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2016-331 Contract - Carols Colors Landscaping
Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Carol's Colors Landscaping ASHLAND CONTACT: Greg & Valri Williams 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 2037, Phoenix, OR 97535 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-535-7074 DATE AGREEMENT PREPARED: 11/22/16 FAX: 541-897-0369 BEGINNING DATE: January 6, 2017 COMPLETION DATE: June 30, 2017 COMPENSATION: $2,500 GOODS AND SERVICES TO BE PROVIDED: Landscaping Maintenance of Ashland Main / Helman Median "Gilligan's Island" See 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 27913.220, 27913.225, 27913.230, 27913.235, 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 art, effective upon deliver of Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 written notice to Contractor, 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 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, $2,0001000 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 e, Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. 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 of Ashland By 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) I 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. V'l (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. i Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 • ASHLAND, OREGON EXHIBIT B City of Ashland LIV'AN-l WA E per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) • - - • , portion of business of their 401K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the Gity of service contract between their Ashland in excess of ➢ot: employer and the City of $20,142.20. a 1 i << ; i1t Ashland if the contract ;exceeds $20142.20 or more. ~r y If their employer is the City of i c; Ashland including the Parks For all hours worked in a and Recreation Department. J month if the employee spends , 50% or more of the ➢ In calculating the living wage, employee's time in that month employers may add the value working on a project or of health care, retirement, • additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at tr 1 . Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -ASHLAND Contract for Goods and Services Less than $25,000, Revised 06102/2015, Page 5 of 5 Client#: 175644 ASHLFLOW ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/08/2016 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 NAME: KC Ferguson Propel Insurance PHONE 800 499-0933 a/c, No ; 866 577-1326 A/C, No, Ext): Medford Workers Compensation E-MAIL P O Box 936 KC.Fer9uson@propelinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 INSUR R A : SAIF Corporation 36196 INSURED INSURER B : Ashland Flower Shop & Green Houses, Inc Carol's Colors (dba) INSURER c ~ 87 W Nevada St. INSURER D Ashland, OR 97520-1027 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 16/17 WC 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 CONTRACTOR 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. 0 IC INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/ D YYYY MM DD YYYY LIMITS LTR INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occur ence $ CLAIMS-MADE D OCCUR ME D EXP (Any one person) $ PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JECOT LOC $ -1 F7 - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 764581 09/01/2016 09/01 /201 X WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 I i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Landscaping Maintenance of Ashland Main / Heiman Median "Gilligan's Island" CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2512263/M2317433 DMB00 Client#: 175648 ASHLFLOW1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/08/2016 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 CONTACT NAME: Linda Shaddon Propel Insurance PHONE 541 494-7728 (A/c, No): 866 577-1326 Medford Commercial Insurance ECA No, Ext : ( ADDRESS: linda.shaddon@propelinsurance.com P O Box 936 INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 INSURER A : Cincinnati Insurance Company 10677 INSURED INSURER B : Ashland Flower Shop & Green Houses, Inc. INSURER C dba: Carol's Colors INSURER D : PO Box 2037 INSURER E : Phoenix, OR 97535 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY ECP0347703 09101/2016 09/01/201 EACH OCCURRENCE $1,000,000 _7 CLAIMS-MADE ~ OCCUR PREMISES (Ea occur ante $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- CT LOC PRODUCTS - COMP/OPAGG $2,000,000 X POLICY I E OTHER: $ A AUTOMOBILE LIABILITY EBA0347703 09/01/2016 09/01/201 COMBINED SINGLE LIMIT 1'000'000 Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N TAT TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Landscaping Maintenance of Ashland Main / Heiman Median "Gilligan's Island" Additional Insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2512262/M2342968 DMB00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPakTM CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT - OREGON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards _ 8 3. Medical Payments 8 4. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) 8 5. 180 Day Coverage for Newly Formed or Acquired Organizations 9 6. Waiver of Subrogation 9 7. Automatic Additional Insured -Specified Relationships: 9 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 8. Broadened Contractual Liability -Work Within 50' of Railroad Property 14 9. Property Damage to Borrowed Equipment- 14 10. Employees as Insureds - Specified Health Care Services: 15 • Nurses; • Emergency Medical Technicians; and • Paramedics 11. Broadened Notice of Occurrence 15 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 1 of 15 4. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000 (c) Gross Sales ) $5,000) (d) Units e Other b. Care, Custody or Control TOTAL ANNUAL PREMIUM $ 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: TION III - LIMITS OF INSURANCE; and 1. Employee Benefit Liability Coverage a. The following is added to SECTION I 2) Our right and duty to defend ends when we - COVERAGES: Employee Benefit have used up the appli- cable limit of insurance (1) Insuring Agreement in the payment of judgments or settle- (a) We will pay those sums that ments. the insured becomes legally obligated to pay as dam- No other obligation or liabil- ages caused by any act, er- ity to pay sums or perform ror or omission of the in- acts or services is covered sured, or of any other per- unless explicitly provided for son for whose acts the in- under Supplementary Pay- sured is legally liable, to ments. which this insurance ap- (b) This insurance applies to plies. We will have the right damages only if the act, Br- and duty to defend the in- ror or omission, is negli- sured against any suit gently committed in the seeking those damages. "administration" of your However, we will have no "employee benefit program", duty to defend against any "suit' seeking damages to and which this insurance does 1) Occurs during the pol- not apply. We may, at our icy period; or discretion, investigate any report of an act, error or 2) Occurred prior to the omission and settle any "first effective date" of claim or "suit' that may re- this endorsement pro- sult. But- 1) 1) The amount we will pay a) You did not have for damages is limited knowledge of a as described in SEC- claim or "suit" on or before the 'first Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 2 of 15 effective date" of (e) Inadequacy of Perform- this endorsement. ance of Investment / Ad- vice Given With Respect You will be to Participation deemed to have knowledge of a Any claim based upon: claim or "suit" when any "author- 1) Failure of any invest- when to perform; ized representa- tive"; representa 2) Errors in providing in- i) Reports all, or formation on past per- any part, of the formance of investment act, error or vehicles; or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any ,plan bal demand or included in the em- claim for dam- ployee benefit pro- ages because gram". of the act, error (f) Workers' Compensation or omission; and Similar Laws and Any daim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- (2) Exclusions employment compensation insurance, social security or This insurance does not apply to: disability benefits law or any similar law. (a) Bodily Injury, Property Damage or Personal and (g) ERISA Advertising Injury Damages for which any in- "Bodily injury", "property sured is liable because of li- damage" or "personal and ability imposed on a fiduci- advertising injury". ary by the Employee Re- tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal or Malicious Act hereafter amended, or by Damages arising out of any any similar federal, state or intentional, dishonest, local laws. fraudulent, criminal or mali- (h) Available Benefits cious act, error or omission, committed by any insured, Any daim for benefits to the including the willful or reck- extent that such benefits are less violation of any statute. available, with reasonable effort and cooperation of the (c) Failure to Perform a Con- insured, from the applicable tract funds accrued or other col- Damages arising out of fail- lectible insurance. ure of performance of con- (i) Taxes, Fines or Penalties tract by any insurer. Taxes, fines or penalties, (d) Insufficiency of Funds including those imposed Damages arising out of an under the Internal Revenue insufficiency of funds to Code or any similar state or meet any obligations under local law. any plan included in the "employee benefit program". Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 3 of 15 (j) Employment-Related conduct of your business. Practices Your managers are insur- eds, but only with respect to Any liability arising out of their duties as your manag- any: ers. (1) Refusal to employ, (d) An organization other than a (2) Termination of em- partnership, joint venture or ployment; limited liability company, you are an insured. Your "ex- (3) Coercion, demotion, ecutive officers" and direc- evaluation, reassign- tors are insureds, but only ment, discipline, defa- with respect to their duties mation, harassment, as your officers or directors. humiliation, discrimina- Your stockholders are also tion or other employ insureds, but only with re- ment-related practices, spect to their liability as acts or omissions; or stockholders. (4) Consequential liability (e) A trust, you are an insured. as a result of (1), (2) or Your trustees are also in- (3) above. sureds, but only with respect to their duties as trustees. This exclusion applies whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other opacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must administer your "employee pay damages because of benefit program". the injury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having proper temporary authoriza- SECTION I - COVERAGES, tion to administer your "em- SUPPLEMENTARY PAY- ployee benefit program" if MENTS - COVERAGES A AND you die, but only until your B also apply to this Coverage. legal representative is ap- pointed. b. Who is an Insured As respects Employee Benefit Liabil- (c) Your legal representative if you die, but only with re- AN Coverage, SECTION II -WHO IS sped to duties as such. AN INSURED is deleted in its entirety That representative will and replaced by the following: have all your rights and du- (1) If you are designated in the Dec- ties under this Coverage larations as: Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but quire or form, other than a part- only with respect to the con- nership, joint venture or limited duct of a business of which liability company, and over which you are the sole owner. you maintain ownership or ma- jority interest, will qualify as a (b) A partnership or joint ven- Named Insured if no other simi- ture, you are an insured. lar insurance applies to that or- Your members, your part- ganization. However, coverage ners, and their spouses are under this provision: also insureds but only with respect to the conduct of (a) Is afforded only until the your business. 180th day after you acquire or form the organization or (c) A limited liability company, the end of the policy period, you are an insured. Your whichever is earlier; and members are also insureds, but only with respect to the Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 4 of 15 (b) Does not apply to any act, However, the amount paid under error or omission that was this endorsement shall not ex- committed before you ac- ceed, and will be subject to the quired or formed the organi- limits and restrictions that apply zation. to the payment of benefits in any 'plan included in the "employee c. Limits of Insurance benefit program". As respects Employee Benefit Liabil- (4) Deductible Amount ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en- (a) Our obligation to pay dam- tirety and replaced by the following: ages on behalf of the in- sured applies only to the (1) The Limits of Insurance shown in amount of damages in ex- Section B. Limits of Insurance, cess of the deductible 1. Employee Benefit Liability amount stated in the Decla- Coverage and the rules below rations as applicable to fix the most we will pay regard- Each Employee. The limits less of the number of of insurance shall not be re- (a) Insureds, duced by the amount of this deductible. (b) Claims made or "suits" brought; (b) The deductible amount stat- ed in the Declarations ap- (c) Persons or organizations plies to all damages sus- making claims or bringing tained by any one "em- "suits"; ployee", including such "em- ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all (e) Benefits included in your acts, errors or omissions to "employee benefit program". which this insurance ap- plies. (2) The Aggregate Limit shown in (c) The terms of this insurance, Section B. Limits of Insurance, including those with respect 1. Employee Benefit Liability Coverage of this endorsement is to: the most we will pay for all dam- 1) Our right and duty to ages because of acts, errors or defend the insured omissions negligently committed against any "suits" in the "administration" of your seeking those dam- "employee benefit program". ages; and (3) Subject to the limit described in 2) Your duties, and the (2) above, the Each Employee duties of any other in- Limit shown in Section B. Limits volved insured, in the of Insurance, 1. Employee event of an act, error or Benefit Liability Coverage of omission, or claim, this endorsement is the most we will pay for all damages sus- apply irrespective of the ap- tained by any one "employee", plication of the deductible including damages sustained by amount. such "employee's" dependents (d) We may pay any part or all and beneficiaries, as a result of: of the deductible amount to (a) An act, error or omission; or effect settlement of any claim or "suit' and, upon no- b) A series of related acts, er- tifcation of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such deductible amount as we acts, errors or omissions, have paid. negligently committed in the d. Additional Conditions administration of your em- ployee benefit program". As respects Employee Benefit Li- ability Coverage, SECTION IV - Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 5 of 15 COMMERCIAL GENERAL LIABIL- d. No insured will, except at that in- ITY CONDITIONS is amended as fol- sured's own cost, voluntarily lows: make a payment, assume any (1) Item 2. Duties in the Event of obligation, or incur any expense without our consent. Occurrence, Offense, Claim or Suit is deleted in its entirety and (2) Item 5. Other Insurance is de- replaced by the following: leted in its entirety and replaced by the following: 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit 5. Other Insurance a. You must see to it that we are If other valid and collectible notified as soon as practicable of insurance is available to the an act, error or omission which insured for a loss we cover may result in a claim. To the ex- under this Coverage Part, tent possible, notice should in- our obligations are limited clude: as follows: (1) What the act, error or omis- a. Primary Insurance sion was and when it oc- curred; and This insurance is pri- mary except when c. (2) The names and addresses below applies. If this in- of anyone who may suffer surance is primary, our damages as a result of the obligations are not af- act, error or omission. fected unless any of the b. If a claim is made or "suit" is other insurance is also brought against any insured, you primary. Then, we will share with all that other must: insurance by the meth- (1) Immediately record the spe- od described in b. be- cifics of the claim or "suit" low. and the date received; and b. Method of Sharing (2) Notify us as soon as practi- If all of the other insur- cable. ance permits contribu- You must see to it that we re- tion by equal shares, ceive written notice of the claim we will follow this meth- or "suit" as soon as practicable. od also. Under this ap- proach each insurer c. You and any other involved in- contributes equal sured must: amounts until it has (1) Immediately send us copies paid its applicable limit of insurance or none of of any demands, notices, the loss remains, summonses or legal papers whichever comes first. received in connection with the claim or "suit"; If any of the other in- (2) Authorize us to obtain re- smiturance does contribution not per- by cords and other information; equal shares, we will (3) Cooperate with us in the in- contribute by limits. vestigation or settlement of Under this method, the claim or defense against each insurers share is the "suit"; and based on the ratio of its applicable limit of in- (4) Assist us, upon our request, surance to the total ap- in the enforcement of any plicable limits of insur- right against any person or ance of all insurers. organization which may be liable to the insured be- c. No Coverage cause of an act, error or This insurance shall not omission to which this in- cover any loss for surance may also apply. which the insured is en- Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 6 of 15 titled to recovery under following benefits to "em- any other insurance in ployees", whether provided force previous to the ef- through a "cafeteria plan" or fective date of this otherwise: Coverage Part. a. Group life insurance; e. Additional Definitions group accident or health insurance; den- As respects Employee Benefit Li- tal, vision and hearing ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; lows: provided that no one (1) The following definitions are other than an "em- added: ployee" may subscribe to such benefits and 1. "Administration" means: such benefits are made generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligi- their dependents and bility requirements; beneficiaries, with re- spect to eligibility for or b. Profit sharing plans, scope of "employee employee savings benefit programs"; plans, employee stock ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, pro- grams"; vided that no one other c. Handling records in than an "employee" connection with the may subscribe to such "employee benefit pro- benefits and such grams ; or benefits are made gen- erally available to all d. Effecting, continuing or "employees" who are terminating any em- eligible under the plan ployee's' participation for such benefits; in any benefit included in the "employee bene- c. Unemployment insur- ft program". ante, social security benefits, workers' com- However, "administration" pensation and disability does not include: benefits, and a. Handling payroll deduc- d. Vacation plans, includ- tions; or ing buy and sell pro- grams; leave of ab- b. The failure to effect or sense programs, in- maintain any insurance cluding military, mater- or adequate limits of nity, family, and civil coverage of insurance, leave; tuition assistance including but not limited plans; transportation to unemployment in- and health club subsi- surance, social security dies. benefits, workers' com- pensation and disability 4. "First effective date" means benefits. the date upon which cover- age was first effected in a 2. "Cafeteria plans" means series of uninterrupted re- plan authorized by applica- newals of insurance cover- to law to allow "employees" age. to elect to pay for certain benefits with pre-tax dollars. (2) The following definitions are de- leted in their entirety and re- 3. "Employee benefit pro- placed by the following: grams" means a program providing some or all of the Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 7 of 15 21. "Suit" means a civil pro- erations incidental to the insured's ceeding in which money business when: damages because of an act, error or omission to which (1) Damage is caused by the in- this insurance applies are sured; or alleged. "Suit" includes.- (2) Damage occurs while in the in- a. An arbitration proceed- sured's possession. ing in which such dam- With your consent, we will make ages are claimed and these payments regardless of fault. to which the insured must submit or does b. Care, Custody or Control Liability submit with our con- Coverage sent; SECTION I - COVERAGES, COV- b. Any other alternative ERAGE A. BODILY INJURY AND dispute resolution pro- PROPERTY DAMAGE LIABILITY, 2. ceeding in which such Exclusions, j. Damage to Property, damages are claimed Subparagraphs (3), (4) and (5) do not and to which the in- apply to "property damage" to the sured submits with our property of others described therein. consent; or With respect to the insurance provided by c. An appeal of a civil pro- this section of the endorsement, the fol- ceeding. lowing additional provisions apply: 8. "Employee" means a person a. The Limits of Insurance shown in the actively employed, formerly Declarations are replaced by the lim- employed, on leave of ab- its designated in Section B. Limits of sence or disabled, or re- Insurance, 4. Voluntary Property tired. "Employee" includes a Damage and Care, Custody or "leased worker". "Employee" Control Liability Coverage of this does not include a "tempo- endorsement with respect to cover- rary worker". age provided by this endorsement. 2. Unintentional Failure to Disclose Haz- These limits are indusive of and not in addition to the limits being re- placed. The Limits of Insurance SECTION IV - COMMERCIAL GENERAL shown in Section B. Limits of Insur- LIABILITY CONDITIONS, 7. Represen- ance, 4. Voluntary Property Dam- tations is hereby amended by the addi- age and Care, Custody or Control tion of the following: Liability Coverage of this endorse- ment fix the most we will pay in any Based on our dependence upon your rep- one "occurrence" regardless of the resentations as to existing hazards, if un- number of: intentionally you should fail to disclose all such hazards at the inception date of your (1) Insureds; policy, we will not reject coverage under (2) Claims made or "suits" brought; this Coverage Part based solely on such or failure. 3. Medical Payments (3) Persons or organizations making claims or bringing "suits". The Medical Expense Limit of Any One b. Deductible Clause Person as stated in the Declarations is amended to the limit shown in Section B. (1) Our obligation to pay damages Limits of Insurance, 3. Medical Pay- on your behalf applies only to the meats of this endorsement. amount of damages for each 4. Voluntary Property Damage and Care, "occurrence" which are in excess of the deductible amount stated Custody or Control Liability Coverage in Section B. Limits of Insur- a. Voluntary Property Damage Cov- ance, 4. Voluntary Property erage Damage and Care, Custody or Control Liability Coverage of We will pay for "property damage" to this endorsement. The limits of property of others arising out of op- insurance will not be reduced by Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 8 of 15 the application of such deducti- insured under this Coverage Part ble amount. by reason of: (2) Condition 2. Duties in the Event (a) A written contract or agree- of Occurrence, Offense, Claim ment; or or Suit, applies to each claim or (b) An oral agreement or con- sult irrespective of the amount. tract where a certificate of (3) We may pay any part or all of the insurance showing that per- deductible amount to effect set- son or organization as an tlement of any claim or "suit" additional insured has been and, upon notification of the ac- issued, tion taken, you shall promptly re- imburse us for such part of the is an insured, provided: deductible amount as has been (a) The written or oral contract paid by us. or agreement is: 5. 180 Day Coverage for Newly Formed or 1) Currently in effect or Acquired Organizations becomes effective dur- SECTION II - WHO IS AN INSURED is ing the policy period; amended as follows: and Subparagraph a. of Paragraph 4. is here- 2) Executed prior to an by deleted and replaced by the following: "occurrence" or offense to which this insurance a. Insurance under this provision is af- would apply; and forded only until the 180th day after (b) They are not specifically you acquire or form the organization named as an additional in- or the end of the policy period, sured under any other pro- whichever is earlier; vision of, or endorsement 6. Waiver of Subrogation added to, this Coverage SECTION IV - COMMERCIAL GENERAL Part. LIABILITY CONDITIONS, 9. Transfer of (2) Only the following persons or or- Rights of Recovery Against Others to ganizations are additional insur- Us is hereby amended by the addition of eds under this endorsement, and the following: insurance coverage provided to such additional insureds is lim- We waive any right of recovery we may ited as provided herein: have because of payments we make for injury or damage arising out of your ongo- (a) The manager or lessor of a ing operations or 'your work" done under premises leased to you with a written contract requiring such waiver whom you have agreed per with that person or organization and in- Paragraph 7.a.(1) above to cluded in the "products-completed opera- provide insurance, but only tions hazard". However, our rights may with respect to liability aris- only be waived prior to the "occurrence" ing out of the ownership, giving rise to the injury or damage for maintenance or use of that which we make payment under this Cov- part of a premises leased to erage Part. The insured must do nothing you, subject to the following after a loss to impair our rights. At our re- additional exclusions: quest, the insured will bring "suit' or trans- This insurance does not ap- fer those rights to us and help us enforce those rights. ply to: 7. Automatic Additional Insured - Speci- 1) Any "occurrence" which fied Relationships takes place after you cease to be a tenant in a. The following is hereby added to that premises. SECTION II -WHO IS AN INSURED: 2) Structural alterations, (1) Any person or organization de- new construction or scribed in Paragraph 7.a.(2) be- demolition operations low (hereinafter referred to as performed by or on be- additional insured) whom you are half of such additional required to add as an additional insured. Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 9 of 15 (b) Any person or organization made intentionally from which you lease by the vendor; equipment with whom you have agreed per Paragraph d) Repackaging, ex- 7.a.(1) above to provide in- cept when un- surance. Such person(s) or packed solely for organization(s) are insureds, the purpose of in- but only to the extent that spection, demon- the liability or "bodily injury", stration, testing, or "property damage" or "per- the substitution of sonal and advertising injury" parts under fin- is caused by your negli- structions from the gence, acts, or omissions in manufacturer, and the maintenance, operation then repackaged or use of equipment leased in the original con- to you by such person(s) or tainer-, organization (s). However, e) Any failure to this insurance does not ap- make such inspec- ply to any "occurrence" tions, adjustments, which takes place after the tests or servicing equipment lease expires. as the vendor has (c) Any person or organization agreed to make or (referred to below as ven- normally under- dor) with whom you have takes to make in agreed per Paragraph the usual course of 7.a.(1) above to provide in- business, in con- surance, but only with re- nection with the spect to "bodily injury' or distribution or sale "property damage" arising of the products; out of 'your products" which f) Demonstration, in- are distributed or sold in the stallation, servicing regular course of the ven- dor's business, subject to or repair opera- tions, except such the following additional ex- operations per- clusions: formed at the ven- 1) The insurance afforded dor's premises in the vendor does not connection with apply to: the sale of the product, a) "Bodily injury' or "property damage" g) Products which, for which the ven- after distribution or dor is obligated to sale by you, have pay damages by been labeled or re- reason of the as- labeled or used as sumption of liability a container, part or in a contract or ingredient of any agreement. This other thing or sub- exclusion does not stance by or for apply to liability for the vendor; or damages that the h) "Bodily Injury' or vendor would have "property damage" in the absence of arising out of the the contract or negligence, acts or agreement; omissions of the b) Any express war- vendor, its em- ranty unauthorized ployees or anyone by you; else acting on its behalf. C) Any physical or chemical change 2) This insurance does not in the product apply to any insured person or organization: Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 10 of 15 a) From whom you 1) This insurance applies have acquired only with respect to op- such products, or erations performed by any ingredient, you or on your behalf part or container, for which the state or entering into, ac- political subdivision has companying or issued a permit. containing such 2) This insurance does not products; or apply to bodily injury", b) When liability in- "property damage" or cluded within the "personal and advertis- "products- ing injury" arising out of completed opera- operations performed tions hazard" has for the state or political been excluded un- subdivision. der this Coverage Part with respect (f) For 'yoour work" performed to such products. in Oregon, any person or organization with which you (d) Any state or political subdi- have agreed per Paragraph vision with which you have 7.a.(1) above to provide in- agreed per Paragraph surance, but only to the ex- 7.a.(1) above to provide in- tent that the liability is surance, subject to the fol- caused by "your work" per- lowing additional provision: formed for that additional in- sured and only to the extent This insurance applies only that such liability is caused with respect to the following by your negligence or the hazards for which the state negligence of those acting or political subdivision has on your behalf. A person or issued a permit in connec- organization's status as an tion with premises you own, insured under this provision rent or control and to which of this endorsement contin- this insurance applies: ues for only the period of 1) The existence, mainte- time required by the written nance, repair, construc- contract or agreement, but tion, erection, or re- in no event beyond the expi- moval of advertising ration date of this Coverage signs, awnings, cano- Part. If there is no written pies, cellar entrances, contract or agreement, or if coal holes, driveways, no period of time is required manholes, marquees, by the written contract or hoist away openings, agreement, a person or or- sidewalk vaults, street ganization,s status as an in- banners, or decorations sured under this endorse- and similar exposures; ment ends when your op- erations for that insured are or completed. 2) The construction, erec- (g) For "your work" performed tion, or removal of ele- vators; or in the "coverage territory!" but not in Oregon, any per- 3) The ownership, main- son or organization with tenance, or use of any which you have agreed per elevators covered by Paragraph 7.a.(1) above to this insurance. provide insurance, but only with respect to liability aris- (e) Any state or political subdi- ing out of "your work" per- vision with which you have formed for that additional in- agreed per Paragraph sured by you or on your be- 7.a.(1) above to provide in- half. A person or organiza- surance, subject to the fol- tion's status as an insured lowing provisions: under this provision of this endorsement continues for Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 11 of 15 only the period of time re- construction work quired by the written con- you perform. tract or agreement, but in no event beyond the expiration 2) Subject to Paragraph 3) date of this Coverage Part. below, professional If there is no written contract services include: or agreement, or if no period of time is required by the a) Preparing, approv- ing or failing to written contract or agree- prepare or ap- ment, a person or organiza- tion's status as an insured prove maps, shop drawing, opinions, under this endorsement reports, surveys, ends when your operations field orders, for that insured are com- change orders, or pleted. drawings and (3) Any insurance provided to an specifications; and additional insured designated b) Supervisory, or in- under Paragraph 7.a.(2): spection activities (a) Subparagraphs (e), (f) and performed as part (g) do not apply to "bodily in- of any related ar- jury" or "property damage" chitectural or engi- included within the "prod- neering activities. ucts-completed operations 3) Professional services hazard"; do not include services (b) Subparagraphs (a), (b), (d), within construction (e), (f) and (g) do not apply means, methods, tech- to "bodily injury", "property niques, sequences and damage" or "personal and procedures employed advertising injury" arising by you in connection out of the sole negligence or with construction work willful misconduct of the ad- you perform. ditional insured or its "em- (d) Subparagraphs (f) and (g) p oyees ; or do not apply to "bodily in- (c) Subparagraphs (f) and (g) jury" or "property damage" do not apply to "bodily in- arising out of "your work" for jury", "property damage" or which a consolidated (wrap- "personal and advertising in- up) insurance program has jury" arising out of been provided by the prime contractor / project manager 1) The rendering of, or or owner of the construction failure to render, any project in which you are in- professional services volved. by you or on your be- half, but only with re- b. Only with regard to insurance pro- spect to either or both vided to an additional insured desig- of the following opera- Hated under Paragraph 7.a.(2) Sub- of th paragraphs (f) and (g) above, SEC- tions: III - LIMITS OF INSURANCE is a) Providing engi- amended to include: neering, architec- tural, or surveying The limits applicable to the additional services, s others; insured are those specified in the and written contract or agreement or in the Declarations of this Coverage b) Providing, or hiring Part, whichever are less. If no limits independent pro- are specified in the written contract or fessionals to pro- agreement, or if there is no written vide, engineering, contract or agreement, the limits ap- architectural or plicable to the additional insured are surveying services those specified in the Declarations of in connection with this Coverage Part. The limits of in- surance are inclusive of and not in Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 12 of 15 addition to the limits of insurance coverage for the addi- shown in the Declarations. tional insured: c. SECTION IV - COMMERCIAL GEN- (1) Be provided by the ERAL LIABILITY CONDITIONS is Insurance Ser- hereby amended as follows: vices Office addi- tional insured form (1) Condition 5. Other Insurance is number CG 32 61, amended to include- CG 32 62 or CG (a) Where required by a written 32 63; or contract or agreement, this (2) Include coverage insurance is primary and / or for completed op- noncontributory as respects erations; or any other insurance policy issued to the additional in- (3) Include coverage sured, and such other in- for'yuur work"; surance policy shall be ex- cess and / or noncontribut- and where the lim- ing, whichever applies, with its or coverage this insurance. provided to the additional insured (b) Any insurance provided by is more restrictive this endorsement shall be than was specially primary to other insurance required in that available to the additional written contract or insured except: agreement, the terms of Para- 1) As otherwise provided graphs 7.a.(3)(a) in SECTION IV - or 7.b. above, or COMMERCIAL GEN- any combination ERAL LIABILITY thereof, shall be CONDITIONS, 5. Oth- interpreted as er Insurance, b. Ex- providing the limits cess Insurance; or or coverage re- 2) For any other valid and quired by the collectible insurance terms of the writ- available to the addi- ten contract or tional insured as an ad- agreement, but ditional insured by at- only to the extent tachment of an en- that such limits or dorsement to another coverage is in- insurance policy that is cluded within the written on an excess terms of the Cov- basis. In such case, the erage Part to coverage provided un- which this en- der this endorsement dorsement is at- shall also be excess. tached. (2) Condition 11. Conformance to b. With respect to addi- Specific Written Contract or tional insureds de- Agreement is hereby added: scribed in Paragraph 7.a.(2)(f) above only: 11. Conformance to Specific Written Contract or If a written contract or Agreement agreement between you and the additional a. With respect to addi- insured specifies that tional insureds de- coverage for the addi- scribed in Paragraph tional insured: 7.a.(2)(f) above only: (1) Be provided by the If a written contract or Insurance Ser- agreement between vices Office addi- you and the additional tional insured form insured specifies that number CG 20 10 Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 13 of 15 or CG 20 37 Paragraphs (3) and (4) of this exdu- (where edition sion do not apply to tools or equip- specified); or ment loaned to you, provided they are (2) Include coverage not being used to perform operations at the time of loss. for completed op- erations; or b. With respect to the insurance pro- (3) Include coverage vided by this section of the endorse- ment, the following additional provi- sions apply and where the limits or (1) The Limits of insurance shown in coverage provided to the Declarations are replaced by the additional insured is the limits designated in Section more restrictive than B. Limits of Insurance, 9. of was specifically re- this endorsement with respect to quired in that written coverage provided by this en- contract or agreement, dorsement. These limits are in- the terms of Para- clusive of and not in addition to graphs 7.a.(3)(a), the limits being replaced. The 7.a.(3)(b) or 7.b. above, Limits of Insurance shown in or any combination Section B. Limits of Insurance, thereof, shall be inter- 9. of this endorsement fix the preted as providing the most we will pay in any one "oc- limits or coverage re- currence" regardless of the quired by the terms of number of: the written contract or agreement, but only to (a) Insureds, the extent that such lim- its or coverage is in- (b) Claims made or "suits" cluded within the terms brought; or of the Coverage Part to (c) Persons or organizations which this endorsement making claims or bringing is attached. If, however, "suits". the written contract or agreement specifies (2) Deductible Clause the Insurance Services dam- Office additional in- (a) Our obligation to pay dam- sured form number CG ages on your behalf applies 20 10 but does not only to the amount of dam- specifywhich edition, or ages for each "occurrence" specifies an edition that which are in excess of the does not exist, Para- Deductible amount stated in graphs 7.a.(3)(a) and Section B. Limits of Insur- 7.a.(3)(b) of this en- ante, 9. of this endorse- dorsement shall not ment. The limits of insur- apply and Paragraph ance will not be reduced by 7.b. of this endorse- the application of such De- ment shall apply. ductible amount. 8. Broadened Contractual Liability -Work (b) Condition 2. Duties in the Within 50' of Railroad Property Event of Occurrence, Of- fense, Claim or Suit, ap- It is hereby agreed that Paragraph f.(1) of plies to each daim or "suit" Definition 12. "Insured contract" (SEC- irrespective of the amount. TION V - DEFINITIONS) is deleted. (c) We may pay any part or all 9. Property Damage to Borrowed Equip- of the deductible amount to ment effect settlement of any a. The following is hereby added to Ex- claim or "suit' and, upon no- tification of the action taken, clusion j. Damage to Property of you shall promptly reim- Paragraph 2., Exclusions of SEC- burse us for such part of the TION I -COVERAGES, COVERAGE deductible amount as has A BODILY INJURY AND PROP- been paid by us. ERTY DAMAGE LIABILITY: Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 14 of 15 10. Employees as Insureds - Specified TIONS) is hereby deleted and replaced by Health Care Services the following: It is hereby agreed that Paragraph a. You must see to it that we are notified 2.a.(1)(d) of SECTION II - WHO IS AN as soon as practicable of an "occur- INSURED, does not apply to your "em- rence" or an offense which may result ployees" who provide professional health in a claim. To the extent possible, no- care services on your behalf as duly li- tice should include: censed: (1) How, when and where the "oc- a. Nurses; currence" or offense took place; b. Emergency Medical Technicians, or (2) The names and addresses of any injured persons and wit- c. Paramedics, nesses; and in the jurisdiction where an "occurrence" (3) The nature and location of any or offense to which this insurance applies injury or damage arising out of takes place. the "occurrence" or offense. 11. Broadened Notice of Occurrence This requirement applies only when Paragraph a. of Condition 2. Duties in the "occurrence" or offense is known the Event of Occurrence, Offense, to an "authorized representative". Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GCP 204 OR 05 12 Services Office, Inc., with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 09-01-2016 IEBA 034 77 03 Named Insured: ASHLAND FLOWER SHOP AND GREEN HOUSES,INC DBA CAROL'S COLORS Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - UABIUTY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05 Exhibit C CITY OF -AS H LA N D Operations and Maintenance Plan: Gilligan's Island January 2017 - June 2017 Maintenance ® Weed control - mechanical • Routine pruning • Deer repellent application • Leaf removal • Blowing of hardscapes • Debris disposal • Install (4) 1 gallon Guara (Whirling Butterflies) and (4) 1 gallon Salvia (Night Sage) • Fertilizer Irrigation • Turn. on system in spring • Adjust watering schedule once or twice a month • Winterization Labor • 1 visit to site every other week Repairs (variable) • Rate per hour • Cost of Materials Watering Schedule: Month Days Duration End of April - beginning of May Tues. 10 min Mid May - beginning of June Tues & Fri 10 min End of June - beginning of July Tues, Thurs. & Sat. 15 min End of July - beginning August Tues, Thurs, Sat, & Sun. 20 min End Aug. - Early Sept. Tues, Thurs, & Sat. 15 min Middle Septembet• Tues & Thurs 15 min Beginning of October Tues. 10 min Public Works Engineering Tel: 541-488-5587 20 East Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CAROL'S COLORS LANDSCAPING Maintenance and Construction PO Sox 2037, Phoenix, OR 97535 $41-535-7074 MMm.carolscolorsxorn FAX 541.897-0369 Gllllgan's Island 11.23.16 Date: November 23, 2016 Name: City of Ashland Property Address: Gilligan's Island Billing Address: 20 East Main Street, Ashland, 97520 Contact Information: Julie Smitherman 541 552-2062 Email, julie.smitherman@ashiand.or.us LANDSCAPE MAINTENANCE PROPOSAL: Maintenance: Every other week January 6th, 2017 - June 30th 2017 Service to include, ➢ Weed control - mechanical ➢ Routine pruning ➢ Deer repellent and fertilizer > Leaf removal ➢ Blowing of hardscapes ➢ Debris disposal Our estimated monthly cost is between $170.00 and $210,00 per month based on 2 hours per visit at our regular maintenance rate plus Time and Materials for fertilizing and repellent. Currently our regular maintenance rate is $38.00 per hour. Irrigation costs are separate. LANDSCAPE INSTALL PROPSAL: Y Install (4) 1 gallon Guara (Whirling Butterflies) and (4) 1 gallon Salvia (Night Sage) Bid: $180.00 Irrigation: Turn on > Winterization Y Seasonal adjustment Repairs Cost subject to need. The current rate for our regular maintenance accounts is $60.00 per hour plus materials. Page l of 2 Purchase Order IWAL Fiscal Year 2017 Page: 1 of: 1 FA& THIS PO-NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable Purchase L 20 E. Main 464 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable(aD-ashland.or.us V CAROL'S COLORS LANDSCAPING H C/O Conservation Division E 87 W NEVADA I 20 East Main Street N ASHLAND, OR 97520 P Ashland, OR 97520 Phone: 541/488-5306 O R O Fax: 541/552-2050 endor Phone Number Vendor Fax Number Requisition Number D6Iwqr y Reference 541 535-7074 Julie Smitherman Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 12/13/2016 1829 FOB ASHLAND OR Cit Accounts Pa able Item# Descri tion/PartNo QTY- UOM Unit Price Extended Price Landscape Maintenance 1 Landscape maintenance on the Main/Helman median January 6, 1 $2,500.0000 $2,500.00 2017 - June 30, 2017 Contract for Goods and Services Less Than $25,000 Beginning date: January 6, 2017 Completion date: June 30, 2017 GL SUMMARY 085900 - 604160 $2,500.00 Date: uthorJ ed ignature PO Total $2,500.00 FORM #3 CITY OF ASHLAND REQUISITION U Date of request: 12/08/16 Required date for delivery: 12/30/16 Vendor Name Carol's Colors Landscaping Address, City, State, Zip P.O. Box 2037, Phoenix, OR 97535 Contact Name & Telephone Number Greg Williams 541-535-7074 Fax Number 541-897-0369 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 # ❑ Verbal/Written 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 # 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 Date 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 - $2,500 Landscape maintenance on the Main/Helman Street Median January 6, 2017 - June 30, 2017 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 See Attached Contract for Goods and Services $2,500 TOTAL COST ® Per attached quote/proposal D $2,500 Project Number---------- Account Number 260.08.11.00.604160 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. l.LI ~ Department Head: NN t 1 z ~~/4 (Equal to or greater than $5,000) Departmen nager/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 - Reauisition