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HomeMy WebLinkAbout2022-060 PO 20230036- Vitus Construction Inc Purchase Order I _ t P. CORDE ,VMS C _ Pi Fiscal Year 2023 Page: 1 of: 1 B City of Ashland -� ATTN: Accounts Payable L 20 E. Main Purchase 20230036 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us ✓ H C/O Facilities Maintenance Div E VITUS CONSTRUCTION INC I 90 North Mountain Ave ' 1912 SECOND AVENUE p Ashland, OR 97520 GOLD HILL, OR 97525 Phone: 541/488-5358 R T Fax: 541/552-2304 =s_-.�i=�9_.: L. l, a� — -a_ _i .g's: -s-�='�'_ '-�_�— -��.�"- �/__a�,.71Ejg�e;--��---,_'—�=--- David Arnold a —a._......—_ — . a�—, 06/10/2022 498 FOB ASHLAND OR City Accounts Payable z_ . ........... Construction Services FY 23 1 Construction Services FY 23 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or Less) Completion date: 06/30/2023 Project Account: ***************GL SUMMARY*************** 088400-602400 $5,000.00 1 By: LLQ Date: 4 ...-_s: Authorized gnature _" -: �����a�:�� Y=s $5,000.00 FORM #3 ; CITY OF A request for a Purchase ;;r ,� . ASHLAND Ae- F0,5 624 REQUISITION / Date of request: 4/28/2022 Required date.for delivery: Vendor Name Vitus Construction Inc. Address,City,State,Zip PO Box 1097. Gold Hill. OR 97525 Contact Name&Telephone Number Corey Vitus 541-855-7177 coreyavitusconstruction.com . Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization O AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon , ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# - (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids and solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval .❑ Annualcost to City exceeds$25,000,Council O Form#4,Personal Services$5K to$75K 0 Mitten quote or proposal attached approval required.(Attach copy of council communication). Date approved by Council: , Valid until: (Date) Description of SERVICES Total Cost Construction services for FY23 $5,000.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost. 1 $0 $0.00 $0 ' $0.00 $0 . $0.00 0 Per attached quotelproposal ' TOTAL:COST Project Number: _ _ _ Account Number: 088400-602400 $$0.00 *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 all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,l certify that the ity's publi ontracting requirements have been satisfied. . Employee: Department Head: 5itcat21— . or greater than$5,000) Department ManagerlSupervisor: City Manager: (Greater than$300 Funds appropriated for current fiscal year: / NO974 'lI/'Z� . Finance Direc or-(Equal to or greater than$5,000) Date Comments: - • Form#3-Reauisition • GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Vitus Construction Inc. CITY O F PROVIDER'S , AS H LAN D CONTACT: Corey Vitus 20 East Main Street Ashland,Oregon 97520 ADDRESS: PO Box 1097 Telephone: 541/488-5587 Gold Hill,OR 97525 Fax:.541/488-6006 • PHONE: 541-855-7177 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an.Oregon municipal corporation-(hereinafter"City")and Vitus.Construction Inc., (a domestic/foreign business corporation) ("hereinafter"Provider"),for construction work. • " 1. PROVIDER'S OBLIGATIONS 1.1 Provide construction work for FY23 as set forth in the"SUPPORTING DOCUMENTS"attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "S"UPPORTING DOCUMENTS"shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. _ 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability: . 1.2.2 Each policy of such insurance shall be on an "occurrence"and nota"claims made" form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arisingout of the provision of Work under this Agreement; • Apply toeach named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; . • Apply as primary coverage for each additional named.insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider "shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers,employees and agents r as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction.Inc... 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017,which requires subject employers toprovide workers' compensation coverage for all of its subject workers. • 1.4 Provider agrees that no person shall, on the grounds of race,-color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicablerequirements of federal and state civil rights and rehabilitation statutes, rules-and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS.200.055,in awardingsubcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a. subcontract,.including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or.more, Provideris required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any, Subcontractor who perforins 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. - 1.7 Assignment: .Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written,consent of the City. My attempted assignment or subcontract without written consent of the City shall-be void. Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the hourly rates effective 4/13/2022 as specified in the SUPPORTING. DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed • the sum of$5,000 (this is maximum, not to exceed amount of ENTIRE Agreement) without express, written approval from the City officialwhose signature appears below; or such official's successor in office. Provider expressly acknowledges that,no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded,and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's ownrisk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Vitus Constriiction'Inc.. 3.2 Provider is an independent contractor and.not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefitssuch as health and disability insurance,paid leave,and retirement. • 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject • matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. _ • • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. • 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for.litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expresslywaives any and all rights to maintain an action under this.Agreement in any other venue,and expressly consents that, upon motion of the other party, any case may be dismissed or its venue' transferred,.as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents. from and against any andall claims, suits, actions, losses; damages, liabilities, costs, and expenses of any nature resulting from, arising,out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. ' • 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3.10 If any provision of this Agreement is found bya court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O:B destination. Provider shall pay alltransportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud, and warranties. • 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated'. If Provider does not cure any defects within a reasonable time, the City may reject the Goodsand cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including'its • rights under the Uniform Commercial Code,ORS.Chapter 72(UCC). • 3.13 Provider represents and warrants that the Goods are new,. current, and fully warranted by the• manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider'shall transfer all warranties to the City. __ Page 3 of 6: Goods and Services Agreement between the City of Ashland and.Vitus Construction Inc. • 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" •• The Provider's complete written Rate Sheet dated April 13,2022. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to 'be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES • • 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; • 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; . 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or in anyy order whatsoever. 5.2 In no event shall City be liable to Provider for any expensesrelated to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,:Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION • 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), andshall continue in full force and effect until June 30, 2023, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2.The City may, upon not less than thirty (30) days' prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause, by not less than fourteen(14)days' prior, written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or.equity.. • 7. NOTICE • Whenever notice is required or permitted to be given underthis Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: • If to the City: Page 4 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. City of Ashland—Facilities Maintenance Department Attn: David Arnold 20 E.Main Street . Ashland,Oregon 97520 ' Phone:(541)552-2292 With a copy to: City of Ashland-Legal Department 20 E.Main Street _f Ashland, OR 97520 . • Phone: (541)488-5350 If to Provider: • Vitus Construction Inc. • Attn:Corey Vitus • 541-855-7177 ' 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall,-throughout the term of this Agreement, including any extensions hereof, comply with: • (i) All tax laws Of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; . (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and ' (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. . 9.1.2 Provider,for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS _ chapters 316,317,and 318; • (ii) Any tax provisions'imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material,breach of,this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. • Page 5 of 6: Goods and Services'Agreement between the City of Ashland and Vitus Construction Inc. • IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names. by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Vitus Construction Inc. (PROVIDER): By: By: �� a �^ natur • Signature Scar SEUL:y ieye Vt -ij Printed Name / Printed Name Pu3t-1c— umott ¢d Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. • • • • • - T S \fif CONSTRUCTION INC .• • • • April 13,2022 • Nicole Graham City of Ashland 90 North Mountain Avenue Ashland,Oregon 97520 Re: City of Ashland Rate Sheet • • Nicole', , • - Please find attached the requested rate sheet for any"as needed"contracts between Vitus Construction •and-the-City of Ashland for the fiscal year of 2023. • Please note that The City of Ashland will not be responsible for mileage and/or fuel charges. We appreciate the opportunity to provide this information to you. Please let us know if you have any further questions. Sincerely, • Corey E.Vitus • President • • • • • P.O.Box 1097 • Gold Hill,OR 97525 . Phone:541.855.7177 •Fax:541.855.7520'• E-mail: corey©vitusconstructiori.com • CCB#63643 • • i)kli-k11.4 • '`����' ' CONSTRUCTION INC . SCHEDULE OF LABOR OR JOB RATES FOR FY.2023 Rates for"Non-Prevailing Wage"projects:. Job Description Hourly Wage* Overtime Hourly Wage' Laborer $50.00 $75.00 Carpenter $60.00 $90.00 Superintendent $64.00 . $96.00 "Non-Prevailing Wage" overtime criteria: Overtime is calculated at anything in excess of forty hours per week. It is not anticipated that overtime will be necessary to meet the job schedule. Rates for"Prevailing Wage" Job Description Hourly Wage* Overtime Hourly Wage Laborer $90.00 $135.00 Carpenter $97.00 $145.50 Superintendent $98.00 $147.00 "Prevailing Wage"overtime criteria: Overtime is calculated in conformance with BOLI or the Davis Bacon Act whichever is applicable or greater. • *Hourly wage includes-afterhours and weekend work. • P.O.Box 1097 • Gold Hill,OR 97525 Phone:541.855.7177 •Fax:541.855.7520 • E-mail: corey@vitusconstruction.com • CCB*63643 • AR o CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A-CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Charris Sonne=Phinney Anchor Insurance and Surety, Inc PHONE FAX PO Box 2808 (NC.No.Ext):503-224-2500 (A/c,No):503-224-9830 Portland OR 97208-2808 ADDRESS: certificates@anchorias.com . INSURER(S)AFFORDING COVERAGE NAIC# • INSURER A:Union Insurance Company 25844 INSURED VITUCON-01 INSURER B:SAIF Corporation 36196 VO Box 1 1097 Construction Inc. PINSURER c:Indian Harbor Insurance Co. 36940 PO . Gold Hill OR 97525 INSURERD: INSURER E: INSURER F: COVERAGES' CERTIFICATE NUMBER:1690549791 • 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. INSRLTYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPA 6040088 6/18/2021 6/18/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR . PREMISES(Ba occurrence) $300,000 • ' MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 • POLICY X JECT PRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y CPA 6040088 6/18/2021 6/18/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) — •I $ A X UMBRELLA LIAB X OCCUR Y CPA 6040088 6/18/2021 • 6/18/2022 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ - $ B WORKERS COMPENSATION 870143 10/1/2021 10/1/2022 X SPER TATUTE ETHR OR AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A • E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? • (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under . DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Profession&Pollution Liability PEC005004804 6/18/2021 6/18/2022 Occur 1,000,000/Agg 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder and all other entities are additional insureds when specified by written contract.Coverage is primary&non-contributory and includes waiver of subrogation when required by written contract.All subject to the terms,conditions and exclusions,of the policies.Endorsements attached:CLCG0529 10/18; CLCG2071 09/16;CLCG0492 10/18;CLCA0149 06/17;WC000313. Goods and Services Agreement 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. City of Ashland ' 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE I • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD , • CARRIER: Union Insurance Company POLICY NUMBER: CPA 6040088 COMMERCIAL GENERAL LIABILITY INSURED: Vitus Constructionlnc. CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: . • , COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence - Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage FromnAutomatic.Fire Protective Systems) E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included • I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments—Increased Limits 1. Bail Bonds $3,000 2. Loss Of Earnings • $ 1,000 K. • Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included. N. Incidental Medical Malpractice Included • The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. • The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization be added as an this endorsement. This endorsement applies only if additional insured on your policy, provided such Coverage Part is included in this policy. that A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement 1. Section II_Who Is An Insured is amended (1)- Currently in effect or becoming to include as an insured any person or organization (referred to as an additional effective during the term of this policy; insured below) described in Paragraphs and A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed, by you and the and such person or organization-have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission • injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". . or failing to prepare or • b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, surveys, field orders, organization included as an additional change orders or drawings insured by a separate endorsement issued by us and made a part of this policy and specifications; or or coverage part. (12) Supervisory, inspection, c. Only the following persons or architectural or engineering organizations are additional insureds activities. under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, ..if the "occurrence" which (a) Any person or organization for caused the"bodily injury"or"property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; (ii) "Bodily injury" ` or "property and damage"occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an additional insured under the materials, parts, or contract or agreement described equipment furnished in in paragraph (a)above. connection with such , work, on the project (c) Such person(s)or organization(s) (other than service, is an additional insured only with • maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations (i) Your acts or omissions; or has been completed; or (II) The acts or omissions of (1.2) That portion of "your work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its. operations for the additional insured. intended use by any (d) With respect to the insurance person or organization other than another afforded to these additional contractor or insureds, the following additional exclusions apply: subcontractor engaged in performing operations for This insurance does not apply to: a principal as a part of the (I) "Bodily injury", . "property same project. • damage" or "personal and (2)Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, of that part of the premises leased to engineering or surveying services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., • Page'2 of 8 with its permission • you and subject to the following • contract or written agreement with additional exclusions: you for such leased equipment ends. This insurance does not apply to: This insurance does not apply to any "occurrence" akes(a) Any "occurrence" which takes the equipment lelasetexp reslace after place after you cease to be a tenant in that premises. (6) State, Municipality, Governmental • (b) Structural alterations, new Agency Or Subdivision Or Other construction or demolition Political Subdivision — Permits Or operations performed by or on Authorizations Relating To behalf of such additional insured. Premises (3)Mortgagee,Assignee Or Receiver Any state, municipality, governmental agency or subdivision or other A mortgagee, assignee, or receiver political subdivision subject to the but only with respect to their liability following additional provisions: as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, maintenance, or use of a covered respect to: • premises by you. (I) The following hazards 'for which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new subdivision or other political construction or demolition operations • subdivision has issued a performed by or on behalf of such permit or authorization in additional insured. connection with premises you (4) Owners Or Other Interests From own, rent or control and to Whom Land Has Been Leased which this insurance applies: An owner or other interest from whom (1.1) The existence, land has been leased to you but only maintenance, repair, with respect to liability arising out of construction, erection the ownership, maintenance or use of or removal of. that part of the land leased to you and advertising signs, subject to the following additional awnings, canopies, exclusions: cellar entrances, coal drThis insurance does not apply to: holes,manholes, marqumarquees, ees, (a) Any "occurrence" which takes hoist away openings, place after you cease to lease sidewalk vaults, street that land. ' banners or decorations (b) Structural alterations, new and similar exposures; or construction or demolition operations performed by or on (1.2) The construction, behalf of such additional insured. erection or removal of (5) Lessor Of Leased Equipment elevators; or . Any person(s)or organization(s)from (1.3) The ownership whom you lease equipment but only maintenanceor use of with respect to liability for "bodily any elevators covered injury", "property damage" or by this insurance. "personal and advertising injury" (ii) .Operations performed by you caused, in whole or in part, by your or on your behalf for which maintenance, operation or use of the state, municipality, equipment leased to you by such governmental agency or person(s)or organization(s). subdivision or other political A person's or organization's status as subdivision has issued a an additional insured under this permit.or authorization. endorsement ends when their written CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 withits permission (b) This insurance does not apply to (III)Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, • (Iv) Repackaging, except when municipality, governmental unpacked solely for the • agency or subdivision or other political subdivision. purpose of • inspection, demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organization(s)with instructions from the • • a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original liability arising out of: container; (a)Their financial control of you; or (v) Any failureto make such inspections, ,adjustments, (b) Premises they own, maintain or tests or• servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to This insurance does not apply to make in the usual course of structural alterations, new business,.in connection with construction'or demolition operations the distribution or sale of the performed by or for such person(s)or products; organization(s). (vi) Demonstration, installation, (8) Co-Owner Of Insured Premises servicing or repair operations, except such A co-owner of a premises co-owned operations performed at'the by you and covered under this vendor's premises in insurance but only with respect to,the connection with the sale of co-owner's liability as co-owner of the product; such premises. OH) Products which, after (9) Vendors distribution or 'sale by you, r (a) Any person(s) orrelabeledlabeled or used as a (referred to as vendor), but only • container, part or ingredient with respect to "bodily injury" or of any other thing or "property damage" arising out of substance by or for the "your products" which, are vendor; or distributed or sold in the regular course of the vendor's business. (viii)"Bodily injury" or "property The insurance afforded the damage" arising out of the vendor does not apply to: sole negligence of the vendor for its own acts or omissions (i) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, • this damages by reason of the • exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written • contained in Sub- agreement. This exclusion paragraphs (iv) or does not apply to liability for - (vl); or, damages that the vendor • • would have in the absence of. • (1.2) Such inspections, the written contract or written adjustments, tests or • agreement; servicing as the (II) Any express ' warranty vendor has agreed to unauthorized by you; make or normally undertakes to make • CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., ' Page 4 of 8 with its permission in the usual course of B. EXPECTED OR INTENDED INJURY OR business, in DAMAGE connection with the Exclusion 2.a. Expected Or Intended injury of. distribution or sale of Section I — Coverage A — Bodily Injury And the products. Property Damage Liability is deleted and (b). This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended injury Or Damage. or organization, from whom you-have acquired products, "Bodily injury"or"property damage"expected or any ingredient, part or . or intended from the standpoint of the insured. container, entering into, . This exclusion does not apply to"bodily injury" accompanying or containing or"property damage"resulting from the use of such products. reasonable force to protect persons or 2. With respect to coverage provided by this property. Provision A. Miscellaneous Additional C. KNOWLEDGE OF OCCURRENCE. Insureds, the following additional provisions Paragraph 2.a. Duties in The Event Of apply: Occurrence, Offense, Claim Or Suit of Section a. Any insurance provided to an additional IV- Commercial General Liability Conditions insured designated under Paragraphs. is deleted and replaced by the following: A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as soon not apply: as practicable of an "occurrence" or an (1) To "bodily injury" or "property offense which may result in a claim only when damage" included within the the "occurrence"or offense is known to: "products-completed operations • hazard"; or (1) You, if you are an'individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising outof the sole negligence of company; or such additional'insured. (4) An "executive officer or the "employee" b. The insurance afforded to.such additional, . . designated by you to give such notice, if insured only applies to the extent . you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional ,To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the written (I) How,when and where the"occurrence"or contract or written agreement. ., offense took place; • 3. With respect to the insurance afforded to the (ii) The names and.addresses of any injured additional insureds within this Provision A. persons and witnesses; and Miscellaneous Additional Insureds, the (III)The nature and location of any injury or following is added to Section iii— Limits Of damage arising out of the"occurrence"or insurance: . offense. The most we will pay on behalf of the D. LEGAL LIABILITY — DAMAGE TO PREMISES additional insured is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contract or written Smoke, .Or Leakage From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises ,rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage part,then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph(after the exclusions)is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission • Exclusions c. through n. do not apply to you or temporarily occupied by you with damage by fire, lightning, explosion, "smoke", permission of the owner; or leakage from automatic fire protective 5. • Subparagraph a. of Definition 9. "Insured systems to premises while rented to you or „ temporarily occupied by you with the contract of Section V Definitions is permission of the owner. A separate limit of deleted and replaced by the following: • . insurance applies to this coverage as a. A contract for a lease of premises. described 'in Section III — Limits Of However,that portion of the contract for a Insurance. • lease of premises that indemnifies any • 2. The paragraph immediately after Sub- person or organization for damage by fire, paragraph J.(6)of Paragraph 2.Exclusions of lightning, explosion, "smoke" or leakage Section I—Coverage A—Bodily Injury And from automatic fire protective systems to Property Damage Liability is deleted and premises while rented to you or' . temporarily occupied by • you with replaced by the following: permission of the owner is not an"insured" • Paragraphs (1), (3) and (4) of this'exclusion contract". do not apply to "property damage"(other than • 6. As used in this Provision D. Legal Liability— damage by fire, lightning, explosion, "smoke", Damage To Premises Rented To You: or leakage from automatic fire protective systems) to premises, including the contents "Smoke" does not include smoke •from of such premises, rented to you for a period of agricultural smudging, industrial operations or seven or fewet'\consecutive days. A separate "hostile fire". lirriit of insurance applies to Damage To E. MEDICAL PAYMENTS • Premises Rented To You as described in Section ill—Limits Of insurance. The Medical Expense Limit is changed, subject to 3. Paragraph 6. of Section 111 —_ Limits Of the terms of Section III—Limits Of Insurance,to Insurance is deleted and replaced by the the Medical Expense Limit shown in. the following: Declarations. 6. Subject, to Paragraph 5. above, the F. MOBILE EQUIPMENT REDEFINED • greater of: Subparagraph f.(1) of Definition 12. "Mobile a. $300,000; or • equipment" of Section V—Definitions is deleted and replaced by the following: • • b. The Damage To Premises Rented To / - You Limit shown in the Declarations, (1) Equipment with a gross.vehicle weight of 1,000 pounds or more and designed primarily is the most we will pay under Coverage A . for: for damages because of "property damage""to premises while rented to you, (a) Snow removal; . or in the case of damage by fire, lightning, (b) Road maintenance, but not construction explosion, "smoke", or leakage from or resurfacing; or automatic fire'protective systems, while rented to you or temporarily occupied by (c) Street cleaning; you with permission of the owner. G. NEWLY FORMED OR ACQUIRED This limit 'will apply to all damage ORGANIZATION, PARTNERSHIP OR LIMITED proximately caused by the same event, LIABILITY COMPANY AND EXTENDED .whether such damage results from fire,. PERIOD OF COVERAGE lightning, explosion, "smoke", leakage Paragraph 3. of Section II—Who Is An Insured from automatic fire protective systems, or , is.deleted and replaced by the following: other covered causes of loss or any ' • combination thereof. 3. Any organization you newly acquire or form, other than a joint venture, and overwhich you 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. maintain ownership or: Other Insurance of Section IV — Commercial General Liability Conditions is • a. Majority interest of more than 50% if you deleted and replaced by the following: • are a corporation; , • (II) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a • or leakage from automatic fire protective. general partner of a newly acquired or • • systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission • • • c. Majority interest of more than 50% as an c. • Past partnership, joint venture or limited owner of a newly acquired or formed liability company; limited liability company; • that is not shown as .a Named Insured in the will qualify as a Named Insured if there is no Declarations. other similar insurance available to that I. NON-OWNED WATERCRAFT organization. However, for these organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (I) Coverage under this provision is afforded Auto Or Watercraft of Section I—Coverage A— only until the next anniversary date of this Bodily injury And Property Damage Liability is policy's effective date after you acquire or deleted and replaced by the following: form the organization, partnership or (2) A watercraft you do not own that is: limited liability company, or the end of the policy period,whichever is earlier; (a) Less than 51 feet long; and (ii) Section I—Coverage A—Bodily Injury (b) Not being used to carry persons or And Property Damage Liability does not property for a charge. . apply to "bodily injury" or "property J. SUPPLEMENTARY PAYMENTS-INCREASED damage" that occurred before you LIMITS acquired or formed the organization, Section I — Supplementary Payments — partnership or limited liability company; ' Coverages A And B is changed as follows: (Iii)Section I—Coverage B-Personal And • Advertising injury Liability does not 1. The limit shown in Paragraph 1.b.for the cost apply to "personal and advertising injury" of bail bonds is changed from$250 to$3,000;, arising out of an offense committed before and you acquired or formed the organization, 2. The limit shown in Paragraph 1.d. for loss of • partnership or limited liability company; earnings because of time off from work is (Iv) Coverage applies only when operations of changed from $250 a day to$1,000 a day. the • newly . acquired organization, K. UNINTENTIONAL OMISSION OR partnership or limited liability company are UNINTENTIONAL ERROR IN DISCLOSURE the same or similar to the operations of insureds already covered under this The following provision is added to Paragraph 6. • insurance; Representations of Section IV — Commercial General Liability Conditions: (v) Coverage only applies for those limited liability companies who have established However, the unintentional omission of, or a date of formation as recorded within the • unintentional error in, any information given or filed state articles of organization, provided by you shall not prejudice your rights certificates of formation or certificates of under this insurance. organization; and This provision does not affect our right to collect (vl)Coverage only applies for those ;additional premium or to exercise our right of • partnerships who have established a date cancellation or non-renewal. of formation as recorded within a written L. WAIVER OF TRANSFER OF RIGHTS OF partnership agreement or partnership RECOVERY AGAINST OTHERS certificate. The following is added to Paragraph 8. Transfer H. WHO IS AN INSURED—AMENDMENT Of Rights Of Recovery Against Others To Us of The last paragraph of Section II — Who is An • Section IV — Commercial General Liability •insured is deleted and replaced by the following: Conditions:. No person or organization is an insured with We waive any right of recovery we may have respect to the conduct of any: against any person or organization because of payments we make for injury or. damage arising a. Current partnership or limited liability out of your ongoing operations or"your work"and company,unless otherwise provided for under included in the "products-completed operations Paragraph 3. of Section II.— Who is An hazard" when you have agreed in a written Insured; contract or written agreement that any right of b. Current joint venture; or recovery is waived for such .person or organization. This waiver applies only to the • CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission • • person(s) or organization(s) agreed to in the • written contract or written agreement and is subject to those provisions. 0 This waiver does not apply unlessthe written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of • . transfer of rights of recovery which is attached to this policy,then this waiver does not apply. M. LIBERALIZATION CLAUSE • The following is added to Section IV '— Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes ' are intended to apply to all insureds under this edition of CG0001,that change will automatically apply to your insurance as of the date we implement the • change in 'your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. . N. INCIDENTAL MEDICAL MALPRACTICE . • 1. Paragraph 2.a.(1)(d) of Section II -Who is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic • employed by you if you are not in the business • or occupation of providing medical, paramedical,surgical, dental,x-ray or nursing • services. • 2. This provision'is excess over any other valid and collectible insurance whether such insurance is primary,excess,contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. • • CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page.8 of 8 with its permission • • Union Insurance Company CPA 6040088 COMMERCIAL GENERAL LIABILITY. Vitus Construction Inc. CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • ADDITIONAL INSURED = OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS AUTOMATIC STATUS, INCLUDING'PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • A. SECTION II.-WHO IS AN INSURED is amended For purposes ofthis endorsement,throughout to include:as an additional insured any person(s) the policy, the terms "you" and "your" refer to or'organization(s) when you are obligated by the Named.Insured shown in the Declarations. • virtue of a written contract or agreement that B. Exclusions such person or organization(s) be added as an additional insured to your policy. With respect to the insurance afforded to these Such • 'person(s)or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property , injury or "property damage" or "personal and damage"arising outof: advertising injury"caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the • following operations: (2) The acts or omissions of those acting on ' behalf of the Named Insured; a. Providing engineering, architectural or surveying services to others in your • and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and 'This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in • agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" • or "personal ' and employment,wrongdoing in the supervision, hiring, ring of others by advertising injury". that training insured, ifthewiich caused the However: . "bodily injury"or"property damage",or the offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies to the extent permitted by injury", involved the rendering of, or the failure to law; and render,any professional architectural,engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to'such additional insured will not be broader than that which you are• a. Preparing, approving,or failing to prepare required by the contract or agreement'to • or' approve, maps, shop drawings, provide for such additional insured. . opinions, reports, surveys, field orders, change orders, or drawings and • . specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 • Office, Inc., with its permission • • b. Supervisory or inspection activities .D. Other Insurance performed as part of any related For purposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other, Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and • procedures contrary: employed by you or performed by'or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your primary, excess, contingent or any other basis. ongoing operations. But, if required by a written contract or written C. , Limits of Insurance • agreement to be primary and noncontributory,this • With respect to the insurance afforded to these insurance will be primary to and will not•seek additional insureds,the following is added to contribution from any insurance on which the Section III-Limits Of Insurance: additional insured is a Named Insured. • If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage.. will pay on behalf of the additional insured is the . • amount of insurance: • - 1. Required by the contract or agreement; or • • • 2. Available under the applicable Limits of • Insurance shown in the Declarations; -whichever is less. • • This endorsement shall not increase the applicable Limits of Insurance shown in the • Declarations. • • • • • • • • • • • • • • Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc.,with its permission • • • CARRIER: Union Insurance Company POLICY NUMBER: CPA 6040088 COMMERCIAL GENERAL LIABILITY INSURED: Vitus Construction Inc. CL CG 05 29.10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: • • • COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT • . GENERAL LIABILITY ULTRA PLUS ENDORSEMENT • A.. General Liability Ultra Plus Endorsement CL CG 04 92, Provision A. Miscellaneous Additional Insureds, is revised as follows: 1. The following is added to(1) Persons or Organizations For Whom Operations Are Performed, c.(1): a. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition. of CG 20 10 (aka CG 20 10 10 01)or via the 11/85 edition of CG 20 10 (aka CG 20 10 11 85), then in paragraph 1.c.(1)(c).,the words caused in whole or in part by, are replaced by the words arising out of. • b. For purposes of this additional insured coverage,the terms"you"and "your" refer to the Named Insured shown in the Declarations. • B. CONTRACTUAL LIABILITY-RAILROADS The following coverage is added: 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured Contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to. you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; • c. Any easementor 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; (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 .CL CG 05'29 10.18 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with,its permission • those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement,the following is added to the Section IV-Commercial General Liability Conditions,4 Other Insurance condition and supersedes any provision to the contrary. This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work"performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01, General Aggregate Limit under SECTION III—LIMITS OF INSURANCE: The General Aggregate Limit under SECTION III -LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph C.Aggregate Limits Of Insurance does not apply. D. BODILY INJURY REDEFINED The definition of"Bodily injury" in the Definitions section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 is replaced by the following: "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury"includes mental anguish or other mental injury resulting from "bodily injury". • • • • • • • Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 05 29 10 18 • Office, Inc., with its permission CARRIER: Union Insurance Company • POLICY NUMBER: CPA 6040088 COMMERCIAL AUTO INSURED: Vitus Construction Inc. CL CA 01 49 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. • • A. NEWLY ACQUIRED OR FORMED "property damage": because of the conduct of ORGANIZATIONS an "insured' under Paragraphs a. or b. under The following is added to Paragraph A.1. Who Is - Paragraph A.1.Who Is An Insured of Section An Insured of Section II - Covered Autos Liability b II- Coverac Autos Liability Coverage, caused Coverage: by an "accident" and resulting from the ownership, maintenance or use of a covered Any organization you newly acquire or form, other "auto"; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization: excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such "accident"; Insured. However: 1. This insurance does not apply to any newly 3. The insurance afforded to any such additional "insured" does not apply to any "accident" acquired or formed organization that is an "insured"under any other automobile policy or beyond the period of time required by the written contract or agreement described would be an "insured" under such policy but for its termination or the exhaustion of its Limit above; of Insurance. 4. The most we will pay on behalf of such 2. Coverage does not apply to "bodily injury",or additional "insured(s)" is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded only • above; or • until the 180th day after you acquire or form • b. The Limits of Insurance shown in the the organization or the end of the policy Declarations. period, whichever is earlier. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR - Insurance shown in the Declarations in this AGREEMENT policy or coverage part; and The following is added to Paragraph A.1.,Who Is 5. The following changes are made to Paragraph An Insured of Section II - Covered Autos Liability 5. Other Insurance of B. General Conditions ' Coverage: under Section IV- Business Auto Conditions: • When you have agreed in a written contract or • a. The following is added to Paragraph 5.a.: agreement to include a person or organization as If required by the written contract or an additional "insured", such person or agreement described above, the organization is included as an "insured"subject to insurance afforded to the additional the following: • insured under this provision will be 1. Such person or organization is an additional primary to, and will not seek contribution "insured" only to the extent such person or from, the additional insured's own organization is liable for "bodily injury" or insurance. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen "auto"to you. Autos Liability Coverage is deleted in its entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you under the Transportation Expenses Coverage Section.V- Definitions is amended to add the following: Extension will not also be covered or paid under the Rental Reimbursement Coverage An "insured contract" does not include that provided by this endorsement or any rental part of any contract or agreement: reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the The following is added to Exclusion B.3.a. of vicarious liability of such person or organization for "bodily injury" or "property Section III- Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is coverage. not named as an. "insured" by separate I. AUTO LOAN/LEASE GAP COVERAGE endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of The following is added to Paragraph A.1.Who Is Insurance. An Insured Section II - Covered Autos Liability 4. In the event of a total "loss" to a covered Coverage: "auto", we will pay the lesser of: Any "employee" of yours is an "insured" while a. Any unpaid amount due on the lease or using a covered "auto" you don't own, hire or loan for a covered"auto", less: borrow in your business or your personal affairs. D. INCREASED COVERAGE -BAIL BONDS (1) The amount under the Physical Damage Coverage section of the The Supplementary Payments Coverage policy; and Extension of Section II - Covered Autos Liability Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS ' OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, abnormal wear and tear or high The Supplementary Payments Coverage. mileage; Extension of Section II - Covered Autos Liability (c) Security deposits not returned by Coverage is amended as follows: the lessor; The Limit of Insurance in.paragraph A.2.a.(4) is (d) Costs for extended warranties, increased to$1,000. Credit Life Insurance, Health, F. FELLOW EMPLOYEE COVERAGE Accident or Disability Insurance purchased with the loan or lease; The Fellow Employee Exclusion contained in and Section II-Covered Autos Liability Coverage does not apply. This coverage is excess over any other (e) Carry-over balances . from collectable insurance. . previous loans or leases; or G. COVERAGE EXTENSION -TRANSPORTATION b. $5,000. EXPENSES However, this provision does not apply to the Paragraph A.4.a. Transportation Expenses of extent loan/lease gap coverage has been Section III- Physical Damage Coverage is provided by separate endorsement to this amended as follows: policy. 1. The Limits of Insurance are increased to $75 per day to a maximum of$2,500. • Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc., with its permission J. GLASS REPAIR-NO DEDUCTIBLE When fire extinguishers are kept in your covered The following is added to Paragraph D.Deductible "auto" and any are discharged in an attempt to of Section III- Physical Damage Coverage: extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire Any Comprehensive Coverage deductible shown extinguisher(s). in the Declarations does not apply to "loss" to No deductible applies to this coverage. glass when you elect to patch or repair rather than replace the glass. O. HIRED AUTO PHYSICAL DAMAGE K. INCREASED COVERAGE - ELECTRONIC COVERAGE EQUIPMENT The following is added to Paragraph A.4. The $1,000 limit indicated in Paragraph C.1.b. Coverage Extensions of Section III Physical under Section III _ Physical Damage Coverage is Damage Coverage: increased to$2,500. If hired "autos" are covered "autos" for Covered L. EXTENDED COVERAGE PERSONAL Autos Liability Coverage and if Physical Damage PROPERTY Coverage is provided for any"auto"you own,then the Physical Damage coverages provided are The following is added to Paragraph A.4. extended to"autos"you lease, rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: • may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member,that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, b. The cost to repair or replace the"auto"; or maintenance or use of a covered "auto". c. $100,000. The insurance provided by this coverage 2. Paragraph 1.above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property., deductible for any owned "auto"will apply for • Under this provision, personal property does not that coverage. include and we will not pay for"loss" of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section of the Declarations page for any of If a private passenger type "auto" or light truck the Physical Damage coverages,then the "auto" (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage • described in this endorsement does not Comprehensive and Collision Coverage, we will pay up to$150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and 4. In addition to the limit set forth in Paragraph 1. labor costs incurred each time such "auto" is above we will pay up, to $500 per day, to a disabled. However, the labor must be performed at the place of disablement. maximum of$3,500 per"loss"for: N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the, "loss"to a hired "auto"; and The following is added to Paragraph A.4. b. Loss of use of the hired"auto", provided it Coverage Extensions of Section IV - Physical is the consequence of an "accident" for Damage Coverage: which you are legally liable, and as a CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission • result of which a monetary loss is (1) You, if you are designated in the sustained by the leasing or rental r Declarations as an individual; concern. • (2) Your partners or members, if you are However, Paragraph A.4.b. Loss of Use . 'designated in the Declarations as a Expenses under Section III - Physical Damage partnership or joint venture; • Coverage of the Business Auto Coverage Form does not apply. (3) Your members or managers, if you are designated in the Declarations as P. RENTAL REIMBURSEMENT COVERAGE - a limited liability company; We will pay for rental reimbursement expenses (4) Your executive officers if you are incurred by you for the rental of an"auto"because - designated in the Declarations as an of"loss"to a covered "auto". organization other than an individual, 1. Payment applies in addition to the otherwise partnership, joint venture or limited • applicable amount of each coverage you.have liability company; and • on the covered "auto". (5) The spouse of any person named in 2. No deductible applies to this coverage. Paragraphs 1.a.(1). through 1.a.(4) • while a resident of the same 3. We will pay only for those expenses incurred household; during the policy period beginning 24 hours Except: after the "loss" and ending, regardless of the expiration date of the policy,with the lesser of (a) Any "auto" owned by that • the following number of days: individual or by any member of his a. The number of days when the covered or her household., "auto" has been repaired.or replaced, or (b) Any"auto"used by that individual • b. 45 days. or his or her spouse while working in a business of selling, servicing, 4. Our payment is limited to the lesser of the repairing or parking "autos". following amounts: 2. Changes`In Auto Medical Payments And a. Necessary and actual expenses incurred; Uninsured And Underinsured Motorists or Coverages b. Not more than $75 for any one day; The following is added to Who Is An Insured: 5. We will pay up to an additional $300 for the Any individual named in 1.a above and his or reasonable and necessary expenses you her "family members" are "insured" while incur to remove your materials and equipment "occupying"or while a pedestrian when being from the covered "auto" and replace such , struck by any"auto"you don't own except: materials and equipment on the rental "auto". Any"auto"owned by that individual or by any 6. This coverage does not apply while there are "family member". spare or reserve "autos" available to you for 3. Changes In Physical Damage Coverage your operations. - 7. If"loss"results from the total theft of a covered Any privatepassenger type "auto" you don't own,"auto" of the "private passenger type", we will n the care, custody or control of any or borrow is a covered individuato" l • pay under this coverage only that amount of. named in Q.1.a. above or his or her spouse your rental reimbursement expenses which is • while a resident of the same house-hold not already provided for under the Physical except: Damage Coverage Extension of the Business • Auto Coverage Form or any endorsements _ . a. Any"auto" owned by that individual or by thereto. any member of his or her household; or However, this provision does not apply to the b. Any"auto"used by that individual or his or • extent that rental reimbursement is provided her spouse while working in a business of by separate endorsement to this policy: selling, servicing, repairing or parking Q. DRIVE OTHER CAR COVERAGE "autos". 1. The following is added to Section II-Covered 4. The most we will pay for the total of all Autos Liability Coverage: damages under Covered Autos Liability Uninsured Motorists Coverage and a. Any "auto" you don't own, hire or borrow Underinsured Motorists Coverage is the Limit is a covered "auto"for Liability Coverage Of Insurance shown in the Declarations as' while being used by: applicable to owned "autos". • Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01.49 06 17 Office, Inc., with its permission V 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV- Business Auto Conditions: by a deductible equal to the amount of the highest deductible shown. for any owned If you fail to disclose any hazards existing at the private passenger type "auto" applicable to inception date ofthis policy, such failure will not • that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. • will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition '. If we revise this endorsement to provide greater As used, in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide.the additional coverage "Family member" means a person related to to all endorsement holders as of the day the the 'individual named in 1.a. by blood, revision is effective in your state. marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT ' OR LOSS The following is .added to Paragraph A.2. of ' Section IV- Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit" or"loss" is satisfied if you ' or a person designated by you to be responsible ' for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" • or"loss" and provides us such notice as soon as ' practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT . ' The following is, added to Paragraph A.5 of. Section IV- Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property ' damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: ' • 1. Such written contract or agreement was: ' a.' Made prior to the "accident" or "loss" ' resulting in the covered "bodily injury' or • "property damage"; and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered, "bodily injury"' or "property. damage" must .arise out of the operations specified in such written contract or ' agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or • . agreement. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission • Y n www.saif.copi _ ■ • saiFz; . • • • Carrier no: 20001 Endorsement no: WC000313 • (Ed. 430B) SAIF policy: 811648 Vitus Construction Inc • Waiver of Our Right to Recover from Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. • • Schedule Description: All Operations Contractor name: Persons and/or organizations who, with the insured-employer are parties to a construction agreement as defined in ORS.30.140. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. 1 • Effective date: October 01, 2021 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. • , Countersigned September 30, 2021 at Salem, Oregon Co 7 e WC000313 J Chip Terhune (Ed. 430B) President and Chief Executive Officer • • • • • • • 400 High,Street SE • Salem,OR 97312 P:800.285.8525 • F:503.373.8020 Pot PC1 E430B