserved. ACORD25 (2013/04) The ACORD name and logo are registered marks of ACORD To: Pnpe 9 of t3 20t 3-O9-t03t:91:30 (O MT) t509B9J50t6 Flom: Shlpleyb Punae Inau.n nae COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS ,.This endorsement modifies insurance provided under the following:.' COMMERCIAL GENERAL LIABILITY COVERAGE PART " PROVISIONS b. The "personal injury" or "advertising Injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an. of- ....-(Section IV), Paragraph .4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that contract or agreement by you, 1. `The following is added to Paragraph a. Primary Insurance: ..2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in ftow~ver If Xoti spec fiCttllY agree !a Wrtitir con ~traetor wrrt[enagreQmentthifhemsoranceLI pro surance available to you is deleted. vrded toy an Ladd+tronai~ rrtsurede undirn-Qhis 3.. The following is added to Paragraph b. Excess Cove~age~Parl rnuSt applY'on a p unary basYs or Insurance, as an additional Subparagraph..under a;'phinary and nov~tcont+butory baaas`th+s nsu' Subparagraph (1): aJ3:te+S tpnin:ary i4 ot#3eY~,rnsura rCe~tpryt~is 8varly That is available to the insured when the Insured Jat le to suchaaddti,onal tnsuredzwh ch,couers(suc~h is added as an additional insured under any other . addltlonat IriaL~ed as af`i~rnedinsured and yve= policy, including any umbrella or excess policy. 11J hobshart with that otlttinaneeprRV+de~i .a. The "bodily injury" or "property damage" for which coverage is sought occurs;' and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 To: Ps9e 4 of t3 20t 3-09-t0 2t:9t:30 (AMT) t50389450t 6 From. SM1lpley 8 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -(ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: "COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added. to WHO,IS AN INSURED... INSURANCE (Section III) for this Coverage (Section IQ: Part- ~Any~E n d~ grgantzaI n fttat;y%u agreo,m a B. The following is added to Paragraph a. of 4. g cOp#ractor agreement regmnng°£Irisurahge to to Other Insurance in COMMERCIAL GENERAL.. Ycl de as an addtttonalms ru ed orl this Covefagey LIABILITY CONDITIONS (Section IV): as but only whiff spect to`jttabllrty for bodtty In However, if you specifically agree in a "contract or turyt a Ilprope ty damage` or personal Injary' agreement requiring insurance" that the insurance caiised =fn who{e oar top rWVyou~4acts~o ~omis~ Provided to an additional insured under this Cov- M n stops orthe acts q( omissions of thosr acUng,oft~, erage Part must apply on a primary basis, or a yolrbetjalf",' primary and non-contributory basis, this insurance a~lnthe peform_ancof~yourgongolrgopera' is primary to other insurance that is available to tions;'4 - such additional insured which covers such addi- - b;ln conneebonwtfhprentlsesownedbyor tional insured as a named insured, and we will not trented to'you ~o share with the other insurance, provided that: (1) The "bodily injury " or "property damage" for c':tln connestiotrxwtlfi'yiur workyantl Ihctusled!= wtthlr }the;ep[odpcts completedaperations which coverage is sought occurs; and hazar4l-- (2) The "personal injury" for which coverage is. Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- -agreement requiring insurance". But this insur- son or organization has assumed liability in a con ante still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided.to such additional insured _ on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under any other insurance. d. This insurance does not apply on any basis to ...any person or organization for which cover C. The following is added to Paragraph 8.1 >Transfer age as an additional insured specifically is Of RtghtS Of Recovery Ag2mst Others To"°Us . added by another endorsement to this.Cover- .Am1COMMERCIAL; GENERAL-LIABILITY CO(N age Part, DtTIO_NS (Section IV): ' e. ..This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional. against any person or organization because of services". payments we make for "bodily injury", "property . ' f., The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring incur - less. This endorsement does not increase the ante" with such person or organization entered -limits of insurance stated. in the LIMITS ..OF into by you before, and, in effect. when, the "bodily CG D3 81 09 07 ® 2007rT6 eTTavelers Gampanfes;ncF Page 1 of 2 Includes the copyrighted material of insurance Services Office, Inc., Wth its permission 005387 To: Pepe 5 of '13 2013-09-'1 O 2:91:30 (GMT) 150SH9950'IB From: Shl ploy 8 Penee Ineu,e noe COMMERCIAL GENERAL LIABILITY. injury" or "property damage" occurs, or the."per erage Part, provided that the "bodily injury" and sonal injury" offense is committed. '.property damage" occurs, and the "personal in- p. The following definition is added to DEFINITIONS Jury" is caused by an offense committed: (Section V); A., After you have entered into that contract. or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. -While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional. insured on this Cov- c. Before the end of the. policy period.. Page 2 of 2 0 2007 The Travelers Companies, Inc. CG D3 81 04 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission To: Pu9e a of 13 2913-09-'1 O 2'I:Y1:30 (GMT) '1503H9<50'1 B Rro m: SM1lpley 8 Pea~u ,n~u.enoe COMMERCIAL GENERAL LIABILITY..... THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS; ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following:. " . COMMERCIAL. GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. - T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this .,endorsement carefully to determine rights, duties, and what is and is not covered. A f3rtadeoed-Named lnsad3 N. Additional Its"5Uied ArcttEeA=~s~~Engineer~94(?r~ B. Incidental Medical Malpractice Surveyd€ C. Reasonable. Force - Bodily Injury Or. Property, 0... Who Is An Insured Newly Acquired Or. Formed 'Damage Organizations Q.- Non-Owned Watercraft ,Increased To Up To 75 P. Who Is An Insured - Unnamed Partnership Or. ' Joint Venture - Excess feet Q. Per Project General.Aggre.gate Limit E. Aircraft Chartered With Crew . F. Extension Of Coverage„ Damage To Premises R Knowledge ,.,And Notice. Of Occurrence ..,Or Rented To You Offense G, Malicious Prosecution - Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T, 0Waiver _06$Transfer~cOf 'ghts,M"E ecovery A alns 4 H. Medical Payments Limit 9 t~Others T~Us_ Wtien;~Required;~f3"y',COrs,. , lract7q,greem er t 1 Increased Supplementary Payments - - U. Amended Bodily Injury Definition J A°ddiionali$hared t? vner fvlat tiger Ort es r..., QfP%emisgS:: V. Amended Insured Contract Definition Railroad Easement K ~Adifionalglnsured=Lessor Of,Leased Equipment W. Amended Property.Damage Definition - Tangible.. - 1 1, L. Additional Insured - State Or Political Subdivi- sions- Permits Relating To Premises Property - :M; Additional Insured -State Or Political,Subdw X. Additional Definition Contract or Agreement Requiring Insurance sions -Permits Relating To Operations PROVISIONS _ -;coverage for any such additional organization 'A. BROADENED NAMED INSURED. will cease as of the date, if any, during the - - ` "policy period, that you no longer are the sole -1.. The Named Insured in Item 1. of the Com owner of, or maintain the majority ownership mon Policy Declarations is.amended as fol interest in, such organization. lows: .2. This Provision A. does not apply to any per- The person or organization named in Item 1 of the Common Policy Declarations and any son or organization for which coverage is oy- cluded by another endorsement to 1h.is.Go- organization, other than a partnership, joint • erage Part. venture, limited liability company or trust, of B INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership interest on 1. The following is added to Paragraph 1. Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY CG D3 79 09 07 D 2007 The Travelers Companies. Inc. Page 1 of 8 To. Pepe70l t3 20t 3-09-t02t:>t:90 (OMT) t50359450t6 From: 5M1lp1ey8 PUa~a ln~~mnce - COMMERCIAL GENERAL LIABILITY - - INJURY AND PROPERTY DAMAGE _ Ll- C. REASONABLE FORCE -BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE .Co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section I) is de- . deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage, ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This the furnishing of the services to any one per. exclusion does not apply to "bodily injury" or son will be deemed one "occurrence.'.. ' "property damage" resulting from the use of rea- 2. As used in this Provision 8.: sonable force to protect any person or property. a, . "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT -INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; 1. The exception contained in Subparagraph (2) . ..the furnishing or dispensing of drugs or.. medical supplies or appliances, of the Aircraft, Auto Or Watercraft Exctu- sion in 2. Exclusions of COVERAGE A b. ."Good Samaritan services' means those ' -BODILY INJURY AND PROPERTY DAM-..., medical services rendered or provided in AGE LIABILITY in COVERAGES (Section l) ne emergency and for which no remu- ' . is deleted and replaced by the following: ne ' - ration is demanded or received. ' (2) A watercraft you do not own that is. . 3.. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any of (a) Less than 75 feet long; and. your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED -their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is, respon-, of their employment by you, sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE,. other insurance available to the insured, LIABILITY.in COVERAGES (Section 1): whether primary, excess, contingent or on " Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or "property damage" aris- chased specifically by You to apply in excess " ing out of the willful violation of a penal of the Limits of insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- 5.. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured; COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY. in COV- any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown. in the Deola- to any insured, rations-for this Coverage Part. Page 2 of 8 © 2007 The Travelers Companies, Inc. CG D3 79 09 07 To. Pvpv B of l3 201 3-09-t0 21:41:30 (6MT) 1 503 69 4 5 01 6 From. Snlp,vy 6 Pevvv Invu nanov COMMERCIAL GENERAL LIABILITY 2. 'This Provision E. does not apply if the char- any one premises while rented to you, or ~tered aircraft is owned by any insured. - temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner, caused by: fire; explosion; light- ng; smoke resulting from such fire, ex lo- shall be excess over any valid and collectible m g p other insurance available to the insured, son, or lightning; or water. The Damage To ,whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by the same "occurrence", whether such dam- chased specifically by you to apply in excess ` of the Limits of Insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part,.., - smoke resulting from such fire, explosion, or lightning; or water; or any combination of any.... F.. EXTENSION OF COVERAGE - DAMAGE TO. of these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The last paragraph of COVERAGE A BOD- ` "Limit will be the higher of:, ...ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is a. $1,000,000; or deleted and replaced by the following: b, The amount shown for the Damage To Exclusions c. through n. do not apply to dam- Premises Rented To You Limit in the ' ago to premises while. rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you ,with permission of 4. Paragraph a. of the definition of "insured con- , the owner, caused by, tract" in DEFINITIONS (Section V) is.deleted a. Fire; and replaced by the following: b. Explosion; a. ''A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that indemnifies any d. Smoke resulting from such fire, explo-. person or organization for damage to sion, or lightning: or,._- premises while rented to you, or tempo- e. Water. rarily occupied by you with permission of the , A separate limit of insurance applies to this owner, caused by: fire; explosion; lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN SURANCE (Section III). explosion, or lightning; or water is not an "insured contract"; 2. 'The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by:.., PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- 'ERAGES (Section 1) is excluded by, another sure relief devices; endorsement to this Coverage Part. b, Rupture or bursting due, to expansion or G. MALICIOUS PROSECUTION - EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION,. OF RIGHTS .OF. AN- structure, caused by or resulting from wa OTHER EXCLUSION -ter; or The following is added to the Knowing Violation c. Explosion of steam boilers, steam, pipes, of Rights Of Another Exclusion in 2. Exclu- steam engines, or steam turbines. pions of COVERAGE B PERSONAL. INJURY, 1. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section III) is deleted and replaced by !he JURY LIABILITY of the WEB XTEND,LIABILITY following: Endorsement Subject to 5. above, the Damage To Prem- This exclusion does not apply to "personal injury" - ises Rented To You Limit is the most we will caused by malicious prosecution, pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 © 2007 The Travelers Companies, Inc. Page 3 of 8 To: PeOe9of '19 2013-00-1021:41:3O(6MT) 50369<50'IB Rrom: SlilpleyB Pes~e lnsufnnae -COMMERCIAL GENERAL LIABILITY H. ..MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is.'increased, to performed by or on behalf of.such ' $10,000. ' additional insured; or 1. -INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another, endorsement to Paragraphs `1.b, and 9.d. of SUPPLEMENTARY this Coverage Pan. PAYMENTS COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 3. This Provision J. does not apply on any basis to any person or organization for 1._• In Paragraph 1.h., the amount we will pay for which coverage.as an additional insured the cost of bail bonds is increased to $2500. specifically is added by another an- . 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to $500 a day. K. ADDITIONAL INSURED LESSOR OF J. ADDITIONAL INSURED - OW.NER,,MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES q, WHO IS AN INSURED (Section 11) is 1. WHO IS AN INSURED (Section II) . is amended to include as an insured: amended to include as an insured: Any person or organization that you have ...Any person or organization that you have ;agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional. insured on this...Coverage as an additional insured on this Coverage : part, but Part, but:, . a,. Only with respect to liability for "bodily in- a.. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or jury„ or "property damage" that occurs, or personal in1urY° caused by an offense "personal injury" caused by. an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and , that contract or agreement; and b. Only if the "bodily ln1'u ry" "property dam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in - age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- anses out of the ownership, maintenance " ment leased to you by such additional in or use of that part of any premises leased sured. to you under that contract or agreement. 2.. The insurance provided to such additional ' 2. The insurance ' provided to such additional insured under this Provision K. is subject to insured under this Provision J. is. subject to the following provisions: the following provisions: a.. The limits of insurance afforded to such a. 'The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part whichever are less; and whichever are less; and b, The insurance afforded to.such additional , b. The insurance afforded to such additional insured does. not apply: insured does not apply to: - (1) To any "bodily injury" or "property (1). Any "bodily injury" or "property dam- damage" that occurs, or "personal in- age" that occurs, or "personal injury " jury" caused by an offense commit- caused by an offense committed, af- led, after. the equipment lease ex.-. you cease to be a tenant-in that -pires; or, premises; Page 4 of 8 © 2007 The Travelers Companies, Inc. CG D3 79 09 07 To: Pspu ',O Of 13 ~9~9-99-1921:9'1:39 (6MT) '150969<BOl6 Foam: Slilpluy6 PUSae lnauranou COMMERCIAL GENERAL LIABILITY (2) If the equipment. is leased with an N. ADDITIONAL INSURED. -ARCHITECT, ENGI operator.... NEER OR SURVEYOR 3. This Provision K. does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED (Section ll),to include, erage as an additional insured specifically is , as an insured: added by another endorsement to this Cov. Any architect, engineer or surveyor engaged erage Part. ' by or for you that you agree in a "contract or _,L, ADDITIONAL INSURED - STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS -PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for "bodily in- .The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" IS AN INSURED (Section ,II) to include as_an . that is caused, in whole or in part, by acts or insured: omissions of you or any Person or or9aniza- tion acting on your behalf in connection with ......Any state or political subdivision that has issued a your premises or "your work permit in connection with premises owned or oc- '..cupied by, or rented or loaned to, you, but only 2. This Provision N. does not apply on any basis with respect to "bodily ' injury", "property damage" , to any person or organization for which cov- - ''personal injury" or' advertising injury' arising out erage as an additional insured specifically is of the existence, ownership, use, maintenance, 'added by another endorsement. to this Cov- repair, construction, erection or removal of adver- erage Part. tising signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED - NEWLY ACQUIRED `coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state. or, (Section 11),is deleted and repla&ed.by the political subdivision has issued such permit. 'following: M.-ADDITIONAL INSURED - STATE OR POLITI- a. 'Coverage under this provision is afforded ,CAL SUBDIVISIONS PERMITS RELATING TO OPERATIONS only until the 180th day after you acquire or form the organization or the end of the The following is added to Paragraph 2. of.WHO .,_policy period, whichever is earlier. Any ' '15 AN INSURED (Section 11) to include as an such newly acquired or formed organiza- ' insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury", organization will be covered under this "property damage "personal injury" or "advertis- provision until the and of the policy pe- ing injury" arising out of operations performed by riod, even if there are more than 180 you or on your behalf for which that state or po- ..days remaining until the end of the policy -litical subdivision has issued such permit. How- period; - ever, no such state or.political_subdiviision -is an .2. This Provision O, does not apply to any or- insured for: ganization for which coverage is excluded by . 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED - UNNAMED PART- operations performed for that state or political . NERSHIP OR JOINT VENTURE - EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or "property damage" included (Section II),is.deleted and replaced by..the'.. within the."products - completed operations fallowing: hazard" - ' 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 In- sured in the Common Policy Declarations. CG D3 79 09 07 0 2007 The Travelers Companies, inc. Page 5 of 8 To: Pspe tt of l3 20t 3-OH-t02t:6t:30 (O MT) t50309650t6 From: Sh,pley 6 Pence ,naurn nce COMMERCIAL GENERAL LIABILITY . However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical She business of any current or. past partner- expenses shall reduce the. Per Project Gen- ship.orjoint venture eral Aggregate Limit. for that "project", but a.. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations, and a, Any other Per Project General,Aggregafe b... In which you are a member or partner Limit for any other "project"; where each and every one of your co- b. The General Aggregate Limit; or ventures in that joint venture is an arch', , engineering, or surveying firm. c. The Products-Completed. Operations Ag-_ tectural gregafe.Limft. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- . . Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- : . age To Premises Rented To You and Medical , erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. ' General Aggregate Limit when the Per Pro-. shall be excess over any valid and collectible. ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: . contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued. to ing the applicable aggregate limit of insur- such partnership or joint venture- ance, each project" that includes premises involving the same or connecting lots, or Q.. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- Section 111 is deleted. and replaced b the of-way of a railroad shall be considered a sin- following: gle "project', The General Aggregate Limit is the ,most..we R. KNOWLEDGE AND NOTICE OF OCCUR-. will pay for the sum of: RENCE OR OFFENSE a. .Damages under Coverage B; and The following is added to Paragraph 2. Duties In b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY ,erage A and for all medical expenses CONDITIONS Section IV): , caused by accidents under Coverage C ( 'which cannot beattributed only to opera-.Notice of an "occurrence" or of an offense which lions at a ''project% may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- Practicable after knowledge of the "occurrence" SURANCE (Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one A separate Per Project General Aggregate ' of your partners who is an individual (if you are a .Limit applies to each "project" for all sums ' 'partnership), one of your managers (if you are a which the insured becomes legally obligated to damages caused b limited liability company), one of your trustees pay as by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage ' risk manager or administrator) designated by you - C which can be attributed only to operations to give such notice. at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other "employee" of an "occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part. have such knowledge. Page 6 of 8 0 2007 The Travelers Companies, inc. CG 03 79 09 07 To: Pipe t2 of t3 20t3-09-t02t:<t:30 (O MT) 1.0.....01. Fio m: Sl,Ipley6 - COMMERCIAL GENERAL LIABILITY - Notice of an "occurrence" or of an offense which 4~Yourpioduc#s may result in a claim will be deemed to be given at~lewatvelhese,nghts orty whetg you' hale as soon as practicable to us if it is given in good agreed~3o tto sa°sart,+Of'~a Goni[a1pr ag(e°~ faith as soon as practicable to your workers' com- ment entered,+rti.byxyau before, andwlrt effect pensatioq accident, or health insurer. This ap- gwhen;'~fhea boYNY~injQTy ,,gip operty damagea plies only if you subsequently give notice of the , ,gccurs or,the,personai,i~Juryoffense Dreayer~= occurrence" or offense to us as soon as pract+- 4tfsjtg°ttttilry R ii ,cpmiijitted ;I cable after you, one of your "executive officers" (if you are a corporation), one, of your partners U. AMENDED BODILY INJURY DEFINITION who is an individual (if you are a partnership), The definition of "bodily injury" in DEFINITIONS one of your managers (if you are a limited liability (Section, V) is deleted and replaced by the follow- company), one of your trustees who is an individ- ing: • "Pal (if you are a trust), or an "employee" (such as " an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, including s.ickness . or disease, discovers that the "occurrence" or offense may, sustained by a person; involve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any _ time from such . . 1. The following is added to Paragraph 6. Rep- Physical harm, sickness or disease; or resentations of COMMERCIAL GENERAL c•.' Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness The unintentional omission of, or uninten- or disease. tional error in, any information provided by V., AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- -RAILROAD EASEMENT icy shall not prejudice, your. rights under this 1.. Subparagraph c. of the definition of "insured insurance. contract" in DEFINITIONS (Section V) is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our a Any easement or license agreement; • right of cancellation or nonrenewal in actor- y, ;Subparagraph f.(1) of the definition of "in- ' dance with,applicable insurance laws or regu sured contract" in DEFINITIONS (Section V) lations, is deleted. TRf1WA1VER OFTRANSFER OF RIGHTS OFY W, AMENDED PROPERTY DAMAGE DEFINITION REGOVERX AGAINSTQTHERSrt OpUS~WIEN„ REQUIRED $,Y,"CbNTRACT~OR gGR~EMENT -TANGIBLE PROPERTY The definition of "property damage" in DEFINI- . The foliowtng&ls'aidded`to Paragrajl~B~TransfeF= Us"of3 TIONS (Section V) as deleted and replaced: by ;gf`R+ghts 6QRecovery Agalnst~0ihers R. ........the following: . ~CDMMERClA1c~GENERAI,-,LIQBI,LIT,Y,COND~,,., T10tJ$ (Section tV}, "Property damage" means: r °Op a.,_ Physical injury to tangible property, including laga;Istzariy',pQtsai6ao[~gcTf,Flzdtlo} taeGffuSe` of .all resulting loss of use of that property. All eni b0 t,-U rtl erf such loss of use shall be deemed to occur at PaYfn s wg make-fof„a dIrv, hJ Y P Ei Y' daS-0ge'. 0perso~al mJury or ,adygrt+s+ng InLi ry,° the time of the physical injury that .caused it;_ ,arisltg out of or .1 41 w Qr b. Loss of use of tangible property that is not 1 ?remisQS R ned,bY.you temp only ac4u aped by yoU^rith perm+ssronf,,iheyowneror, physically injured. All such loss of use shall leaSedented taxyou be deemed to occur at the time of the 'occur 2 „Ongoing apefat+on$perlarmed -bYYduoron rence" that caused it zyour behalf ~underafcontrac(1grag eentr.,. For the purposes of this msurance,,tangible prop $w+thttiat person or orgapazatiort erty does not. include data. ` CG D3 79 09 07 0 2007 The Travelers Companies. Inc. Page 7 of 8 To: Pepe t3 0~ t3 2pt 3-09-10 21.41.30 (p MT) t60369650t6 Room: SM1lpluy 6 Peuau Inau.a noe COMMERCIAL GENERAL LIABILITY X. The following definitionjsiadded to SECTION V- and "property damage" occurs, and the "personal DEFINITIONS injury" is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered into that contract or.., 'means that part of any contract or agreement agreement;` - ...,under which you are required to include a person b. While that part of the, contract or. agreement or organization as an additional insured on this Coverage Part, provided that the bodily injury is in effect; and c. Before the end' of the, policy period_ Page 8 of 8 © 2007 The Travelers Companies, Inc. CG D3 79 09 07 9~f Page 1 / 1 POORDER Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 1 10/2/2013 00287 1 ASHLAND, OR 97520 . (541) 488-5300 VENDOR: 004310 SHIP TO: ROBERTSON SHERWOOD ARCHITECTS 132 EAST BROADWAY SUITE 540 EUGENE, OR 97401 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description - Unit Price Exk Price Site visit to evaluate Daniel Meyer 2,410.00 pool building and mechanical systems Contract for Personal Services Beginning date: September 6, 2013 Completion date: December 20, 2013 SUBTOTAL 2,410.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 2,410.00 ` Account Number - Project Number Amount Account Number Project Number - * - Amount E 411.12.00.00.70420 E 000042.999 2,410.00 Aut rizedSignatur VENDOR COPY FbRM #3 ~l ~'(G~/~ 5 CITY OF A recluest for a Purchase Order ASHLAND REQUISITION Date of request: I &11 Required date for delivery: Vendor Name ber C Address, City, State, Zip 13*2- 0sr Wnfy-aoa yl..Su I 4~-- `Sc/O Contact Name & Telephone Number J~f(-~ Fax Number 'l - 3yS- ~~ib2 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ' ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbalMdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract If PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement 5 000 to 75 000 ❑ Form #9, Request for Approval ❑ Agency Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost 1 z. 1JI6 i i- L~17v'I'e) YV eV - i'oo i TD -%E t/Q LG( j BuII t IiNc, rrNI-) lKe64wtrC'r 1 s1f5Awt5 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost . ~'e, (J TOTAL COST 71 Per attached quotelproposal « $ Project Number______-___ Ac unt umbe 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: ITDirector Date Support -Yes/No By signing this req 'sition form, I certify that the City's public contracting requirements have be satisfied. Employee Signatu ~~~.Q g'r A Department Head Signature: (Equal too er ran $5,000) City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., YES / NO Finance Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition