Loading...
HomeMy WebLinkAbout2016-038 Contract - Vitus Construction Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Vitus Construction Inc. -AS H LAND CONTACT: John Kennedy 20 East Main Street Ashland, Oregon 97520 ADDRESS-.P.O. Box 1097 Gold Hill, OR 97525 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE:541.855.7177 DATE AGREEMENT PREPARED: FAX: 541.855.7250 BEGINNING DATE: 2/1/16 COMPLETION DATE:2/29/16 COMPENSATION: Not to exceed $4,250 per quote attached as exhibit C GOODS AND SERVICES TO BE PROVIDED: Concrete work on floor of powerhouse. Per quote attached as exhibit C ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 27913.225, 2796.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor 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 work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor 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 Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. 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 Contractor, or at such later date as may be established b City under an of the following Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 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 Contractor 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 Contractor 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 Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor 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, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor 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 Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor 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. Contractor 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. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor 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. 16. Insurance. Contractor 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. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 2 of 5 i d. 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 Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor 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 Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. 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 Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. 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 Contractor 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. Contractor, 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. 18. 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. CONTRACTOR, 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. 19. 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. Contractor 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 Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City lofAshiand B y By Signature Department Head Print Name ' Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 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: (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. (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. 2/y r~ Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 r ITUS CONSTRUCTION INC. 9F - January 28, 2o16 Mr. Tom McBartlett III City of Ashland go North Mountain Ave. Ashland, OR 97520 SUBJECT: Removal and Replacement of the Existing Concrete Nozzle Pit at the City of Ashland Power House Dear Mr. McBartlett: Vitus Construction, Inc. appreciates the opportunity to provide a quote for the nozzle pit at .the existing power house, in Ashland, Oregon. The quote is based on drawings provided by the City of Ashland and from Canyon Hydro, dated 12/22/15. Scope of Work and Quote Vitus Construction, Inc. will furnish the labor, materials and equipment to saw cut, remove and dispose of the existing concrete and sub base. Vitus will then install new concrete for the nozzle pit as per the approved drawings. The City of Ashland will provide coordination, layout, installation and connections for the new nozzle apparatus. The above work is valued at $3,50o.oo and $750.00 for mobilization, total $4,250.00. If you have any questions please do not hesitate to contact Vitus Construction, Inc. Sincerely, Corey E. Vitus, President Vitus Construction, Inc. P.O. Box 1097 • Gold Hill, OR 97525 Phone: 541.855.7177 • Fax: 541.855.7520 • E-mail coney@vitusconsfnicl+on.com GCB #63643 VITUCON-01 CSPHINNEY CERTIFICATE OF LIABILITY INSURANCE F DAT2 2/2016 ) 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCONTACT AME., Charris Sonne-Phinney _ Anchor Insurance & Surety, Inc. PHONE FAX 1201 SW 12th Ave. Suite 500 A/c No, Ext): (503) 224-2500 I_(A/c, No): (503) 224-9830 Portland, OR 97205 ADDRESS: CSPhinney@anchorias.com _ INSURER(S) AFFORDING COVERAGE ~NAIC # INSURER A : BITCO General Insurance Corp. 20095 INSURED INSURER B : SAIF Corporation 36196 VITUS CONSTRUCTION INC. INSURER C PO BOX 1097 INSURER D : GOLD HILL, OR 97525 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. INSR ADDL SUBR POLICY EFF POLICY EXP I, LTR TYPE OF INSURANCE INSD WVD' POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fy-]OCCUR X ,CLP3622440 06/18/2015 06/18/2016 PREMISES (Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 I a LOC PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY 1X PR OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000 000 Ea accident) _ A X ANY AUTO CAP3622441 06/18/2015 06/18/2016 BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS PROPERTY DAMAGE NON-OWNED Per accident X HIRED AUTOS $ FX AUTOS S _J::j UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION PER I ORH AND EMPLOYERS' LIABILITY TUTE E B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN XSTA 811648 10/01/2015 10/01/20161 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 i , j I, DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: OPERATIONS OF THE NAMED INSURED SUBJECT TO POLICY TERMS & CONDITIONS. CERTIFICATE HOLDER AND ALL REQUIRED ENTITIES ARE ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT. ENDORSEMENTS ATTACHED: GL-3084 (09/11). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Ashland 20 East Main Street Ashland OR 97520 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: CLP3622440 THIS ENDORSENENTT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BuLDERS EXTENDED uABIuTr COVERAGE This endorsement modifies insurance provided under the following: COMWRCIAL GENERAL UAE31U TY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an FX in the box next to the caption of such provision. A FX Partnership and Joint Venture Extension N. [~Xfl Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured O. [ X Fellow Employee Coverage Coverage - Ongoing Operations P. [ X Property Damage Liability - Elevators C. J X Automatic Waiver of Subrogation Q. [ X Property Damage to the Named Insured's Work D. F _X1 Extended Notice of Cancellation, Nonrenewal R. OX Care, Custody or Control E. OX Unintentional Failure to Disdose Hazards S. ~_X ]Concrete Rework Labor Reimbursement F. FX Broadened Mobile Equipment Coverage G. f X J Personal and Advertising Injury - Contractual T. f X Lost Key Coverage Coverage U. f X J Electronic Data Liability Coverage H. f X Nonemployment Discrimination V. U Consolidated Insurance Program Residual I. f X Liquor Liability Liability Coverage J. FX Broadened Conditions W F Automatic Additional Insureds - Managers or Lessors of Premises K FXX Automatic Additional Insureds - Equipment Leases X, OX Automatic Additional Insureds- State or Governmental Agency or Political L. X Insured Contract Extension - Railroad Property Subdivisions - Permits or Authorizations and Construction Contracts Y. DX Contractors Automatic Additional Insured M. f X Turnkey Jobs - Coverage For Alienated Coverage - Completed Operations Premises Z. FX Additional Insured -Engineers, Architects or Surveyors A PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II - WHO IS AN INSURED. The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Dedarations. GL-3084 (09/11) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work' in connection with your interest in such partnership or joint venture. R CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE - ONGOING OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injuryy""property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury"or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2 That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item & of SECTION IV - COMMERCIAL GENERAL UABILrTY CONDMONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work' for that person or organization. GL-3084 (09/11) -2- D. BM34DED NOTICE OF CANCELLATION, NONRENEWAL Item A2.b. of the COMMION POLICY CONDMONS , is deleted and replaced with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDMONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. K If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNNTENIIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPNEIYT Item 12.b. of SECTION V- DERNmONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY- CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONENIPLOYNEW DISCRIMNATION Unless "personal and advertising injury' is excluded from this policy: Item 14. of SECTION V- DERNMONS , is amended to include: "Personal and advertising injury' also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V- DEFINMONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3084 (09/11) -3- Item 2. Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury' arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent. "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." 1. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A , is deleted. J. BROADENED CONDMONS Items 2.a and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDMONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV- COMMERCIAL GENERAL UABILITY CONDMONS 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a, 2b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K AUTOMATIC ADDMONAL INSUREDS - EQUIPMENT LEASES SECTION II - wHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, at least in part, by GL-3084 (09/11) 4 your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. 'Bodily injury' or "property damage" occurring after you cease leasing the equipment. 2 'Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V- DEFIMIONS , is deleted and replaced with the following. 9. "Insured Contract" means: a A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to prerises while rented to you or temporarily occupied by you with perrAssion of the owner is not an "insured contract"; b. A sidetrack agreement; a Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or GL-3084 (09/11) -5- (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M TURNKEY JOBS -COVERAGE FOR ALIENATED PREMISES It is agreed that: Exclusion 2j.(2) of SECTION I, COVERAGE A, does not apply if the premises are "your vvorW' and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III - LIMITS OF INSURANCE . A For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2 The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations malting claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2 Such payments shall not reduce any Construction Project General Aggregate Lirrrt. GL-3084 (09/11) -6- C. Payments for damages because of "bodily injury' or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. Q If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - UMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2e. "Bodily injury"to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insureds business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2a(1)(a) of SECTION II - WHO IS AN INSURED , is deleted and replaced with the following: 2a(1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY- ELEVATORS "Property damage" liability is changed as follows: 1. Exdusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A , do not apply to the use of elevators. 2 The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. GL-3084 (09/11) -7- Q PROPERTY DAMAGE TO THE NAMED INSUREDS WORK Exclusion I of SECTION I, COVERAGE A is deleted and replaced with the following: 1. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion ZjA of SECTION I, COVERAGE A is deleted and replaced with the following: ZjA Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE As it applies to this coverage, SECTION I - COVERAGE A is amended as follows: 1. Insuring Agreement, is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your "concrete rework" which was performed by you during the policy period due to the original "concrete product" failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific GL-3084 (09/11) -8- intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited independent testing agency. 2 Exclusions, is deleted and replaced by the following: The insurance provided by this endorsement does not apply to: a. "Cosmetic Defects" b. Loss of use a Changes to the "concrete product" contractual specifications not acknowledged by the named insured in writing prior to the beginning of the job d. "Loss" arising from the "subsidence" of land e. "Loss" arising from work performed on your behalf by a subcontractor, except for the supply of the "concrete product" f. Cost of materials used in the installation of the "concrete product" or "concrete rework" g. Damages or "loss" that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. "Loss" unless the "concrete rework" is completed within one year from the completion of the original "concrete product" installation performed by you i. "Loss" caused by the failure to order the "concrete product" as required: a. In the contractual specifications; or b. By accepted industry standards for its specific intended use j. "Loss" expected or intended from the standpoint of the insured k "Concrete product" supplied by you SECTION III - UMTS OF INSURANCE is amended to include the following: 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a. Insureds covered under this insurance; L "Concrete rework' projects to which this insurance applies. "Concrete Rework" Project Limit $50,000 "Concrete Rework' Policy Aggregate Limits $50,000 "Concrete Rework" Deductible $ 1,000 2 The "Concrete Rework' Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single "concrete rework' project. 3. Subject to 2 above, the "Concrete Rework' Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all "concrete rework' projects. GL-3084 (09/11) -9- 4. The "Concrete Rework" Project Limit and the "Concrete Rework' Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Limit or the Products-Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as descdbed in SECTION III - LIMITS OF INSURANCE . 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the "Concrete Rework" Deductible stated above. This deductible shall apply separately to each "concrete rework' project. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION IV- COMVERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: item 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit a You must see to it that we are notified prior to completing the "concrete rework" which may result in labor reimbursement. Notice should include: (1) How, when and where the incident took place; (2) The names and addresses of any witnesses, and (3) The estimated labor expense for the "concrete rework' b. You must promptly take all steps to minimize the expenses involved. c. You must cooperate with us and upon request, assist in enforcing any right of contribution or indemnity against any person or organization. d. You must provide us with proof of loss and any other required documents within 60 days of our request. You must also permit us to examine and copy any of your books and records at any reasonable time. You, your "employees" and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. e. No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION V - DEFINITIONS is amended to add the following: "Concrete rework" means the alteration, repair, removal or replacement of a "concrete product" "Concrete product" means any product you directly install consisting of concrete, cement, sand, mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the "concrete product" "Loss" means your direct labor expense associated with a "concrete rework' project "Subsidence" means earth movement, including but not limited to: a Landslide; GL-3084 (09/11) -10- b. Mud flow, a Earth sinking; d. Earth rising; e. Collapse or movement of fill; f. Improper compaction; g. Earth settling, slipping, falling away, caving in, eroding, tilting or shifting; h. Earthquake; or 1. Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, SECTION I, COVERAGE A, is amended to include as follows: We will pay those sums, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2 Cost to adjust locks to accept new keys; or 3. Cost of new locks, if required, including the cost of installation. Item 2 Exclusions of SECTION I, COVERAGE A , is amended to include the following: 1. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured. 2 Any resulting loss of use from the loss or mysterious disappearance of keys; or 3. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insureds: a Misappropriation; b. Concealment; a Conversion; d. Fraud; or e. Dishonesty Exdusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A do not apply to Lost Key Coverage. SECTION III - UNITS OF INSURANCE is amended to include the following: 1. The Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. GL-3084 (09/11) -11- 2. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products-Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMITS OF INSURANCE . Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence" basis. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2 The following definition is added to SECTION V- DEFINITIONS: " Dectronic data' means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V - DERNIIIONS is replaced by the following: "Property damage„ means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE Wth respect to "bodily injury", "property damage", or `personal and advertising injury' arising out of your ongoing operations; or operations included within the "products-completed operations hazard', the policy to GL-3084 (09/11) -12- which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project' or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V- Definitions "Residential project' means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions, exclusions and limitations of this policy apply. W. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OF PREMISES SECTION II - WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X AUTOMATIC ADDMONAL INSUREDS - STATE OR GOVERNMENTAL AGENCY OR POLMCAL SUBDIVISIONS - PERMITS OR AUTHORIZATIONS SECTION II - WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or "property damage" induded within the "products-completed operations hazard". GL-3084 (09/11) -13- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance W I I be excess. Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE - CONPLEfED OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your world' at the project designated in the contract, performed for that additional insured and included in the "products-completed operations hazard" This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance W I I be excess. Z ADDITIONAL INSURED - ENGINEERS, ARCH TECTS OR SURVEYORS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. with respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084 (09/11) -14- TUS CONSTRUCTION INC. January 28, 2o16 Mr. Tom McBartlett III City of Ashland go North Mountain Ave. Ashland, OR 97520 SUBJECT: Removal and Replacement of the Existing Concrete Nozzle Pit at the City of Ashland Power House Dear Mr. McBartlett: Vitus Construction, Inc. appreciates the opportunity to provide a quote for the nozzle pit at .the existing power house, in Ashland, Oregon. The quote is based on drawings provided by the City of Ashland and from Canyon Hydro, dated 12122115. Scope of Work and Quote Vitus Construction, Inc, will furnish the labor, materials and equipment to saw cut, remove and dispose of the existing concrete and sub base. Vitus will then install new concrete for the nozzle pit as per the approved drawings. The City of Ashland will provide coordination, layout, installation and connections for the new nozzle apparatus. The above work is valued at $3,50o.oo and $750.00 for mobilization, total $4,250.00. If you have any questions please do not hesitate to contact Vitus Construction, Inc. Sincerely, Corey E. Vitus, President Vitus Construction, Inc. P.O. Box 1097 • Gold Hill, OR 97525 Phone: 541.855.7177 • Fax: 541.855.7520 • E-mail: coney@vitusconsfniction,com CCB 463643 ASHLAND CONSTRUCTION INC. 102 Pleasant View PROPOSAL Talent, Oregon 97540 CCB #28420 Pa e No. - of Pages Fax (541) 512-0809 JOB NAME : No. Cell (541) 9442728 P'(0,0Z To: ! T0 4-- x&41 4] A2 b Cam- - CajLck 77 tom' PHONE UAIE l We hereby submit specifications and estimates for: ~C1 i (Z •'i l fir-t0).) 26-Moue 6& CE&-t`i /-J F2,- Q C46-1 M l t 1 WE PROPOSE hereby to furnish material and labor - complete in accordance with these specifications, for the sum of: dollars Pavatiie as foilon•s: All n me:la! i ,;uar,anic-od to in t,s spca;irl 1\11 %v(1rk to be ,on'.pir .d ill a worknnnnlukc Authorized i n)2nner :it'COCII-Il to stati(inrd I) itl'tl('t's. iliac iiller~inm,; or deviauoil f U;71 aloft' stlcvi:lc~i iir„rs :n,'rzlvf„g e.lla n'i11 he oxemlod tank upon tl rittt•,1 ortlt•rs. i,cl will bc-Cntnr ;1o cs, 1 cLa roc omr c,rri •iborv the t.. inau L'I a> rrrntrnl.=. cuf.tu:`:enl opal .ri hr.. a.c ieie ,Ic 1U•1•h.: (1115 proposal .aa-v he %vithdra.wil~~ C ur ~-r,a}s b,.)ond o,:r cotr.ml. Oavler to earn fire. tnrn~~du , id oihe, nrcrssu , r.,. urat ri~_ it, if riot taC'(~epted t~'itliin days. Q~,r trnrlu•rs .u•r litlls cnci•rcrl by l5`u:kmci:'s Ci,n:i~ens,uinn ir„uancc•. . ACCEPTANCE OF PROPOSAL Tht prices, specifications and conditioiis are satiSi£tc.'_tory and are hereby accepted. You are uthuriLCd 1 to do the work as specified. Payment x-M be made as outhried above. SiLnanlrc Datc Si~liralurt Uaic 1 CUT `N BREAK CONSTRUCTION INC. P.O. Box 1455 Medford, OR 97501-0108 CCB License #72046 541-779-1482/FAX 541-772-1913 John Lawton, President January 13, 2016 City of Ashland Att: Tom 541-552-2307 mcbartIettt!i aslhland.or.LIS Job Site: Reeder Gulch This proposal is to lengthen and deepen existing nozzle pit as per plans and discussion. • approx 120" long x 4' wide at top, 64" x 4' at bottom tapered to 19" as per plan ❖ sawcut, break, remove and haul off concrete as needed ❖ excavate as needed ❖ form and install sides and bottom ❖ note: walls and bottom to be min 6" thick with rebar as needed EQUIPMENT, MATERIAL, AND LABOR: $6,300.00 When saw cutting, Cut 'N Break Construction, Inc. is not responsible for any damage to anything in or below the concrete. This includes water lines, electrical line, sprinkler systems, etc. Your signature indicates that you have read this notice and fully understand the limits of Cut 'N Break Construction, Inc. responsibility. Billing and Payment Procedures: Invoices are presented on completion of work. Invoices are due and payable upon receipt. Delinquent invoices are subject to 1 1/2% monthly on unpaid balance. We accept Visa and MasterCard for your convenience. Should you have any questions or need any additional information regarding the above proposal please do not hesitate to contact this office. THIS ESTIMATE IS GOOD FOR 30 DAYS! Signing one copy of this letter and returning it in the enclosed envelope indicates acceptance of this proposal. Thank you, John Lawton President ACCEPTED By: Date: THIS ESTIMATE IS GOOD FOR 30 DAYS! i' NSLNL NEEDLE / / ~ TEYPOSDNICS NEEDLE POSRgN TRNISWDER MME116•BORE f 150 CIASS CLFANDUT ~ WTOR NEWN EM REWIRENENTS N' UNOH~NOfD vimu E~osTmD #153110 REEDER GULCH Prr LVOTN oAnw ~ EYI6TIN0 NOrncPff BY: W ~ iM OEOFOSf: 18 11RE EIMlIl III.11rfY m~i r ONfr.110. 19~g1[Of p11E DN/1115 RFY oE~w ouE u+v~rm wuEw.TS v ac: 120" (48'/," NEW NOZZLE PIT REQUIREMENTS (19" 48 48" i i L 64" UNCHANGED EXISTING NOZZLE PIT FROM EXISTING PIT WIDTH #153110 REEDER GULCH WEIGHT (ibs.) 5500 DRAWN BY: Mi Doming, Blue Heron Lane Deming, Washington 98244 CHECKED BY: MB (360) 592-5552 01ME OTRERV.+ sESPEac~Ea the water power division of Canyon Industries, Inc gMEN510 AREWspe TOLERANCES: TITLE: CONCRETE SUBMITTAL F-T °05 n~ DWG. NO. 153112-.1004 DATE: 121122015 REV teams REV DESCRIPTION DATE APPROVED ooHOTS~EORAm SCALE: N.T.S. SIZE: "B" QBC: Page 1 / 1 CITY OF -ASHLAND DATE PO NUMBER 20 E MAIN ST. 2/10/2016 13375 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 005417 SHIP TO: Ashland Electric Department VITUS CONSTRUCTION, INC (541) 488-5354 1912 SECOND AVENUE 90 N MOUNTAIN GOLD HILL, OR 97525 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Thomas McBartlett Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Concrete work on floor of powerhouse 4,250.00 Contract for Goods and Services Beqinninq date: 02/01/2016 Completion date: 02/29/2016 SUBTOTAL 4,250.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 4,250.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 690.11.18.00.70410 4,250.00 Z~ VENDOR COPY Authorized✓S gnature I fr T E FORM #3 CITY OF ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name VitusCnrlstrUftinn Inc., Address, City, State, Zip P.0 Rox 1097, Gold Hill, OR 97525 Contact Name & Telephone Number John nnCSly 541,855.7-177 Fax Number 541,855,7250 - 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 _ Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 X❑ (3) Written quotes and solicitation ❑ Form #4, Personal Services $5K to $75K Contract # attached ❑ Special Procurement Intergovernmental Agreement PERSONAL SERVICES ❑ Form #9, Request for Approval ❑ Agency $5,000 to $75,000 * ❑ Written quote or proposal attached Date original contract approved by Council: ❑ Less than $35,000, by direct appointment Date approved by Council: (Date) ❑ (3) Written proposals/written solicitation Valid until: (Date) - (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Description of SERVICES Total Cost Concrete work on floor of powerhouse $4'250 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $4,250 Project Number - - - - - - ° - - - Account Number 690.11.18.00.704100 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, 1 certify that the City's public contracting requirements have been satisfied. Employee: Tom McBartlett Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor - 'City Administrator: ~ (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition