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HomeMy WebLinkAbout2023-114 PO 20240080- Vitus Construction Inc Purchase Order • f u i Fiscal Year 2024 Page: 1 of: 1 B City of Ashland 71: [ m1En§�-= I ATTN: Accounts Payable' L 20 E. Main Purchase 2�24�08� L Ashland, OR 97520 Order # T Phone: 541/552-2010 0 Email: payable@ashland:or.us V H C/O Facilities Maintenance Div E VITUS CONSTRUCTION INC l 90 North Mountain Ave N 1912 SECOND AVENUE p Ashland, OR 97520 O GOLD HILL, OR 97525 Phone: 541/488-5358 R T Fax: 541/552-2304 • -� ._: i oE` :'fQ aitriill nt4r- .1-537,777:77.�[a= = L a _ - David Arnold nQate Me _ 08/10/2023 FOB ASHLAND OR Accounts Payable e13 rain :LatA Iftirj-dZide On-call Construction Services 0 1 On-call Construction Services 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or less) Completion date: 06/30/2024 Project Account: *************** GL SUMMARY*************** 1 ' I 088400-602400 y $5,000.00 f f f f • • • • • • - 5- .i By: Date: 1 7,k Authorized Signator h #a :. _ $5,000.00 FORM #3 ' . CITY OF ASHLAND A request for a Purchase Order D� B 0. REQUISITION 7/> Date of request: , 8/ /2023 re \ Required date for delivery: Vendor Name ( Vitus Construction Inc. - Address,City,State,Zip PO Box 1097, Gold Hill,OR 97525 r. Contact Name&Telephone Number Corey Vitus 541-855-7177 corey ar7.vitusconstruction.com Email address SOURCING METHOD ', O Exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency O Reason for exemption: Date approved by Council:_ 0 Form#13,Written findings and Authorization ❑ 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# r' ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) .❑ 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 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ 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 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written 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 FY24 $ 5,000.00'• Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 $0 $0.00. $0 $0.00 • $0 $0.00 ❑ Per attached quote/proposal TOTAL COST Project Number: -_ _ Account Number: 088400-602400 $5,000.00 *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 a•:ove all'ardware and software purchases: IT Director Date Support-Yes/No By signing this requisi.#1 a -•.4 Ci,s'ublic cont:cting requirements have been satisfied. Employee: _AL—..._ Department Hea.,•�., ��� ©." . 2 r t ual to• greater than$5,000) Department Manager/Supervisor: City Manager: L (Greater than$35,000) • Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to or greater than$5,000) Date • Comments: . f _ Form#3-Requisition. • • GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) r • PROVIDER: Vitus Construction Inc. CITY OF PROVIDER'S ASH LAN D CONTACT: . Corey Vitus 20 East.Main Street Ashland,Oregon 97520 ADDRESS: PO Box 1097 .Telephone: 541/488-5587 Gold HiII,.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 FY24 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 "SUPPORTING DOCUMENTS"shallhereinafter 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 requiredin 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 not a "claims made" form, and shall: - . • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with'respect to claims arising out, of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • AppIy 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 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 Constriction Inc. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide 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 applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by,ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each - potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Provider is 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 performs 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. Any 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 7/3/2023 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 official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction 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 benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. J 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the • Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, • in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may-be dismissed or its venue transferred,as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, .employees,contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance 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 by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions,but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forthinthis Agreement. - 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. 4. SUPPORTING DOCUMENTS 41 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 July 3,2023. 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 any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below. (the "Effective Date"), and shall continue in full force and effect until June 30, 2024, 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 under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: Page 4 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. If to the City: 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 . Ashland, OR 97520 . • Phone: (541)488-5350 If to Provider: Vitus Construction Inc. . Attn: Corey Vitus PO Box 1097 Gold Hill, OR 97525 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 warrantsto the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: i (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): ' I By: By: — ____ • Signature . Printed Name Printed Name rets p,vr. g,42-0 • Title Title • g.'t.23 S_ 1 :2-3 . f. Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. • lId } ' 1 Page 6 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. Aiy CONSTRUCTION INC . July 3,2023 Cathy Crocker City of Ashland 90 North Mountain Avenue Ashland,Oregon 97520 Re: City of Ashland Rate Sheet Cathy, . I Please find attached the requested rate sheet for any"as needed"contracts between Vitus Construction and the City of Ashland for work to be performed after 7/1/2023. 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, 5 Corey E.Vitus President - t l . i} • . Stir P.O..Box 1097.• Gold Hill,OR 97525 Phone:541.855.7177 •Fax:541.855.7520 • E-mail: corey@vitusconstruction.com • CCB#63643 • 1 ir I�=�'air -. l1" �'`````'' CONSTRUCTION INC . SCHEDULE OF LABOR OR JOB RATES FOR WORK PERFORMED AFTER JULY 1,2023 Rates for"Non-Prevailing Wage"projects: Job Description Hourly Wage* Overtime Hourly Wage { Laborer $55.00 $80.00 Carpenter $65.00 $95.00 Superintendent $69.00 $101.00 _ f "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 . $95.00 $140.00 ! Carpenter $102.00 $150.50 Superintendent $103.00 $152.00 "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. � I P.O.Box 1097 • Gold Hill,OR 97525 Phone: 541:855.7177 •Fax:541.855.7520 • E-mail:corey@vitusconsfruction.com • CCB#63643 V DATE(MM/DD/YYYY) AC D® CERTIFICATE OF LIABILITY INSURANCE `----,- 8/1/2023 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 CERTIFICATEHOLDER. . 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). PRODUCERCONTACT Anchor Insurance and Surety, Inc PHONE Charris Sonne-Phinney FAX PO Box 2808 (A/C.No.Ext):503-224-2500 . (A/C,No):503-224-9830 Portland OR 97208-2808 E-MAIL certificates@anchorias.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:SAIF Corporation 36196 INSURED VITUCON-01 INSURER B:Indian Harbor Insurance Co. 36940 Vitus Construction Inc. • PO Box 1097 • INSURER C:Middlesex Insurance Company 23434 Gold Hill OR 97525 INSURERD: INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER:330087708 REVISION NUMBER: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C X COMMERCIAL GENERAL LIABILITY Y A0220510004. 6/18/2023 6/18/2024 EACH OCCURRENCE $1,000,000 DAMAGE RENTE CLAIMS-MADE r X OCCUR . - PREM SESO(Ea occur ence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jE LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y A0220510001 6/18/2023 6/18/2024 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) . $ • C X UMBRELLA LIAR X OCCUR Y A0220510005 6/18/2023 6/18/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ ._ - $ A WORKERS COMPENSATION 811648 10/1/2022 10/1/2023 X AND EMPLOYERS'LIABILITY Y/N STATUTE •ERH OR ANYPROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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- B Profession&Pollution Liability , PEC005004806 6/18/2023 6/18/2024 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:CG89051014; .CG20371219;CG20101219;CG24041219;CG20011219;CA89041014;CA76010615;CA04111013;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 E. Main St • Ashland OR 97520 • AUTHORIZED REPRESENTATIVE • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A0220510004 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART ' LIQUOR LIABILITY COVERAGE PART ' POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ' ' RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS , SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization to whom you are required to waive your right to recover by a-written contract or agreement executed prior to loss Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against, Others To Us of Section IV-Conditions: Wewaive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage • Part. Suchwaiver by us applies only to the extent that the insured has waived its right of.recovery . against such person(s)or organization(s)prior to loss. • This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. • • • CG 24 04 1219 • ©Insurance Services Office, Inc.,2018' . Pagel of 1 A0220510 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166 0 N 68ad2caa-795b-4fcc-9795-275fee80b9a8 COMMERCIAL GENERAL LIABILITY CG20011219 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the , agreement that this insurance would be contrary: • ' • primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This'insurance is primary to 'and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: • (1) The additional insured is a.Named Insured . ' under such other insurance; and • • CG 20 01 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1" A0220510 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166 0 N 4fe67d05-c6ce-41 lb-863e•a4ad908b53e5 ' • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL-INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR . ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to . B. With respect to the insurance afforded to these • include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage"occurring after: injurycaused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at •the location(s) ' location of the covered operations has been designated above. completed; or However 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. • insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 • A0220510 • 06/15/2023 Middlesex Insurance Company S 1 00001 0000000000 23166 0 N - d94a57e1-4760-4e39-8901-fd227061736b . • C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III-Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or • • • • • Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 A0220510 • 06/15/2023 Middlesex Insurance Company POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT-CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE , Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III-Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement,the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard".. 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. • CG 20 37 12 19 . ©Insurance Services Office, Inc.,2018 Page 1 of 1 A0220510 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166 0 N bObd2b3a-ae18-4d96-8e89-7346310239ac Sentry POLICY NUMBER: A0220510004 ADDITIONAL INSURED SUPPLEMENTAL DECLARATIONS The following persons or organizations are included as Additional Insureds; but only to the extent provided in the listed endorsement: - - Any person or organization you are required to add as an additional insured under a written contract or written agreement in effect prior to any loss or damage • The person or organization indicated above is included as an additional insured under thefollowing endorsement(s): CG 20 37 12 19 Additional Insured-Owners, Lessees.Or Contractors-Completed Operations - Location and Description of Completed Operations: Jobsites and Operations as described in written contracts with the named insured. Any person or organization you are required to add as an additionalinsured under a written contract or written agreement in effect prior to any loss or damage The person or organization indicated above is included as an additional insured under the following endorsement(s): - - CG 20 10 12 19 Additional Insured-Owners, Lessees Or Contractors-Scheduled Person Or Organization - Location of Covered Operations: • Jobsites as described in written contracts with the named insured. - Job Description: - All Operations with written contract with the named insured. IL 70 60 0815 Notice Of Cancellation To Others Number of Days Notice 30 CG 89 05 10 14 , Page 1 of 1 A0220510 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166 0 N b97490bd-52be-44e8-85c1-4abO5d96aa2f • POLICY NUMBER: A0220510001 Sentry® ADDITIONAL INTEREST SUPPLEMENTAL DECLARATIONS The following additional interests apply to this policy. • Any person or organization you are required to add as an, additional insured under a written contract or written agreement in effect prior to any loss or damage. ' PO Box 1097 . Gold Hill, OR 97525-1097 CA 76 01 0615 Designated Insured - Primary and Noncontributory - Covered Autos Liability Coverage Any person or organization from whom you are required to • waive your right to recover under a written contract or agreement in effect prior to any loss or damage. PO Box 1097 Gold Hill, OR 97525-1097 CA 04 44 10 13 Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) • • CA 89 04 10 14 • Page 1 of 1 A0220510 06/15/2023 Middlesex Insurance Company . 1 00001 0000000000 23166 0 N 036a9566-3bed-487e-6132-5454311M5741— POLICY NUMBER: COMMERCIAL/AUTO CA76010615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage. under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s)Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This ,insurance is primary to and will not seek • Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an "insured" to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) Paragraph A.1. of Section II -Covered Autos (1) The person or organization is a Named Insured Liability Coverage in the Business Auto and under such other insurance; and Motor Carrier Coverage Forms;or (2) Prior to the "accident" you have.agreed in (2) Paragraph D.2.of Section I - Covered Autos writing in a contract or agreement that this '' insurance would be primary and. would not Coverages of the Auto Dealers Coverage Form. seek contribution from any other insurance available to the person or organization. CA 76 01 0615 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0220510 with its permission. 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166.0 N c5565d63-c7b0-4230-b696-db7ecOb5ef83 y � POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. • Named Insured: Endorsement Effective Date: . SCHEDULE Name(s)Of Person(s)Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To 'Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract • with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 A0220510 06/15/2023 Middlesex Insurance Company 1 00001 0000000000 23166 0 N bet6c105-e45d-444d-8a41-6b5b2361617c • • www.saif.com ■ saif : . 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. Effective date: October'01, 2022 - This endorsement changes the'policy to which it is attached and is effective on the date issued unless otherwise stated. S • Countersigned September 22, 2022 at Salem, Oregon WC000313 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 PCt E430B