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HomeMy WebLinkAbout2019-305 PO 20200247- Brittania Enterprises Inc Purchase Order rirrA,ata a Fiscal Year 2020 Page: 1 of: 1 7 r—LASH' 3Vitri I ]9 ag'r B City of Ashland as��La9f� -� I SI++A T-t—RFT l�JLIL�gy _ _ ATIN: Accounts Payable Purchase L 20 E. Main 20200247 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H `'C/O Public Works Department E BRITTANIA ENTERPRISES INC I 51 Winburn Way N 5300 S PACIFIC HY p Ashland, OR 97520 0 HV VY OR 97535 Phone: 541/488-5347 R T Fax: 541/488-6006 _ i'1 1 J J3I -===- 1,1 -- .J( J E_�?I I1 e - slr a --- -r Paula Brown OLL+ 11/06/2019 3669 FOB ASHLAND OR/NE_ T30 Cit Accounts Pa able Chimney removal Pioneer Hall 1 Partial removal of chimney at Pioneer Hall 1 $7,708.4800 $7,708.48 Goods and Services Agreement(Less than $25,000) Completion date: 02/28/2020 Project Account: Ship.To: C/O Public Works-Operations 90 North Mountain Ave. Ashland, OR 97520 Phone: 541/488-5353 Fax: 541/552-2329 ***************GL SUMMARY*************** 082400-602400 $7 708.48 • • 5 - • By: tit/n/414-4A�� Date: ( J [ /( c's —: -- Authored Signature �� $7 708.48 i I-i 7. - 6 • -- , yae-e-- i , ' FORM #3 CITY OF A reoL��est fora Purchase Order ASHLAND REQUISITION '�' d Date of reque,st: 10/25%2019 Q q _ • Required date for delivery: , Vendor Name Brittania Enterprises, Inc. Address,City,State,Zip 85800 S Pacific Hwy.Phoenix,OR 97535 Contact Name&Telephone Number Andrew Edwards 541-261-2522 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _ Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) _(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 bid(s)or proposal(s) ❑ 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 ❑ 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 0 (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES 0 Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council:_ 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES ' Total Cost Partial removal of chimney at Pioneer Hall t_$A7708.--. ._____._ , _._..�_---__.t__..._._ Item# Quantity Unit Description of MATERIALS Unit Price Total Cost I=1 Per attached quote/proposal ' TOTALtirST' 082400 602400 1 �� - , Project Number _ _ Account Number - Account Number - Account Number - . *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: . IT Director Date Support-Yes/No By signing this requisition form,I certify the at thee City's public contracting requirements have been satisfied. Employee:\ CkAV 0�,�n('1 Q!L , Department Head: All,,,,/.r /AM/,Zcy/ (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: //�� (Equal to or greatethan$25,000) Funds appropriated for current fiscal year: (YESJ/ NO C t,( ( -p `I vv Deputyit nanceDirector-(Equaltoorgreaterthan$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT(LESS THAN$25,000) PROVIDER: Brittania Enterprises,Inc. CITY OF PROVIDER'S CONTACT: Andrew Edwards ASHLAND 20 East Main Street ADDRESS: 5800 S.Pacific Hwy. Ashland,Oregon 97520 Phoenix,Oregon 97535 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-261-2522 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Brittania Enterprises, Inc. (a domestic business corporation) ("hereinafter"Provider"), for partial removal of chimney at Pioneer Hall. 1. PROVIDER'S OBLIGATIONS 1.1 Provide partial removal of chimney at Pioneer Hall 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"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 fmal 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 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 addianal named insured as though a separate policy had been issued to each,provided)that,the pRlicy limits shall not be increased thereby; • Apply as primary coverage fof 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 �-- E-MAILED Be evidenced by a certificate or certificates`of such insurance approved by the City. /0/Z8/ 1 q Page 1of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. �5 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 $21,507.75 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$7,708.48 as provided herein as full compensation for the Work 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$7,708.48 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. 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. Page 2 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 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 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 forth in this 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 fmal 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. 4. SUPPORTING DOCUMENTS 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 Bid dated 10/21/2019. 5. REMEDIES Page 3 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 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 02/28/2020, 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: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Brittania Enterprises Inc. • Attn: Andrew Edwards Page 4 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 5800 S.Pacific Hwy. Phoenix, OR 97535 541-261-2522 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. 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. Page 5 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. c CITY OF ASHLAND: BRITTANIA ENTE'<' ► SES INC. I'RO I ER): By: By: ra'r ignature i_ a re .dr.G€.Q c---03-,2o:./)✓ Andrew Edwards Printed Name Printed Name Pw Owner/ President Title Title /M'#Y c1 October 28th 2019 Date Date is to be submitted with this signed Agreement) Purchase Order No. FA 4,7 Page 6 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 7 , • Brittania Enterprises,Inc. 5800 South Pacific Hwy Phoenix,OR 97535 • ph#541-261-2522 1 DATE Proposal# fax#541-535-1619 1 10/21/2019 527 NAME/ADDRESS Pioneer Ball Chimney PROJECT CCB#105483 DESCRIPTION QTY unit unit price TOTAL Bid for site work at:Pioneer Hall,Community center in Ashland,Or 97520.To 7,708.48 7,708.48 include:Mobilization and Demobilization,Roof Protection,Bracing for chimney, Demo top section of chimney,Mortar sides using existing rocks from removal. Bid does not include cost for Permits or fees. Bid does not include cost for Fencing or moving of fencing. Bid does not include cost for Patching or Paving. Bid does not include cost for Landscaping. Bid does not include cost for traffic control. TOTAL $7,708.48 1 A9RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `,..----- 06/05/2019 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 Larry Thompson / NAME: Brown&Brown Northwest la/CDNN.Exn: (541)772-1111 •{A Nett (541)772-3785 3256 Hillcrest Park Drive E-MAIL Ithompson@bbnwcom ADDRESS: . INSURER(S)AFFORDING COVERAGE NAiC 0 Medford OR 97504 INSURER A: Ohio Security Insurance Co 24082 INSUREDINSURER B. Ohio Casualty Insurance Co 24074. Brittania Enterprises IncINSURER C: SAIF Corporation, 36196 5800'S Pacific Hwy INSURER D: INSURER E: Phoenix OR 97535-9605 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1922581540 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 OFANY 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 AODL SUBR POLICY EFF POLICY EXP INSD NAM POLICY NUMBER (MMIDD/YY(Y) (MMIDDiYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED: 1 CLAIMS-MADE El OCCUR PREMISES(Ea ocitittence) S ,• , _ MED EXP(Any one person) $ 15,000 A _ BKS55473990 03/05/2019 03/05/2020 PERSONAL&ADV INJURY.. S 1,000,000 GEN'LAGGREGATEUMITAPPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY n PROJECT- LOC7 PRODUCTS-COMPIOPAGG S OTHER: Schedule Mod Factor 1 $ 2,000,000 AUTOMOBILEUABILITY COMBINED SINGLE LIMIT $ 1,000,000 _(Ei tc. ntl _ X ANYAUTO BODILYINJURY(Perperson) S A OWNED SCHEDULED BAS55473990 03/05/2019 03/05/2020 BODILYINJURY(Peraccident) S AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Peraccident) _ Uninsured motorist s 1,000,000 X UMBRELLA X OCCUR EACHOCCURRENCE��" S 1:000,000 B EXCESS UAB • CLAIMS-MADE USO55473e90 03/05/2019 03/05/2020 AGGREGATES 1,000,000' 1 DED I X RETENTION S 10,000 S WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.LEACHACCIDENT S 500,000 C OFFICER/MEMBER EXCLUDED? ri NIA 966409 07/01/2018 07/01/2019 (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under - 500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT - $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Re:Project No.2017-18,East&West Fork Ashland Greek Impoundsments Maintenance Dredging. General Liability policy includes additional Insured coverage on a"primary&noncontributory basis&wavier of subrogation per endorsement CG 88,10 04/13(attached),where required by written contract. This form Is subject to'policy terms conditions&exclusions. CERTIFICATE HOLDER CANCELLATION _ . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Ashland its officers,employees 8;agents ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St • AUTHORIZED REPRESENTATIVE ,( OR 9520 Ashland ` G,'�: 1 v a ©1988-2015 ACORD CORPORATION. A8 rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG.88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX - SUBJECT PAGE, • Q NON-OWNED AIRCRAFT 2 o NON-OWNED WATERCRAFT 2 f PROPERTY DAMAGE LIABILITY-ELEVATORS 2 - EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION • 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED.EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 • BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER.OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-- 8 WHEN REQUIRED IN.A:CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c. through n. do not apply todamage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6 under Section lil-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To.Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) .While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic :protection sys- tems; or b: Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a.,of Definitions is replaced with the following: F, l-- 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises i� that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION fi If Coverage C Medical Payments is not otherwise excluded, the'Medical Payments provided by this policy are amended as follows: Under Paragraph 1.Insuring Agreement of Section I-Coverage C-Medical Payments, Subparagraph (b) of Paragraph a.Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -.COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b.is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds: 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us In the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to Include as an insured any person or organization whom you have agreed to add as an additional insured in a written .contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability. for "bodily Injury", 'property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional Insured that are the subject of the written contract or written agreement provided that the "bodily injury" or"property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance, CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.;with its permission. Page 3 of 8 2. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I.-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs *prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage" or"personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. g This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personaland advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily Injury" or'property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has.been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its a intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations . by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown In the Declarations; s whichever 1s less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies 'to any person or organization who qualifies as:an additional insured under any form or endorsement under this policy: • Condition 4. Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed In a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. q 2013 Liberty'Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office;Inc.,with its permission. Page 5 of 8 1 , . advertising injury" arising out of their willful Conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or"personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will .qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or"property 'darriage" that occurred before you 3 acquired or formed the organization; and 'J c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. s d: Records and descriptions of operations must be maintained by the first Named Insured. g t— No person or organization is an insured with respect to the conduct of any current or past partnership, Joint § P venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV-Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in Itself constitute knowledge of the insured unless aninsured listed under Paragraph 1. of Section II -Who Is An Insuredor a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3.is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by :a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 7 of 8