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2023-142 PO 20240128- J&A Concrete Construction LLC
Purchase Order ♦ • • CI` RECORDER.___ MitFiscalYear 2024 Page: 1 of: 1 B City of Ashland L ATTN: Accounts Payable Purchase _ 20 E. Main Ashland, OR.97520 Order# 20240128 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E J&A CONCRETE CONSTRUCTION LLC i 51 Winburn Way N 7600 TRUAX RD. p Ashland, OR 97520 CENTRAL POINT, OR 97502 Phone: 541/488-5347 O R T Fax: 541/488-6006 �3Qr7�1Tt7Bi1 'Tsr.ti41�I__ I[�r1�� E1a .1� li,i=sa l= ��q�� - r,T �{ Scott Fleury • 610E=MP a— a Bryn a�-�—E-32A .._. ...-.- � �g LL v-E[ a' �": � I3 „ fi n 'Esc �e=_� e 8 a g� 6:3' 09/25/2023 8061 FOB ASHLAND OR/NET30 City Accounts Payable Walker Avenue Overlay 1 Walker Avenue Overlay 1.0 $64,012.00 $64;012.00 Goods and Services Agreement(Greater than $35,000) Completion date: 09/30/2023 Project Account: •E-202213-999 ***************GL SUMMARY*************** 081200-704200 $64,012.00/ J v B : �J<i` � Date: � (Z-1 17„,),5 • Authorized Signa ;�� �— ___—- $64,012.00 rfTd1R1Vi #3tW6-t7 . CITY OF 0 0t/ 2-e ASHLAND A request for a Purchase 0r0:7� v D REQUISITION i Date of request: 08122/2.023, Required date for delivery: Vendor Name J&A Concrete Construction LLC Address,City,State,Zip 7600 Truax Rd.Central Point,OR 97502 Contact Name&Telephone Number Abel Castaneda Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 (Attach copy of council communication) ❑ 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 bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council:_ Contract# _ _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ 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 ❑ (3)Written bids&solicitation attached ❑ 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 ❑ Special Procurement City Administrator.AMC 2.50.070(4) © (3)Written proposals&solicitation attached 0 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) i Date approved by Council:_ I Valid until:_ (Date) Description of SERVICES Walker Ave Overlay-Construction TOTAL COST $ 64,'012 00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost iii Per attached quote/proposal `TOTAL COST .; Project Number 2 0 2 2 1 3._ _ _ Account Number 0 8 1 2 0 0.7 0 4 2 0 0 • 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 that the City's public contracting requirements have been satisfied. Employee:&OD NOLO&_C i o f Department Head: .ba• •2 �` � r(/i R' ,.eater than$5,000) Department Manager/Supervisor: City Manager: 1 -/ r •/ ` .- • , (Greater than$35,0 0)Funds appropriated for current fiscal year: illt / NO VA Finance Director-(Equ. •rgreaterthan$5,000) Dat Comments: , Form tf3-Requisition Kariann Olson" From: Accounts Payable Sent: Monday,September 25,2023 2:56 PM To: Kariann Olson ' Subject: RE:W9 J&A Construction - It has been approved and released for you!Thanks Kari. Sarah Scott From: Kariann Olson<kari.olson@ashland.or.us> Sent: Monday,September 25,2023 11:00 AM ' To:Accounts Payable<payable@ashland.or.us>;Sarah Scott<sarah.scott@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: RE:W9 J&A Construction Hello Sarah, I know you entered this vendor, but I think it still needs to be approved. Please advise. Thank you. Kariann Kariann(Kari)Olson,Purchasing Specialist • or crk City of'Ashland Purchasing Office 90 North Mountain Avenue,Ashland,Oregon 97520 541.488.5354 I TTY 800.735.2900 S ' Kari.olson(@ashland.or.us This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at 541.488.5354.. , From:Accounts Payable<pavable@ashland.or.us>• - Sent:Thursday,September 21,2023 2:07 PM To: Kariann Olson<kari.olson@ashland.or.us>' Subject: FW:W9 J&A Construction - I'm going to do it right now Kari. • . Give me about ten minutes and it will be in there...but then I have to get approvals as well. So, I'll send you an email as soon as it is approved, if you need to wait for the approval.• . • 1 - Thank you! • —Sarah Scott From: Kariann Olson<kari.olson@ashland.or.us>. Sent:Thursday,September 21,2023 2:03 PM To:Accounts Payable<pavable@ashland.or.us>; Miranda Iwamoto'<miranda.iwamoto@ashland.or.us> Cc:Kariann Olson<kari.olson@ashland.or.us> Subject:W9 J&A Construction Hello, Vendor needs to be set up so I can issue a PO. Thank you. EY Kariann (Kari)Olson,Purchasing Specialist C aftCity of Ashland Purchasing Office 90 North Mountain Avenue,Ashland,Oregon 97520 541.488.5354 I TTY 800.7352900 - Kari.olson@ashland.or.us ' This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and • retention.If you have received this message in error,please contact me at 541.488.5354.. • 2 Memo TO: Joseph L. Lessard, City Manager FROM: Tami De Mille-Campos, Administrative Analyst DATE: 8/22/2023 RE: City Manager Signature Needed for J&A Concrete contract Background: The City of Ashland will be completing an asphalt overlay of Walker Avenue from E. Main Street to the railroad crossing. As part of this larger project the City of Ashland needs to upgrade the existing handicap accessible ramps along inside the limits of this work. The Work shall consist of supplying all labor, equipment, and materials necessary to install concrete curb and gutter, concrete sidewalk and handicap accessible ramps. Council Action: N/A Signatures Required: 1. Finance Director on Form 3 2. City Manager on Form 3 3. City Manager on page 6 of agreement Other Relevant Information: None Insurance waived or reduced?No Who to return to if different from sender? Are all other signatures required collected? Yes If no,please collect before sending them to the City Manager. Are all attachments listed included?Yes CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 ,� www.ashland.or.us TTY: 800-735-2900 GOODS AND SERVICES AGREEMENT(GREATER THAN $35,000) CONTRACTOR: J&A Concrete Construction LLC CITY OF CONTACT: Abel Castaneda ASHLAND 20 East Main Street ADDRESS: 7600 Truax Rd. Ashland, Oregon 97520 Central Point, OR 97502 Telephone: 541/488-5587 PHONE: 541-951-4009 Fax: 541/488-6006 EMAIL: jna.cast2003@gmail.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and J&A Concrete (a domestic business corporation) (hereinafter"Contractor"), for Walker Ave Overlay—Construction. 1. CONTRACTOR'S OBLIGATIONS 1.1 Provide Walker Ave Overlay — Construction as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Contractor 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 goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Contractor 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; and • Workers' Compensation. 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; • 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; • Contractor shall immediately notify the City of any change in insurance coverage. • Contractor shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC • • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Contractor 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. As evidence of the insurance required by this Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Contractor 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 Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor 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 Contractor 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 Contractors of the Contractor'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, Contractor 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. Contractor 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 Contractor the sum of$64,012.00 (sixty-four thousand and twelve dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of$64,012.00 without express,written approval from the City official whose signature appears below, or such official's successor in office. Contractor 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. Contractor further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Contractor'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 Contractor and is free to procure similar types of goods and services from other Contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. Page 2 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC 3.4 Contractor 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. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.8 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. 3.9 Contractor 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 Contractor or its officers, employees, contractors, or agents under this Agreement. 3.10 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. 3.11 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 Contractor and the City set forth in this Agreement. 3.12 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price,as negotiated.If Contractor 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). Page 3 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC 3.14 Contractor 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. Contractor shall transfer all warranties to the City. 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 City's written Invitation to Bid dated January 17,2023. • The Contractor's complete written Bid. 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 Contractor 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 Contractor 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 Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor 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 September 30,2023,unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Contractor 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. Page 4 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC 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: Karl Johnson 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, Oregon 97520 Phone: (541)488-5350 If to Contractor: J&A Concrete Construction LLC Attn: Abel Castaneda 7600 Truax Rd. Central Point, Oregon 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. CONTRACTOR'S COMPLIANCE WITH TAX LAWS 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor 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 Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Contractor, 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 Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 5 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC • 9.2 Contractor'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 Contractor'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. CITY OF ASHLAND: J&A CONCRETE CONSTRUCTION LLC (CONTRACTO.'):1 J By: By: di ' /1 J•s h I. Lessard, City Manager if . V Sig .dire 3ciepk 4- • L arCk Gregoria Cabrera Printed Name Printed Name 1 q a3 Owner • Date Title 08/17/2023 �j Date Purchase Order No. - ��`� (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Carmel Zahran Asst. City Attorney 8/8/2023 Page 6 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC • EXHIBIT A CITY OF ASHLAND', OR:EG' ON. City of Ashland LIVING ALE ern overs described VJAG E below must comply'with Cay of Ashland:Barrs regulating ng payment of a living wage_ '118.112 per hour efective June 30y 2023. The Living Wage is adjusted annually everjrrallt .. June 30 by the Consumer Price Index. Employees must be paid a portion ofthe Inrakessof of health care,retirement, 8i iry eo emproyer,if the 1:11 and IRS eligible employe:has tenor more caffeteria plans&idlidiingt employees,and has received childcare)benefits rts.to lie For.,t�haws� l under financial a ist rre iT the employee's awned d wales. serer contract betneern their praje�orleu ess from the employer arta the City of Cully of,�" ftllarnd lower fr tilde: For tfempor and Ashland ifthe canted $25,33515; rttme ys tf exceeds ,�a.,5 or uarnre_ thing 9e"ta a does not apply > I th&empfoyer is fire CrIty of the first ICC P hours worked Ashland,including the Park su r,►:,r erndar year_ Far For al haws worked in a and R tbnartment mn,a �'etar ,please see month,lithe eomp y,ee kited iichff icipaal ode spends50.111i imale the employee's time in that month r Iln D31°111'14the Imrg we erion 31 I employers may add the ulna marking on a project or For additional information: Call Call tine Ashland Orly to a s office at all-489-60M or mite to a Cuty Manager, City Fla,20 East Main Street Ashland,OR 97520,or vrusit e Ctlys Website at w eree_ashlanrd_or_1s_ Notice to Employers: This hake most Le posted ura areas where it can be seen lays Il emptoyees. CITY OF ASHLAND Page 7 of 6: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC • • CITY OF ASHLAND BID FORM Project No: 202243 Bid Title: WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Bidding Company Name: _1 Kr/ CeL Lc , ,sJLR CCB No 37 ti Bidder Address: -700 Aca Bidder Contact: zejk. Contact Telephone: k qGt - 1-/ey>1 Contact Email: rt.. .CoL,S .D6...50(3vtitta_11 •COLA& Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: 'Item Description- Qty. 'Unit Unit Cost Bid Amount do-2-- 1 MOBILIZATION 1 LS $ 2OO $ 2, 2 TEMPORARY WORK ZONE TRAFFIC CONTROL 1 LS $ -750---u75c)(2 3 EROSION&SEDIMENT CONTROL 1 LS $ 'OA CIC) ese> 4 SAWCUTTING 1IS . $ /AO $ 60C.r- 5 REMOVAL OF CONCRETE CURB&GUTTER 114 LF $ 6 $ 6442- 6 ,REMOVAL OF STANDARD CURB 139 LF $ u $ 3 7 REMOVAL OF CONCRETE WALK 1,182 SF $ "7 $ g74/ 8 CONCRETE CURBS,CURB&GUTTER 114 LF $ L/3 $ 9 CONCRETE CURBS,STANDARD CURB 139 LF $ /161)-( — $ 6 6 - • Do_ 10 CONCRETE WALKS 1,189 SF $ $ 11 EXTRA FOR NEW CURB RAMPS 4 EA $ /5peAl $ CO 12 TRUNCATED DOMES ON NEW SURFACES 40 SF $ 36'9 $ • TOTAL BID: $ 1 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents(Invitation to Bid,Instructions,General Conditions,Special Provisions,Contract Form,and Exhibits)to complete all Work as specified or WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 11 • • 4AtS,--Q----NCITY OF HLAND aye DEPARTMENT OF PUBLIC WORKS INVITATION TO BID WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No: 2022-13 ISSUE DATE: P11 1;11IZ?a BIDS DUE: 1 MW° Not later than 2:00 PM Late bids will not be considered REFER QUESTIONS TO: Karl Johnson Phone: 541-488-5587 Email: karl.iohnson@ashland.or.us SUBMIT BIDS BY MAIL TO: SUBMIT BIDS IN PERSON TO: 20 East Main St 51 Winburn Way Ashland, OR 97520 Ashland, OR 97520 SUBMIT BIDS BY EMAIL TO: karl.johnson@ashland.or.us PRE-BID CONFERENCE:There will be a non-mandatory pre-bid conference for this project on July 24, 2023 @ 10:00 a.m. and will be held at the project location, the intersection of Walker Ave & E. Main St. CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 OtiK. —'CITY OF HLAND �iGL j5a�m CONTENTS INVITATION TO BID 3 INSTRUCTION TO BIDDERS 4 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 4 2. BID DOCUMENTS 4 3. PREPERATION OF BIDS 4 4. BID PRICES 4 5. SPECIFIED PRODUCTS 5 6. SUBMISSION OF BIDS 5 7. ACCEPTANCE OR REJECTION OF PROPOSALS 6 8. AWARD AND CONTRACT 6 GENERAL CONDITIONS 7 1. DEFINITIONS 7 2. BUSINESS LICENSE REQUIRED 7 3. CONTRACTOR PRE-QUALIFICATION REQUIRED 7 4. CONTRACTOR'S INSURANCE AND INDEMNITY 7 Primary Coverage 8 Indemnification 8 5. HOURS OF LABOR 8 6. PREVAILING WAGE 8 PROJECT SUMMARY 9 1. BACKGROUND 9 2. SCOPE OF WORK 9 3. STANDARDS 9 4. CONTRACT TERMS 10 5. SUBMITTALS 10 6. MEASUREMENT AND PAYMENT 10 7. PRE-BID MEETING 10 BID FORM 11 EXAMPLE CONTRACT FORM 13 PROJECT PLANS 21 WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 2 • CITY OF HLAND INVITATION TO BID WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Notice is hereby given that bids for Project Number 2022-13: WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT,shall be received by Karl Johnson, 20 E Main (by mail)/51 Winburn Way(in person),Ashland, OR 97520. All bids must be submitted not later than 2:00 PM, Pacific Time, on JULY 27,2023. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building,visible from the public lobby, or the time shown as "received"on any email bid. If a physical bid is submitted,the outside of the sealed envelope must be clearly marked with the bidder's name, address, bid name and number,and the due date. Bidder must submit one original bid. Please retain a copy for your records. The Work shall consist of supplying all labor, equipment,and materials necessary to remove asphalt,concrete curb and gutter and concrete sidewalk and install concrete curb and gutter,concrete sidewalk and handicap accessible ramps. Location of work at or near the intersection of Walker Avenue and E. Main Street. Work is scheduled to begin no earlier than August 1,2023,and must conclude not later than August 29,2023. There will a non-mandatory pre-bid conference for this project on January 24, 2023 @ 10:00 a.m. and will be held at the project location at the intersection of Walker Avenue and E. Main Street. City of Ashland reserves the right to reject for good cause any and all bids,waive formalities or to accept any bid which appears to serve the best interest of the City. Scott A. Fleury Public Works Director Date: July 17, 2023 WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 3 • 4 ��- C I T Y OF HLAND �rii7�S�dva. INSTRUCTION TO BIDDERS 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 1.1. Examination of Site and Requirements: Bidder acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work,that it has carefully examined the Bid Documents and the Project Sites, and that it has investigated and satisfied itself as to the general and local conditions, and with all applicable Federal,State,County,and City of Ashland laws,ordinances, rules, and regulations that may in any manner affect the performance of the Work or its cost. 1.2. Pre-Bid Meeting:There will be a non-mandatory pre-bid meeting for this project on July 24,2023 @ 10:00 a.m.and will be held at the project location at the intersection of Walker Avenue and E. Main Street. 1.3. Surface and Subsurface Conditions: Bidder acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Project Site, including all exploratory work done by Agency,as well as from the drawings and specifications made a part of the Bid Documents. 2. BID DOCUMENTS Prospective bidders have been provided this full Invitation to Bid. The Invitation to Bid itself will not be posted on any specific websites. 3. PREPERATION OF BIDS 3.1. Complete Bid Form: Bidders must submit bids on the Bid Form provided by the City. The name, address, Oregon State Contractor's registration number of Bidder,and other information required shall be typed or printed in ink on the Bid Form in the spaces provided. The Bidder's business name must match the name on the bid guaranty. 3.2. Fill in Blanks:All blank spaces on the Bid From must be filled in by the Bidder. Bidder must submit a bid amount for all Alternates,Additives, Deductives, unit prices and other prices indicated on the Bid Form. When bidding on items for which there is no charge, Bidder shall write the words"No Charge," "zero," or"0.00" in the space provided on the Bid Form. If a Bidder fails to submit a bid price for any item, notes"no bid"or similar language for any item or does not fill in all blank spaces on the Bid Form,the bid may be rejected as non-responsive. 3.3. SIGN BID FORM:The Bidder shall manually sign the Bid Form in ink by an authorized representative of the Bidder. 3.4. ACKNOWLDEGE ADDENDA: Bidders shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form. 4. BID PRICES 4.1. ESTIMATED QUANTITIES:Any quantities on the Bid Form are estimates and are stated for bid comparison purposes.The Agency will pay the Contractor based on actual quantities of each item of Work completed in accordance with the Contract Documents. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 4 CITY OF • HLAND 4.2. FILING FEES:Applicable state laws concerning prevailing wages, hour,workers compensation of and other conditions of employment are called to the attention of Bidders for their compliance. Bidder shall include in the bid any filing fees required to comply with applicable labor laws. 4.3. BID ALLOWANCES: Bidder shall include in the bid all allowances provided on the Bid Form or elsewhere in the Bid Documents. Agency will pay the difference if the actual cost exceeds the allowance. 4.4. INSURANCE AND BONDS: Bidder shall include in its bid the cost of all insurance and bond costs required by the Contract Documents to complete the base bid Work and all additives and alternates. 5. SPECIFIED PRODUCTS 5.1. BID PRODUCTS IDENTIFIED: Bids must be based upon use of items named in the specifications,or approved equals or substitutions. Requests for approval of equals or substitutions must be made in writing and received by Owner at least 10 days prior to the bid submission deadline. 6. SUBMISSION OF BIDS 6.1. BID SUBMITTAL DEADLINE: Bidders must submit their bids on the Bid Form included with the Bid Documents prior to the deadline established in the Request for Bids. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building,visible from the public lobby. Bids received prior to the deadline will be publicly opened and read aloud shortly after the deadline. 6.2. SEALED BID ENVELOPE: Bids and bid modifications may be submitted in sealed envelopes or packages (1) addressed to the office specified in the Request for Bids and (2)showing the name of the Project, bid opening date and time,and the name and address of Bidder. 6.3. EMAIL BID: Bids and bid modifications may be submitted by email but the provided Bid Form must be filled out in full,scanned and retuned as an attachment by the bid closing time. 6.4. PROHIBITED FORMS OF BID: Receipt of bids and bid modifications by any,facsimile,telephone, other electronic means,or orally will not be considered. 6.5. WITHDRAWL OF BID:Any bid may be withdrawn at any time prior to the bid submittal deadline by providing written request to the Project Manager established on the cover page of the Invitation to Bid. The Bidder or a duly authorized representative must execute the request. Withdrawal of a bid will not prejudice the right of the bidder to file a new bid. All bids shall be irrevocable for 30 calendar days from the day of opening. 6.6. MODIFICATION OF BID:After a Bidder has withdrawn its bid as established in the paragraph above, a Bidder may revise its bid if the Agency receives the revised bid on the required Bid Form prior to the bid submission deadline in a properly marked and sealed envelope. 6.7. CLARIFICATION/PROTEST:Any Bidder requiring clarification or protesting any of the Specifications must provide specific requests in writing to the Project Manager established on the cover page of this ITB no less than 10 calendar days prior to the bid submittal deadline. Such requests, if deemed appropriate, will be answered in the form of bulletins or addenda which, if issued,will be provided to all known bidders via email or will be posted to the website(s) hosting the ITB. 6.8. ADDENDA:The Project Manager shall issue addendum no later than 2 calendar days prior to the bid submittal deadline. Any addenda so issued will become a part of the agreement. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 5 CITY OF HLAND 6.9. TABULATION OF BIDS: Bidders may request a Tabulation of Bid Results. 7. ACCEPTANCE OR REJECTION OF PROPOSALS 7.1. REJECTION/ACCEPTANCE:The City reserves the right to waive technical defects, discrepancies and minor irregularities,or not to award a contract when it finds such action to be in the public interest. Bids may be rejected if they show any alteration of form, additions not called for,conditional bids, incomplete bids, erasures,or irregularities of any kind. 7.2. PUBLIC INTEREST:The City reserves the right to reject any bid not in compliance with the bid documents, or all prescribed public bidding procedures and requirements,and the right to reject any or all bids when it is in the public interest to do so per ORS 279B.100(1).Written notice of rejection of all bids shall be sent to all bidders. 7.3. COLLUSION: Upon evidence that collusion exists among bidders, none of the bids of participants in such collusion will be considered.All involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 8. AWARD AND CONTRACT 8.1. CONTRACT AWARD:Award will be made to the lowest bidder who is determined to be responsive and responsible.The award will be made on an all-or-none basis, by category or by individual item as in the best interest of the City.The delivery or furnishing of any of the bid items cannot commence until a contract is properly executed. 8.2. AWARD OF ADDITIVES,ALTERNATES, and DEDUCTIVES:The low bid shall be determined by the sum of the Base Bid, plus any combination of Additives,Alternatives,and/or Deductives the City decides, in its sole discretion,to include in the contract award. 8.3. CANCELLATION OF AWARD:The City reserves the right to cancel award of the contract at any time before execution of the contract(s) by both parties if cancellation is deemed to be the City's best interest. In no event shall the City have any liability for the cancellation of award.The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its bid. 8.4. CONTRACT EXTENSION: In the event more than thirty(30)calendar days lapse between the bid opening date and the date the contract is submitted to the bidder,the City may grant an extension of time to the bidder for fulfillment of the contract to offset any delay in the contract actually occasioned by the delay. 8.5. PROTEST OF AWARD:All protests must be in writing and physically received by the Project Manager no later than 4:00 P.M. on the third (3rd)working day after the postmarked notice of intent to award or disqualification. Proposers may protest only deviations from laws, rules, regulations,or procedures. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. Protests not filed within the time specified or which fail to cite the specific law, rule, regulation,or procedure upon which the protest is based shall be dismissed. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 6 --1CITV OF H LAND General Conditions 1. Definitions Agency:City of Ashland Contract: The written agreement between the City of Ashland and the Contractor, including without limitation all Contract Documents, describing the Work to be completed and defining the rights and obligations of the City of Ashland and the Contractor. Equipment: All machinery,tools, manufactured products, and fabricated items needed to complete the Contract of specified for incorporation into the Work. Project: The sum of all Work to be performed under the Contract. Project Manager: The City of Ashland's representative who directly supervises the engineering and administration of a Contract. Project Site: The geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas. Work: The furnishing of all Materials, Equipment, labor, and incidentals necessary to successfully complete any individual Pay Item or the entire Contract,and the discharge of duties and obligations imposed by the Contract. 2. Business License Required The successful Bidder shall, prior to starting Work,obtain a City of Ashland Business License. Subcontractors on the Project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. 3. Contractor Pre-Qualification Required The successful Bidder shall, prior to starting Work, must have an approved pre-qualification on file. Subcontractors on the Project shall also be required to have an approved pre-qualification. Pre-qualification paperwork may be acquired through the City of Ashland Public Works office during regular business hours. 4. Contractor's Insurance and Indemnity Contractor shall, at its own expense, at all times during the term of this agreement maintain in force: Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers General Liability insurance with a combined single limit, or the equivalent, of not less than P210001000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than 5.2,00:0,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles,as applicable. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 7 OF ASHLAND �rr�,L jcgrru�s. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurer(s)to the City. The City of Ashland, its officers,employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any Work under this agreement.These certificates shall contain provision that coverage afforded under the policies cannot be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. Insuring companies or entities are subject to the City's acceptance. If requested,complete copies of insurance policies,trust agreements, etc.shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions and/or self-insurance. Primary Coverage Insurance carried by Contractor under this Contract shall be the primary coverage, and the City's insurance is excess and solely for damages or losses for which the City is responsible. Indemnification Contractor agrees to defend, indemnify and save City, its officers,employees and agents harmless from any and all losses, claims,actions, costs, expenses,judgments,subrogations, or other damages resulting from injury to any person (including injury resulting in death)or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees,agents,and others designated by Contractor to perform Work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses,claims, subrogations,actions, costs,judgments,or other damages,directly,solely,and approximately caused by the negligence of City. 5. Hours of Labor The Contractor shall notify the City of Ashland and obtain their approval at least 48 hours prior to undertaking any Work outside of normal working hours. Normal working hours for City staff are 7:00 AM to 4:00 PM, Monday through Friday,excluding holidays. 6. Prevailing Wage The Contractor agrees to comply with the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage law for proposed bid prices that exceed $50,000. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the Project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference, and can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 8 *s.--< ,--•,CITY OF • HLAND PROJECT SUMMARY WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT 1. Background The City of Ashland will be completing an asphalt overlay of Walker Avenue from E. Main Street to the railroad crossing north of Iowa Street. As part of this larger project the City of Ashland needs to upgrade the existing handicap accessible ramps along inside the limits of this work. 2. Scope of Work The Contractor to whom the Project is awarded shall provide material,tools, equipment,and labor to complete the Project according to all requirements specified in this Contract and shown in the attached project plans. Specific tasks for the project include: A. Mobilization B. Temporary Work Zone Traffic Control. This shall include,at a minimum,a setup compliant with the Oregon Temporary Traffic Control Handbook. Acceptable traffic control for vehicles, bicycles and pedestrians is expected. C. Erosion &Sediment Control D. Sawcut existing asphalt E. Removal &disposal of existing asphalt F. Removal &disposal of existing sidewalk G. Removal &disposal of existing curb and gutter H. Placement of Concrete Curb&Gutter, Concrete Sidewalk&Concrete Accessible Ramps. Furnish all materials to prepare and install miscellaneous concrete structures per current ODOT Standard Drawings (Effective Date: December 1, 2022—May 31,2023). This shall include at a minimum: a. Supply and grade necessary aggregate base rock b. Forms c. Concrete d. ADA compliant Truncated Domes e. Labor The City of Ashland Street Department will complete the following: A. Replace existing asphalt B. Replace miscellaneous striping Polaris Land Surveying, LLC will complete the following: A. Provide construction staking Coordination with the Polaris Land Surveying, LLC will be of the upmost importance on this project. The Contractor shall contact Shawn Kampmann,at least 7 days prior to work beginning to request construction staking. A contact phone number for Shawn is (541)482-5009. 3. Standards This project shall conform with the 2021 Oregon Standard Specifications for Construction WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 9 CITY OF ASHLAND 4. Contract Terms All work must start no earlier than August 1,2023,and must be completed in full not later than August 29,2023. 5. Submittals A. Submit Project Schedule for City review and approval within 5 days of Notice to Proceed. 6. Measurement and Payment Quantities of work performed under this contract will be measured according to the bid form attached. 7. Pre-Bid Meeting There will non-mandatory pre-bid conference for this project on July 24,2023 @ 10:00 a.m. and will be held at the project location,the intersection of Walker Avenue&E Main. WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 10 • CITY OF ASHLAND BID FORM Project No: 2022-13 Bid Title: WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Bidding Company Name: OR. CCB No. Bidder Address: Bidder Contact: Contact Telephone: Contact Email: Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: Item Description Qty. Unit Unit Cost Bid Amount 1 MOBILIZATION 1 LS $ $ 2 TEMPORARY WORK ZONE TRAFFIC CONTROL 1 LS $ $ 3 EROSION &SEDIMENT CONTROL 1 LS $ $ 4 SAWCUTTING 1 LS $ $ 5 REMOVAL OF CONCRETE CURB &GUTTER 114 LF $ $ 6 REMOVAL OF STANDARD CURB 139 LF $ $ 7 REMOVAL OF CONCRETE WALK 1,182 SF $ $ 8 CONCRETE CURBS,CURB&GUTTER 114 LF $ $ 9 CONCRETE CURBS,STANDARD CURB 139 LF $ $ 10 CONCRETE WALKS 1,189 SF $ $ 11 EXTRA FOR NEW CURB RAMPS 4 EA $ $ 12 TRUNCATED DOMES ON NEW SURFACES 40 SF $ $ TOTAL BID: $ 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents (Invitation to Bid, Instructions, General Conditions,Special Provisions, Contract Form,and Exhibits)to complete all Work as specified or WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 11 CITY OF ASHLAND indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Biddelr understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, Equipment,and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time, materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: Name(Printed): Title: Date: 111!EIAfSEIRE'TiQJRNiTiHISIGONIP.LEiliED)F.O:RMIROMRLNJOHNSO'.NIBEEMEMOAP 1KINIJAM1-20#2028 WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 12 CITY OF ASHLAND EXAMPLE CONTRACT FORM WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 13 CITY OF • ASH GOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) PROVIDER: CITY OF ASHLAND PROVIDER'S CONTACT: 20 East Main Street Ashland,Oregon 97520 ADDRESS: Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and )IV.,' ' ' .c, 2WROZ5 , a chaos ie/gore bus'nes,2 or ,*(u)(hereinafter"Provider"),for NgSY WcieserlittE dr toads eat e 1. PROVIDER'S OBLIGATIONS 1.1 Provide �, .- detail ed d"sex'otdon o os as serape; 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 goods and 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 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; and • Workers' Compensation. 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; • 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 as additional insureds by the Effective Date of this Agreement; and Page 1 of 7: Goods and Services Agreement between the City of Ashland and nom CITY OF ASHLAND • Be evidenced by a certificate or certificates of such insurance approved by the City. 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. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 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 $25,335.05 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of sm,mambo- Nkokley Lag Ce Q o RM.ato oar t as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all com.ensation and reimbursement under this Agreement exceed the sum of$k=a3 ((a mdfigm, rte.-c-3d a _o dada; ' :ree e ti; 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 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 Page 2 of 7: Goods and Services Agreement between the City of Ashland and ZIT, 6a CITY OF ASHLAND 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. 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.8 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. 3.9 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. 3.10 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. 3.11 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. 3.12 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. 3.13 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). 3.14 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 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:" Page 3 of 7: Goods and Services Agreement between the City of Ashland and>� CITY OF ASHLAND • The City's written 2F quest ftir°ro0osat lfivifiat 02Pilika,eft dated TOM. • The Provider's complete written < .dated?'3 azzys. 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 Kanum. , 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—pxoycvm Department Attn: tOs.w>. > n 20 E.Main Street Ashland,Oregon 97520 Page 4 of 7: Goods and Services Agreement between the City of Ashland and 0+2"00 CITY OF ASHLAND Phone: (541)488 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,Oregon 97520 Phone: (541)488-5350 If to Provider: ° n, o' a Attn: a'. 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 7: Goods and Services Agreement between the City of Ashland and , =„` CITY OF ASHLAND CITY OF ASHLAND: > '.' +n «� '4 ++i (PROVIDER): By: By: Joseph L.Lessard,City Manager Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Date Page 6 of 7: Goods and Services Agreement between the City of Ashland and= O CITY OF ASHLAND EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers des€abed WAG E below must ozympily wall City of Ashland laws iregidati! g payment of a[Tying wage. I18.112 per howl effective June 300 2023.° The•Living Wage is adjusted annually eves June, 0 by the Consumer Price Index EmIployeesmust be paid a portion ofthe business of crfhealth care,retirement Living : ttheirempl er,if the 401K,and IRS&Ale NAmige enlarge has len or m'me. cafeteria planar (inducing emplayees,and has received chNone)bane%to the �e i haws worked cruder &acid i�niefar the employee's amount ;wages.. service contract Eetri their project or business am the la r and the tidy*of of&Nand war p Note: For temporary and emp ' " the Ashland offhe�amtrect $25.3,15.111t pant meenm I , Ening Wagedoes not applyB eds ,3 5_tl CT m+unre Idle&empr r is the City of ra,the first 11INCII hours walked Ashland, he rs v laedl ier a ire a iag;fire Pam irr any callerodar year_ For For allmoth,if the ermpl4my�eeR1in'n Department momdear► ,please spends 5Ct or more of the llamrd Isiaan6 l n, employee's time in that month ' Ilrr calctiatrig the Erin stn 36.1 a.Q 1_ va agi on aejector employers may add the lyre For additional] information: ca the Ashli City tilanagefsoFfceOtt51:91-4S: .0tI2 or mite trilfire City Manager, CST HID,20East Maf5r Skeet ,shland,OR 97520,Orvisit the airs iitebslrt at www_asI lartd_or_lrs_ Notice to Employers: This notice must be positLL F;in areas where it win be seen lorry al employees_ CITY OF ASHLAND Page 7 of 7: Goods and Services Agreement between the City of Ashland and '` , ', t CITY OF ASHLAND PROJECT PLANS WALKER AVENUE ACCESSIBLE RAMP REPLACEMENT Project No.2022-13 Page 21 t. �t 11` CIVIL CONSTRUCTION DRAWINGS c ` GENERAL NOTES _ r"EOJELT•`^�"''m"'�, aoweLL .....w....,..=..,.cro.,.°..,�.>nc... ,.,n,.,,a,..,.o„ctow,. FOR ',`` .'� I r -• - 'I ? —' �o sui�InA. 6.Au...` � 1,�...,..�.�,�.�.ro..o. p....m.� CITY OF ASHLAND PUBLIC WORKS 'C 0 ` :l ca •1 I ,-T' .' • ""'°"m°"°`°�"" °°° n .n.r.:=2,,nr.a, LOCATED AT: }'ll _.-.........- ' "•�'°"`�""°`""" ,.amEAST MAIN STREET WALKER AVENUE _ , _. ` ,. .c.o ma.....a...eo..w.w JACKSON COUNTY,OREGON I i „89 ir• - CIOLIIIES PI T.MR 21[0.MUMMY OR 011i.880 IAN/ LL▪a ,.. . ..,. vm.,m .c..,. ..r.'..".na. .- VICINITY MAP .w.......ar. ..c.nn..L..°..,..uLr..c.n„succm....n,..u.n..m4.a,n....w =:: —_. __._ ro .....e..a.,wc..,a .m. ,,..,»Er,°n..�w....,�.,..,,c...,....m..�.r,. I..�r............ e<..:... d' wuw scuES _ _ ..n,n.cr...m.. 81,=81 EAST MAIN ST. 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I EXPIRES: 12/31/241 .lcv...'wmr F H I G1.0 L. §I I ni L� - i m €ggi I Is@ I ' � 6 o ee ea O �p !7P I E 111110141 I 13 I D WALKER AVE 1 i > - r Ea j ,F� 1 I jp E§ wAl Z wq, vi E '2 L1 1 . } I I ; 1 € 1 i ' i 1 I t k d 9 , ,-?, - i / 1 ! 2 _ . 1 SY i eE 11 a /�.- ,\ C ti. i' \ Ir ;7�,rI�v; Y1 [444YS�.... O p m tot r §I WALKER AVE • X O h _ 2 Yg g fa o r hal5 I h g II g e a€— . ate _ CITY OF ASHLAND PUBLIC WORKS I. I ; o 7— g q( Pa' — - ADA CURB RAMP IMPROVEMENTS li 1!� 1J+7 Qp �q,m i.�' e t EAST MAIN STREET AND WALKER AVENUE �I;�°I I j$1; .f- s� ! CONCRETE NOTES `__ Tf—.—+ --.__ ��-1..%,..1--..=:.....--1—...`1,--1 — .,.,,w1,«d„ww,0.4�0.6,..w,A03, N^� KA 600001 s dam' "J— Ir uuo„vua - n wruw eo rwux. ssw .rw,swv..0 POWELL . .m7.nma.tn1_.wwtar WPM n.n ..610111•10./ --1419I ® ° u.MO .w ,oaw.u,..11001 L,.o,n..n,on, 1.1•0110.1.1114.10110•03/11.01111019001111011•100410.0.10 MM..010.610.101.10.0.011.04(10001.1.1.0 MOO. 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' vwuW„, a - • 5''” ' f1 c V 1 $ ,�cc �mw�mn, _ _ J :w , • iteeSiani ''''''''.... S... Pcar ( a, f-- -•1-: ' i :“..';a%------- . ' �: EROSION CONTROL NOTES O aQ uln rt� e i a/OM RI mzmi �'u(ac ° Li `, QN ' W ( Q 1 I Iii ami gewie MGM Qi I S .,. , N O., d c c o; 1 I v ORE ON . 1'i oa° 13 2�� 4 oaaa.anala Am. CURB RAMP GRADING-E.MAIN AND WALKER I EXPIRES• 12/31/241 =a we: uraval \ h -_,_/f EROSION CONTROL NOTES — -.I / d/�, i POWELL L ' moon nw.umEwa,aa..s''''''un :".?,Z7;',,'„iilp•. . 03301E1. nwoiu ^� �• , a`r:`..w���` r...w.a..u...a....e...,a.. I IE I i • �Es `. d _ ....."----- CO re r �.., ,4 3 • ''" �> ®.., ; za 11 i ti K m w Y } i p W i 8-4 1 p ,• Q h7 15' '- !I ,,..1:5.= ,,..1:5. € ilcn .,3 15 . . 'Ir'' 15 LL a l . f j CIE?a j....i 1.I I d 1 f.s, s .. / ... 91-.1:t i P O,Q' 13 fv 1 D. POI � N. I CURB RAMP GRADING-WALKER MID-BLOCK CROSSING I EXPIRES:12/31/241 w.s Eire m o C4.1 'TT:V. .. '1 ..:-.:- ' ..__ __=,,r__..,,,,„.2smcd_....,,,,......-• al- 4. 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' GENERAL NOTES p or,o� IA -`v x1'1 11 1! 311N3A11 HMI1VM CINV 133211S NIVW 15113 —WI 1 d ''��� =5 11e� S1N3W3AOHdW1dW11H BHOO 11011 - — EC C U Qmc g kI•i9 —1e . - j '3 e3.I ¢ ' SN21OM 0118fld UNV,HSV AO AJ.IJ — - — la] pi gill! e ii( �� 9 ( i i Il II 1, Iii jj ti{(�1it!s �� 1'4II1l 111D I` it!hflIIIll 1 till 1 Ii 1 1' rip:{1l1� 1 a11!N 11 ;i{g r i t 61}I1i*.iiii111'11 '• 110 i a{ g 1 - b 1 aal: 11 , i 8 _ i 1t 1t1•l l ! lj: I 1 ilE tie : 1 1'1 ! 'i � s l i tt l i i; ii!s i1l � ! II i{1Ili d! - o e. 1a7 aaa r1' ! t E . r Ii. 1i• pi 1i . 1' 1 ! l6 ! Ia l it9+ 16(1!!11(I 11'!1 ' � i ! 1!1 ""-1 + ,. (i,ats 61 l'1;.a1 t 1sa ! ae I t1 !a + z I I ll Wi{t!!0011111' tit 1!jir( t a i+(fl s illl{11ii'i i. i i 61111 iiiI1'it iiGj ii ii 111'o t iltlf01 1d a 1(11 14 01,1 Ili tp ll !E 1 1 � d111 E ! ! E ihiiiW1'(:I 1111 111111 ill! ! 11 aa1'. !! Fli�. •11; n$ ooe ;-11 1 g1' i ' ( kik r. •t a :1] 8 YS 1 11 E9 ' ;' i 1111 3 N ii 1'I! NO y4 . 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Vii{' T, ti{I i 1 all1''tial ��l i +t ill �1 gg �!�' it, s Iii 19 -aEr 1 , ii 1'1 '/,'{dl 1l't1'' 'ilii 1 Lala 1 E r i!l E I 1 t iii 1.a I I ; 1 11Nei t 111' ';ill �o€ I 1\,/�a I�t ',! i1(t61 6 ! �i t1 's�� � ' y i r 111111111 ! .e 1 a' I I I 1 ill r1 I! 1 ..k.., .�/ i! 0 it111{�if1! {!ill 11! {It !t 'jIt1',(t]a ! t a �.,'°appt al1' L °1 l' 1! t s !•'s 1'1 S I , {1'{,a 1 � { I iiia a 1 t '6 `u0,Am-i'+Ii 11' i !a1t!.ait1 1 1,u.1 a 1 i 1111141 .11 I 1 ', P• 19 , s i ' i' a l;1 5 ! i _ 1 i Eli lli'iii e 11-1 1 1' ii _r I r l jl r 1' i I till at I it 1 1 j i i i I I. t 11¢aiw Sia IT iii iste s! 9I�t I i ,'":.x� '!! 1 MI 1349i 9 l 1- ;: .1 Si a t II ! ► ! 1 '1'l ti l�'� i i I t 10 ', lsa', I •I t i ail!I !I P. it i i 1 11,J 1 1 1p1 • r i 1Iaa Qa a I . c (1' , ;I ; i rM111'. �1 y a i i I i ill\ 11 s ,Bili its,Ai i.! imi, 1 > �l a r dk i Si II . • ....�._..._ ' :.......e.,......— r -. b1 1 o—�r_.....arr.+�r_ }'.���`�.., a._._. ....................... ._..—_r POWELL f dr' ®Ti f KS 1 �_ __ -_r.r_ I \ +� �1��r � A fir. con 1 n0 ,401:4 Wes6 09,41 '`mow '=.41=====........................ e ,. —...1= -_ zAtivr .- en mosonsmano mama ,�_1 i ....tm...ue _..._.1115 r _ a o.�...... O A __ a 3 g .. z 2 rom.Mvr.-iRuo° vwu¢ 0.1110.. wamula ra" i --' m — )°,t' Q m E !Retry. C2022-61,11.20,11 _ .. J w S a a a3 a A O Eo Q 1 g !a@a N ay o Q u. LL o! i g U 1 I gd A f g GENERAL NOTES • CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance pursuant to ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR (Initials) • Contractor is a sole proprietor,and • Contractor has no employees,and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION—FOR PROFIT (Initials) • Contractor's business is incorporated;and • All employees of the corporation are officers and directors and have a substantial ownership interest*in the corporation,and • All work will be performed by the officers and directors;Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION-NONPROFIT (Initials) • Contractor's business is incorporated as a nonprofit corporation,and • Contractor has no employees;all work is performed by volunteers,and • Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP (Initials) • Contractor is a partnership,and • Contractor has no employees,and • All work will be performed by the partners;Contractor will not hire employees or subcontractors to perform this contract,and • Contractor is not engaged in work performed in direct connection with the construction,alteration,repair, improvement,moving or demolition of an improvement to real property or appurtenances thereto.** GCR LIMITED LIABILITY COMPANY (Initials) • Contractor is a limited liability company,and • Contractor has no employees,and • All work will be performed by the members;Contractor will not hire employees or subcontractors to perform this contract,and • If Contractor has more than one member,Contractor is not engaged in work performed in direct connection with the coon,alteration, te ati n,repair , improvement,moving or demolition of an improvement to real property or s f, . 08/25/2023 (Signature of Authorized Signer) (Date) Owner (Authorized Signer's Title) *NOTE: Under OAR436-50-050 a shareholder has a"substantial ownership"interest if the shareholder owns 10%of the corporation,or if less than 10%is owned,the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. ACQRO® DATE(MM/DD/YYYY) L../ CERTIFICATE OF LIABILITY INSURANCE 08/25/2023 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 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 NAME:Progressive Commercial Lines Customer and Agent Servicing World of Insurance LLC PHONE FAX 1091 MEDFORD CENTER,MEDFORD,OR 97504 (A/C,No,Ext):1-800-444-4487 (A/C.No): E-MAIL ADDRESS:progressivecommercial@email.progressive.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Artisan and Truckers Casualty Company 10194 INSURED INSURER B: ABEL CASTANEDA DBA:J&A CONCRETE CONSTRUCTION LLC 7600 TRUAX RD INSURER C: CENTRAL POINT,OR 97502-0000 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1251619223909195420082523T234632 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE I I OCCUR PREMISES(Ea RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ ���((( PRO" PRODUCTS-COMP/OPAGG $ 1 POLICY JECT LOC (OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO _ BODILY INJURY(Per person) $50,000 A AUTOSONLY X SCHEDULED N N 03584112 04/23/2023 10/23/2023 _ BODILY INJURY(Per accident) $100 000 HIRED ',NON-OWNED pROPERTY DAMAGE AUTOS ONLY _'AUTOS ONLY (Per accident) $25,000 UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PFR 7 AND EMPLOYERS'LIABILITY nY/N I STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE I I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If Ee under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ABEL CASTANEDA ACCORDANCE WITH THE POLICY PROVISIONS. 7600 TRUAX RD CENTRAL POINT,OR 97502-0000 AUTHORIZED REPRESENTATIVE 1114144 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACORD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED World of Insurance LLC ABEL CASTANEDA DBA:J&A CONCRETE CONSTRUCTION LLC POLICY NUMBER 7600 TRUAX RD CENTRAL POINT,OR 97502-0000 03584112 CARRIER NAIC CODE Artisan and Truckers Casualty Company 10194 EFFECTIVE DATE:04/23/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits Uninsured/Underinsured Motorist $50,000/$100,000 Liability coverage may not apply to all scheduled vehicles. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 189672 JACONC2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)9/13/2023 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 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jaime Zumwalt Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (AIC,No,Ext): (A/C,No): ADDRESS: a 1201 Pacific Avenue;Suite 1000 EMAIL ime.zumwalt@P P ro elinsurance.com ADM Human Resources INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A Western National Mutual Insurance Co. 15377 INSURED INSURER B: J&A Concrete Construction,LLC 7600 Truax Road INSURER C INSURER D: Central Point,OR 97502 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY CPP127018802 08/01/2023 08/01/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- X POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) A x UMBRELLA LIAB X OCCUR UMB105407000 09/12/2023 09/12/2024 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION Cit f Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City osTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 HORI�AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6150006/M6150005 JLHO2 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and"loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage"involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 • B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs(3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs(3), (4), (5) and(6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage"to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III —LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage"under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount,you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions,the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6.of SECTION III—LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2.Exclusions is amended by replacing Sub-paragraphs b.and c.with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1.is amended by replacing Subparagraphs b.and d.with the following: b. Up to $5,000 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. 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. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2.a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph(1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co-"employee" or other"volunteer worker" arising out of and in the course of the co-"employee's" or`volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other "volunteer worker", is brought against you or a co-"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or"volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to"bodily injury" or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors,the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the"products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 10 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering 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. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured—Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However,the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor,the following additional exclusions apply: "Bodily injury"or"property damage"arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments,tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 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: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering 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. This exclusion applies even if the claims.against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured—Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured 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. 2. 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: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering 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. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or"property damage" included within the"products-completed operations hazard". 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: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering 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. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 10 • c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured 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. 2. 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: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering 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. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III—LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury"sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4.Other Insurance, b.Excess Insurance(1)(a)(ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6.Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy,you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Waiver of Subrogation Item 8.Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9.a. is replaced by the following: 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, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14.d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral,written,televised,videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10