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HomeMy WebLinkAbout2024-137 AGRMT - Architectural Resources Group ASHLAND ,�c °' T V 0 rPersonal Services Agreement City Information Consultant Information City of Ashland Firm Name: Architectural Resources Group Attn: Kevin Caldwell Contact: Maya Foty 20 East Main St Address: 720 SW Washington St, Suite 605 Ashland, Oregon 97520 Portland, OR 97205 Phone:(541) 552-2265 Phone: (971) 256-5324 Email: kevin.caldwell@ashland.or.us Email: m.foty@argcreate.com Contract Summary Procurement Method: Personal Services - Direct Appointment (A/E) Completion Date: 06/30/2025 Contract Amount: $ 99,988.65 Ninety-nine-thousand-nine-hundred-and-eighty-eight-dollars-and-sixty-five Description of Services: Butler-Perozzi Fountain Restoration, Phase 2 Supporting Documents: RE:Phase 2,Butler-Perozzi Fountain Restoration Dated: 12/20/24 Dated: Dated: Dated: This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed under Consultant Information above, ("hereinafter "Consultant"), for the services listed under Description of Services and Supporting Documents as noted in the Contract Summary above. In the event of conflict between provisions of the Supporting Documents, the Supporting Documents shall be given precedence in the order listed above. This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually complementary 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 exhibits or supporting documents. The Consultant's initials "'� ] herein signify acknowledgment and agreement to this provision, if applicable, or if not sign "N/A". Consultant's services are collectively referred to in this Agreement as the "Work." Page 1 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than the Completion Date listed under the Contract Summary in the table one page one of this agreement. 1.1. Time is of the essence. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City, by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. 2. Compensation: City shall pay Consultant the sum listed as the "Contract Amount" under the Contract Summary on page one of this document as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the Contract Amount without the express, written approval from the appropriate Department Head or City Manager. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 3. Consultant Obligations: 3.1. Independent Contractor Status. Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 3.2. Qualified Work. Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded. 3.3. Assignment. Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. Page 2 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group 3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work described in the Description of Services and in the Supporting Documents and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as "Exhibit U and incorporated herein by this reference. 4. Insurance: Consultant shall, at its own expense, maintain the following insurance: 4.1. Worker's Compensation. 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. 4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that it is exempt from providing Workers' Compensation per ORS 656.027. Exemption criteria: Enter criteria here or delete if not applicable Consultant initials if exempt: Date: 4.3. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence. This is to cover any damage caused by error, omission or negligent acts related to the Work to be provided under this Agreement. 4.4. 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, Death, and Property Damage. 4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 4.6. 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 thirty(30) days' prior written notice from the Consultant or its insurer(s) to the City. 4.7. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring Page 3 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 5. Termination: 5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. 5.2. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty (30) days' prior written notice delivered by certified mail or in person. 5.3. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: • If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; or • If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or • If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. 5.4. For Default or Breach. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. 5.4.1. Default: The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. Page 4 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group 5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections 5.1, 5.2, or 5.3 above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless of whether such notice is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 5.6. The rights and remedies of City provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 6. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, 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 Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, costs, judgments, or other damages, caused solely by the gross negligence of City. 7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS 305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions and any tax provisions imposed by a political subdivisions of the State of Oregon. 8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 or more, Consultant 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. Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen by all employees. 9. 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, by mailing using registered or certified United States mail, return receipt requested, postage prepaid, or by electronically confirmed at the addresses set forth on page one of this agreement with a copy to: Page 5 of Personal Services Agreement Between the City of Ashland and Architectural Resources Group City of Ashland — Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 10. General Provisions: 10.1. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 10.2. Non-appropriations Clause - Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. 10.3. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 10.4. Nondiscrimination: Consultant 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 any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant 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. 10.5. Governing Law: 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 Page 6 of Personal Services Agreement Between the City of Ashland and Architectural Resources Group 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. 11. Merger: This agreement and the attached exhibits constitute the entire understanding and agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Consultant, by signature of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions. Page 7 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group WITNESS WHEREOF, the parties have executed this Agreement in their respective names by their duly authorized representatives as of the dates indicated below. This Agreement may be executed in two counterparts, each of which shall be deemed an original, with equal force and effect as if executed in a single document. City of Ashland: Architectural Resources Group (Consultant) Digitally signed by Alissa Kolodzinski i DN:cn=Alissa Kolodzinski, a tyof Ashland, Alissa Kolodzinsk ou,email-alissa.kolodzinski@i@ashland.or.us, c=US By, Date:2024.12.31 17:05:39-08'00' plg7ta11y signed by Maya Fo[y Designated Authority for City Manager DN C=US,E-m.foty@argcreate com, Maya Foty° .:Mi[ecural Resources Group Alissa Kolodzinski, Acting City Manager CN Maya Foty .. ....Date2024.12.26 09:49:19 08'00' Signature 12/31/2024 Maya Foty Date Printed Name Principal Title Purchase Order No. 12/26/24 Date (W--9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Carmel Zahran City Attorney 12.31.24 Date Page 8 of 8 Personal Services Agreement Between the City of Ashland and Architectural Resources Group CITY OF • OREGON City of Ashland LIVING • • - • - • - • WAGE per hour, effective June 30, 2024. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. • - - • - , - - portion of the business of of health care, retirement, their employer, if the 401 K, and IRS eligible employer has ten or more cafeteria plans(including employees, and has received childcare) benefits to the ➢ For all hours worked under a financial assistance for the employee's amount of wages. service contract between their project or business from the employer and the City of City of Ashland over ➢ Note: For temporary and Ashland if the contract $26,429.65; part-time employees, the exceeds$26,429.65 or more. Living Wage does not apply If their employer is the City of to the first 1040 hours worked ➢ For all hours worked in a Ashland, including the Parks in any calendar year. For month, if the employee and Recreation Department. more details, please see spends 50%or more of the Ashland Municipal Code employee's time in that month ➢ In calculating the living wage, Section 3.12.020. working on a projector employers may add the value For additional information: Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. ,.CITY Exhibit C Certifications/Representations: Consultant, by and through its authorized representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer I D (or is waiting for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. X (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. X (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. '6igW11, ,,,,d by Maya Fory Maya FotyON ilsE_mas,ur�sGru,CN O ACt t Er f tyQ,q Group CN-Maya Foty L�§t�2024 12.25 09 54 38 08 00 Consultant's signature 12/26/24 Date Page 1 of 1: Exhibit C r chtecbj 4 Resources GroupF errtl¢¢aVV llf>iEhnEn}(:¢�n Street,Sdrilc ('a(7,7 97205 mg Im u,corn Kevin Caldwell Parks Superintendent Ashland Parks& Recreation Commission 340 S. Pioneer St.,Ashland,OR 97520 December 20, 2024 RE: Phase 2, Butler-Perozzi Fountain Restoration Dear Kevin, ARG is pleased to provide Ashland Parks&Recreation Commission (APRC)with this proposal for completion of the Butler-Perozzi Fountain Restoration. In 2022,ARG was retained by the APRC to assess the Butler-Perozzi Fountain, located in Lithia Park, in Ashland,Oregon and to provide recommendations for its repair and restoration. In the summer of 2024,APRC again retained ARG to: confirm report recommendations; perform a site visit to create as-built drawings and confirm fountain conditions;and to meet with fountain stakeholders including APRC and the Ashland Parks Foundation to review recommendations and agree to a scope that should move forward into the next phase of design.This proposal for Phase II work is based on the agreed upon scope as documented in our Summary Memo dated September 27, 2024 and a conference call with APRC and Ashland Park Foundation(APF)on November 7, 2024. Phase 2 Scope: See attached Exhibit A(Summary Memo dated September 27, 2024)and Exhibit B(November 7, 2024 Meeting Notes).Scope and fee listed below covers design services through 100%Construction Documents and time for assistance w/permitting and bidding. Construction Administration services is not included and may be contracted at a later time. Deliverables and Milestone Dates: Initial Phase(January,2025): • Kick-off meeting with APRC.ARG to provide agenda and meeting minutes for distribution. • Consultant coordination,gather additional required site information for Civil, MEP and Structural Engineer • Meet w/Ashland Building Department and SHPO to confirm to confirm permitting requirements. 60%Phase(January 2025-February 2025): • Develop 60%Drawings.Submit to APRC for review. • Incorporate review comments. • Submit to cost estimator for construction cost(allow 3 weeks) 90%Phase(February 2025-March 2025): • Develop Construction Documents.Submit 90%to APRC for review. • Incorporate APRC comments into 100%set. • Submit for permitting and issue for bid Anehi fxas, III(r,nn,er��&' C4ms'^n a''toT 100%Phase(March 2025-June 2025): • Assist w/bidding process(answer questions,etc) • Incorporate any permit comments and bid comments, issue For Construction Set Consultant Scopes • ARG(material conservation,Architects of Record,project manager. Oregon WBE) o Main point of contact for the project. o Provide overall project management and ensure that all deadlines are met. o Provide materials for and lead the historic review and permitting process. o Provide construction documents including drawings and technical specifications related to the fountain and associated site components(light standards,stem walls and staircases) o Provide bid assistance to during the bid process • Fountain Consultant(Solitude Lake): o Provide drawings and specs for the underground pump and filtration vault.Specs will require a custom engineered vault with integral control panel by Fountain Supply Co., Roman Fountains,or approved equal. Engage manufacturers to provide AutoCad drawings for the bid set. o Scope will include work within the fountain electrical and mechanical envelope including utility connections including potable water,sanitary sewer,and power. o Solitude Lake will provide calculated water effects flows and consequent line sizes, materials of construction,and termination details at drains,overflows,automatic fill systems,and diverter inlets. Equipotential bonding connections will also be addressed. o When not available in CAD format from the various suppliers,Solitude Lake will provide hand drawn sketches of piping/drain locations/details related to the installation of the plumbing and electrical scheme.Sazan to incorporate as required into their drawings. o Waterproofing and leak resistant construction detailing and review will be provided. o Cost information for equipment and anticipated installation time will be provided to the estimator. o Develop specs and details for the contemplated Ad-Alternates for(a)submerged fountain lighting and (b) laminar jets as shown in historic images of the fountain. o Discuss the opportunity with their contacts in the industry to ensure all qualified bidders are aware of the solicitation and encourage them to attend pre-bid meetings and obtain plan sets. o Provide answers to bidder questions during the bid process. o During the award process,check bidder references and make recommendations of contractor capacity to engage in this highly specialized work. Anehitxcts, III a,,nn,er�' C4ms,^n a,,toT • Mechanical, Electrical, Plumbing Consultant(Sazan): o Responsible for all drawings related to piping/electrical.This includes drawings related to connecting vault/pump to City potable water and sanitary sewer, reviewing Solitude Lake's drawings and incorporating them. o All drawings related to connecting City electrical to new vault/pump,also provide and drawings needed to coordinate new electrical pole, new electrical panel,and new electrical components including electrical routing and light fixtures for new concrete light standards. • Structural Engineer(Ciota Engineers): o Provide design new foundation including concrete mix and reinforcing steel design. o Provide design connection between fountain pieces, and into foundation as required to ensure stability of the fountain components o Provide calculations as required for permitting • Cost Estimator(DCW Engineers, WBE): o At 60%CD, prepare an opinion of probable construction costs during including all elements as necessary for a complete cost estimate.The cost estimate will be prepared in Uniformat II component format. o Prepare a single revision to the opinion of probable construction cost after review and commentary by the team. Further revision requests are not included and may require additional fee. o This stage includes a maximum of three additive/deductive bid alternates. o Up to(3)three team and client meetings are included during this phase. • Civil Engineer(Emerio Design, MBE) o Provide utility plan, identify location of utilities, City power, potable water,waste lines. o Assisting with obtaining any permit approvals related to site work. Consultant Fees: ARG Design Development through Construction Documents................................................$36,560 Sazan(Mechanical, Electrical, Plumbing Engineer) Design Development through Construction Documents................................................$14,000 Ciota Engineering(Structural Engineer) Design Development through Construction Documents................................................$5,000 Anehi,txcts, III(r,nn,er��&' C4ms'^n a''toT Emerio Design (Civil Engineer) Design Development through Construction Documents................................................$21,586 Solitude Lake(Fountain Consultant) Design Development through Construction Documents................................................$20,000 DCW Cost Estimating(Cost Estimator) At 60%Construction Documents--------------------------------------------------------------------------------$3,420 Reimbursable Expenses $450 Total $99,988.65 We hope this proposal meets your expectations.We are very excited to continue helping the Ashland Parks& Recreation Commission rehabilitate the Butler-Perozzi Fountain for future generations to enjoy! Sincerely, Maya Foty,AIA LEED AP Principal,Architecture Resources Group 712/27/2024 E(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 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: Robyn Catania AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd., Suite 230 A/C No Ext: 360-626-9535 A/C,No): E-MLafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:XL Specialty Insurance Company 37885 INSURED ARCHRES-04 INSURERB:Travelers Property Casualty Company of America 25674 Architectural Resources Group, Inc. INSURERC:The Travelers Indemnity Company of Connecticut 25682 Pier 9, The Embarcadero, Suite 107 San Francisco CA 94111 INSURERD:Travelers Casualty and Surety Co of America 31194 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2038610076 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD C X COMMERCIAL GENERAL LIABILITY Y Y 68021-1186591 9/1/2024 9/1/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� ECT � LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA1S985277 9/1/2024 9/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED A UTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X NoOwned Auto $ B X UMBRELLALIAB X OCCUR Y Y CUP7150YO42 9/1/2024 9/1/2025 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$n $ D WORKERS COMPENSATION Y UB6Y264914 9/1/2024 9/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability& Y DPR5032672 9/1/2024 9/1/2025 Per Claim/$2,000,000 $2,000,000/Aggr. Contractors Pollution Legal included Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.The following policies are included in the underlying schedule of insurance for umbrella/excess liability:General Liability/Auto Liability/Employers Liability RE: Butler-Perozzi Fountain Restoration, Phase 2 City of Ashland, Oregon,and its elected officials,officers and employees are named as an additional insured as respects general liability and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St. AUTHORIZED REPRESENTATIVE Ashland OR 97520 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD TRAVELERS!' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: UB6Y264914 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by Travelers Casualty and Surety Co of America DATE OF ISSUE: 12/27/2024 Page 1 of 1 Policy# o80emn65n COMMERCIAL GENERAL LIABILITY m. Method OfSharing a- The statements in the Declarations are |f all of the other insurance permits contribution accurate and complete; by equal shares, wm will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made 1ous; and equal amounts until it has paid its applicable c. We have |mnuod this policy in reUeAno upon limit of insurance or none of the loss renNaiUs, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which werelied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method' each insurers rights under this insurance. However, this provision share is based on the ratio oY its applicable limit does not affect our right to collect additional of insurance to the tndo| applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. noMPenewo| in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. - Required By Written Contract _.......................... Separation Of Insureds If you specifically oqmeo in G written contract or Except with ne3pod to the Limits of |osuranoe, and mQrearneUt that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on CnwaroQe Pad to the find Named |nouned, this a primary bomis, or a primary and non- insurance applies: contributory basis, ��|o insurance' a As if each Named |Onwre1 were the only other insurance that in available to such insured ' Named Insured- and which covers such insured as a named insured, ' and we will not share with that other insurance, b. Separately to each insured against whom do|m provided that: is made or"suit" is brought. (1) The "bodily injury' nr"property damage" for 8. Transfer OfRights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part ofany which coverage is sought is caused by an payment we have made under this Coverage Part, offense that kscommitted; those rights are transferred to us. The insured must subsequent to the o|0nimQ of that contract or do nothing after loss to impair them. A1 our request, the insured will bring "suit' or transfer those rightseg��arA�UtbyyoV�S. Premium Audit 1ouS and help us enforce them. 8. When We Do Not Renew a. Wa will compute all premiums for this Coverage |fvvedecide not to renew this Coverage Part, we will Part in accordance with g �h0m�rW|�o8�d � �n ' mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage part as the Declarations written notice of the nonnsmewa| advance premium iso deposit premium only. 4d not less than 3O days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will hosuMiciemt the ammled premium for that period and send oroofof notice. notice to the�mt Nomad Insured. The due date ' for audit and retrospective premiums is the date SECTION\/—DEFINITIONS shown on the due date pn the bill. |f the sum of 1. 'Y\dw*rtinement' means e notice that io broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the find for the purpose of attracting customers or Named Insured. supporters. For the purposes 0f this dofiOitinO: c. The first Named |Onwrod must keep records uf a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic oompmbd|on, and send us copies at such times n1esDs of communication; and osVve may request. b. Regarding websitmy, only that part ofa vwebmite G. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters ia considered anadvertisement. PmQa 10 nf21 92017 The T,nve|r,m Indemnity Company.All nmms reserved. CG T1 00 02 19 includes copyrighted material of Insurance mrrv|cnn Office, Inc. with its pr,m|n"|nn Policy# 6802H186591 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan services" during their work hours for you SECTION III — LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance knowledge pharmaceuticals for ll committed of the insured wlith the M. BLANKET WAIVER OF SUBROGATION — relating to the WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy Number: DPR5032672 2. The specific nature and extent of the injury or damage that has been sustained; and 3. How the INSURED first became aware of such CIRCUMSTANCE(S), then any CLAIM(S) that may subsequently be made against the INSURED arising out of such reported CIRCUMSTANCE(S) shall be deemed to have been made on the date first written notice of the CIRCUMSTANCE(S)was received by the Company.This right conferred upon the INSURED in this Paragraph shall terminate at the end of the POLICY PERIOD and shall not exist during the Automatic Extended Reporting Period or Optional Extended Reporting Period. XI. OTHER CONDITIONS A. Cancellation This Policy may be canceled by the NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This Policy may be canceled by the Company by mailing to the NAMED INSURED, at the address stated in Item 1. of the Declarations, written notice stating when, not less than thirty (30) days thereafter(or ten (10) days thereafter for non-payment of premium), such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the POLICY PERIOD. Delivery of such written notice either by the NAMED INSURED or by the Company shall be equivalent to mailing. If this Policy is canceled, earned premium shall be computed in accordance with the Company's guidelines with respect to cancellation. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. B. Action Against The Company No action may be brought against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this Policy, nor until the amount of the INSURED'S obligation to pay shall have been finally determined either by judgment against the INSURED in a contested proceeding after final judgment has been rendered and any appeal decided, or by written agreement of the INSURED, the claimant and the Company. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED'S liability, nor shall the INSURED or the INSURED'S legal representative join the Company in such action. Bankruptcy or insolvency of the INSURED or the INSURED'S estate shall not relieve the Company of any of its obligations hereunder. C. Assignment This Policy may not be assigned or transferred without written consent of the Company. D. Subrogation In the event of any payment under this Policy, the Company shall be subrogated to all the INSURED'S rights of recovery therefor against any person or organization, and the INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing after a CLAIM(S) to prejudice such rights. However, it is agreed that the Company waives its rights of subrogation under this Policy against clients of the INSURED as respects any CLAIM(S) arising from PROFESSIONAL SERVICES, or CONTRACTING SERVICES under the client's contract requiring waiver of subrogation, but only to the extent required by written contract. LDD 050 1116 Page 15 of 16 08/07/2024 12:04:01 AM ©2016 X.L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER:680-2H186591 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury"or"property damage" occurs or the "personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. CG T8 02 09 24ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 06/19/2024 Page 1 of 1 POLICY NUMBER:680-2H186591 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage"included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or"property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 CG T8 03 09 24 © ISO Properties, Inc., 2004 DATE OF ISSUE: 06/19/2024 Page 1 of 1 Policy: BA1S985277 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy# BA1 S985277 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or "loss", provided that the CONDITIONS Section: "accident' or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission.