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HomeMy WebLinkAbout2025-058 AGRMT Marquess & Associates A � T V OFPersonal Services Agreement SHLAND City Information Consultant Information City of Ashland Firm Name: Marquess &Associates Attn: Jason Strait Contact: Phil Oakley 20 East Main Street Address: 1120 East Jackson Ashland, Oregon 97520 Medford, Or 97501 Phone:(541)488-5587 Phone: 541-772-7115 Email: jason.strait@ashland.or.us Email: poakley@marquess.com Contract Summary Procurement Method: Direct Completion Date: 12/31/2025 Contract Amount: $ 5,533.00 not to exceed Description of services: Specialty and Geotechnical Inspections Supporting Documents: Proposal Dated: 2/13/20 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 Pf DO 1 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 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 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 C" 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 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 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 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 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 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: (Consultant) Signature 9' 2.13.2025 Philip D. Oakley Date Printed Name Department Supervisor Title Purchase Order No. 02/13/2025 Date (W--9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney 2.13.25 Date Page 8 of 8 Personal Services Agreement Between the City of Ashland and 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 o Ashland Municipal Code spends 50/o or more of the ➢employee's time in that month In calculating the living wage, Section 3.12.020. working on a project or 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. A IT OF 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 ID (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. (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. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (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. Consultant's signature Date Page 1 of 1: Exhibit C YOUR PRFESSIONAL ENGINEERING TEAM, SINCE 1957 MA E S S (' 5 41-77 7115 r 541 779 4079 1120 EAS'0 )A(C::KSON PO WX 490 NAR)I OR0, OR 97501 fv `vC)(; 1MTEs I CE]C I: )4C L.;z�aCrrrn,irrarcgtixa��s.c�ar,T� W E l3 W WAII.x.Nt CSS.0011-t February 13, 2025 Jason Strait, PE. Project Manager City of Ashland Public Works 51 Winburn Way Ashland, Oregon 97520 RE: PROPOSAL FOR SPECIAL INSPECTION AND MATERIALS TESTING SERVICES ASHLAND COMMUNITY CENTER RENOVATION CITY OF ASHLAND 74 WINBURN WAY,ASHLAND, OREGON 97520 MAI PROPOSAL NO.P25-9038 Dear Jason, We are pleased to provide this proposal to perform special inspection and materials testing services for the above project. As part of our preparation of this proposal, we have reviewed the structural drawing set dated March 13, 2024, and prepared by ZCS Engineering. The project consists of a Seismic Retrofit of Existing Building. Proposed Services We propose to provide the following special inspection and materials testing services: • Compaction of Structural Fill using a Nuclear Density Gauge. • Concrete Testing at time of Placement and Compressive Strength testing in Lab. Exclusions. The above scope of work does not include: February 13, 2025 Page 2 of 2 Arrangements Based on the above scope of work and our understanding of the project, we estimate the total cost of our services could be in the order of $5,533. A breakdown of these estimated costs is shown in the attached testing and inspection estimate. We propose our fees for the work be based on actual time and materials spent on behalf of the project. Our fees would follow the fee structure shown on the attached Schedule of Charges. Our estimate is based on straight time. 1.5x straight time hourly rates will be charged if work occurs on weekends or holidays, or if field work starts before 7:00 a.m., or extends past 5:00 p.m., or if the time exceeds 8 hours per day on the project. All services rendered by us consist of professional observations, inspections, and tests made in accordance with generally accepted principles and practices in Southern Oregon. This warranty is in lieu of all other warranties, expressed or implied. Under no circumstances is it our intent to directly control the physical activities of the contractor or the contractor's workmen's accomplishment of work on the project. Our field representative's presence on the site is to provide the owner and contractor an on-going source of professional opinions based on the field representative's tests and inspections of the work and does not include any superintending, supervision, or direction of the actual work of the contractor. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of any appeal from suit, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in such suit, action or appeal. As compensation for services rendered, a bill will be sent each month showing the percentage of work completed on the project. Payments are due within 30 calendar days of the invoice date (net30). Late payments will be subject to a service charge of 1.5%per month on the unpaid balance. In the event work is stopped on this project,the hourly rate shall determine the engineering fee. When you are ready to authorize the work, please sign below and return this document with the attached new project setup form. If you have any questions,please call. Sincerely, MARQUESS & ASSOCIATES, INC. kfi ale-y Attachments: Schedule of Charges, Testing and Inspection Estimate, New Project Setup Form. AUTHORIZATION Approved by Date Testing and Inspection Estimate, February 13, 2025 Ashland Community Center Renovation Marquess & Associates No. P25-9038 Hours On-Site Travel Mileage Cost per Equip. Total Inspection Item Rate Trips ea. Trip Hours ea. Trip Trip Mat Is Cost Concrete testing Footings $110 7 2 1 25 $348 $1,750 $4,188 Compaction Testing $110 3 1 1 25 $238 $330 $1,045 Administration $150 2 $300 Total= $5,533 it &MA s S Cry G T T 5 1 �51 � P 541 7'72--'M5 F 5 41-779-4079 1120 EAST JACKS 1 0 BOX 490 �.hCC)F(.7RD,OR 97501 ECvl11.,:a.��Irrr���t��,rc��rs s .�<:Sn� w F.t3: c�'wtr,�tiarc8�it� w.ctaa� SCHEDULE OF CHARGES Special Inspection and Materials Testing January 2025 Senior Special Inspector ..................................................................................................$125/Hr. SpecialInspector ..................................................................................$110/Hr. Welding, Bolting, and Epoxy Bolting Special Inspection...............................................$110/Hr. Fireproofing Special Inspection and Testing...................................................................$110/Hr. Fill Compaction Testing ..................................................................................................$110/Hr. Prestressed and post tensioned Concrete Special Inspection...........................................$109/Hr. Masonry Special Inspection.............................................................................................$110/Hr. Rebar Special Inspection..................................................................................................$110/Hr. Footing Observation by Senior Geotechnical Engineer...................................................$200/Hr. Laboratory Technician, including testing and reporting..................................................$90/Hr. SoilsTechnician...............................................................................................................$110/Hr. Concrete Technician ........................................................................................................$110/Hr. Ultrasonic Welding Inspections. (NDT)............ ........................................... $109/Hr. Concrete Cylinder Compressive Strength, including curing and breaks .........................$50/ea. Masonry Mortar Cylinder Compressive Strength, including curing ...............................$29/ea. Masonry Grout Compressive Strength, including curing................................................$29/ea. Masonry Block Strength, including curing......................................................................$57/ea. Prism Compressive Strength............................................................................................$199/ea. Field Density Gauge (equipment charge) ........................................................................$110/visit Rebar Location (Hilti PS 35, equipment charge).............................................................$99/visit Rebar Location (Hilti PSI 000, equipment charge)..........................................................$499/visit Positest Adhesion Tester (equipment charge)..................................................................$129/visit VehicleMileage...............................................................................................................$.73/mi Masonry In-Place Shear Testing......................................................................................Hourly Anchor Bolt and Rebar Pull Testing (equipment charge)................................................$129/visit. BoltTorque Testing ........................................................................................................$49/visit Bolt Testing (Skidmore) ..................................................................................................$129/visit Masonry Moisture Content Testing.................................................................................Hourly Administrative Fee (Billed Per Invoice)..........................................................................12% 0. 1��14 YOU PROFESSIONAL ESS MA V A I'541-772 79 y Y 779 7 ENGINEERING p {pry 9.5 1 47 l l 7-44/Y 1120 4 J C.@C {)I 9'C)4i17h 490 4�4�'!l7Eil).6.)P� Y7ul4S1 (hNrtl l:ea f�v m w�toc ti.c n V1'FIS: ��v .a�ux�Kic° S.ccvrn Company Name: Billing Address: Phone Number: Email Address (for Invoices): Job Name: Job Site Address: Job#/ PO#we need to reference on invoices: Onsite Contact Name: Onsite Contact Phone Number: Onsite Contact Email: List anyone that should be included to the distribution list (anyone who should receive all reports) Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: YOUR PRFESSIONAL ENGINEERING TEAM, SINCE 1957 MA E S S (' 5 41-77 7115 r 541 779 4079 1120 EAS'0 )A(C::KSON PO WX 490 NAR)I OR0, OR 97501 fv `vC)(; 1MTEs I CE]C I: )4C L.;z�aCrrrn,irrarcgtixa��s.c�ar,T� W E l3 W WAII.x.Nt CSS.0011-t February 13, 2025 Jason Strait, PE. Project Manager City of Ashland Public Works 51 Winburn Way Ashland, Oregon 97520 RE: PROPOSAL FOR SPECIAL INSPECTION AND MATERIALS TESTING SERVICES ASHLAND COMMUNITY CENTER RENOVATION CITY OF ASHLAND 74 WINBURN WAY,ASHLAND, OREGON 97520 MAI PROPOSAL NO.P25-9038 Dear Jason, We are pleased to provide this proposal to perform special inspection and materials testing services for the above project. As part of our preparation of this proposal, we have reviewed the structural drawing set dated March 13, 2024, and prepared by ZCS Engineering. The project consists of a Seismic Retrofit of Existing Building. Proposed Services We propose to provide the following special inspection and materials testing services: • Compaction of Structural Fill using a Nuclear Density Gauge. • Concrete Testing at time of Placement and Compressive Strength testing in Lab. Exclusions. The above scope of work does not include: February 13, 2025 Page 2 of 2 Arrangements Based on the above scope of work and our understanding of the project, we estimate the total cost of our services could be in the order of $5,533. A breakdown of these estimated costs is shown in the attached testing and inspection estimate. We propose our fees for the work be based on actual time and materials spent on behalf of the project. Our fees would follow the fee structure shown on the attached Schedule of Charges. Our estimate is based on straight time. 1.5x straight time hourly rates will be charged if work occurs on weekends or holidays, or if field work starts before 7:00 a.m., or extends past 5:00 p.m., or if the time exceeds 8 hours per day on the project. All services rendered by us consist of professional observations, inspections, and tests made in accordance with generally accepted principles and practices in Southern Oregon. This warranty is in lieu of all other warranties, expressed or implied. Under no circumstances is it our intent to directly control the physical activities of the contractor or the contractor's workmen's accomplishment of work on the project. Our field representative's presence on the site is to provide the owner and contractor an on-going source of professional opinions based on the field representative's tests and inspections of the work and does not include any superintending, supervision, or direction of the actual work of the contractor. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of any appeal from suit, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in such suit, action or appeal. As compensation for services rendered, a bill will be sent each month showing the percentage of work completed on the project. Payments are due within 30 calendar days of the invoice date (net30). Late payments will be subject to a service charge of 1.5%per month on the unpaid balance. In the event work is stopped on this project,the hourly rate shall determine the engineering fee. When you are ready to authorize the work, please sign below and return this document with the attached new project setup form. If you have any questions,please call. Sincerely, MARQUESS & ASSOCIATES, INC. kfi ale-y Attachments: Schedule of Charges, Testing and Inspection Estimate, New Project Setup Form. AUTHORIZATION Approved by Date Testing and Inspection Estimate, February 13, 2025 Ashland Community Center Renovation Marquess & Associates No. P25-9038 Hours On-Site Travel Mileage Cost per Equip. Total Inspection Item Rate Trips ea. Trip Hours ea. Trip Trip Mat Is Cost Concrete testing Footings $110 7 2 1 25 $348 $1,750 $4,188 Compaction Testing $110 3 1 1 25 $238 $330 $1,045 Administration $150 2 $300 Total= $5,533 it &MA s S Cry G T T 5 1 �51 � P 541 7'72--'M5 F 5 41-779-4079 1120 EAST JACKS 1 0 BOX 490 �.hCC)F(.7RD,OR 97501 ECvl11.,:a.��Irrr���t��,rc��rs s .�<:Sn� w F.t3: c�'wtr,�tiarc8�it� w.ctaa� SCHEDULE OF CHARGES Special Inspection and Materials Testing January 2025 Senior Special Inspector ..................................................................................................$125/Hr. SpecialInspector ..................................................................................$110/Hr. Welding, Bolting, and Epoxy Bolting Special Inspection...............................................$110/Hr. Fireproofing Special Inspection and Testing...................................................................$110/Hr. Fill Compaction Testing ..................................................................................................$110/Hr. Prestressed and post tensioned Concrete Special Inspection...........................................$109/Hr. Masonry Special Inspection.............................................................................................$110/Hr. Rebar Special Inspection..................................................................................................$110/Hr. Footing Observation by Senior Geotechnical Engineer...................................................$200/Hr. Laboratory Technician, including testing and reporting..................................................$90/Hr. SoilsTechnician...............................................................................................................$110/Hr. Concrete Technician ........................................................................................................$110/Hr. Ultrasonic Welding Inspections. (NDT)............ ........................................... $109/Hr. Concrete Cylinder Compressive Strength, including curing and breaks .........................$50/ea. Masonry Mortar Cylinder Compressive Strength, including curing ...............................$29/ea. Masonry Grout Compressive Strength, including curing................................................$29/ea. Masonry Block Strength, including curing......................................................................$57/ea. Prism Compressive Strength............................................................................................$199/ea. Field Density Gauge (equipment charge) ........................................................................$110/visit Rebar Location (Hilti PS 35, equipment charge).............................................................$99/visit Rebar Location (Hilti PSI 000, equipment charge)..........................................................$499/visit Positest Adhesion Tester (equipment charge)..................................................................$129/visit VehicleMileage...............................................................................................................$.73/mi Masonry In-Place Shear Testing......................................................................................Hourly Anchor Bolt and Rebar Pull Testing (equipment charge)................................................$129/visit. BoltTorque Testing ........................................................................................................$49/visit Bolt Testing (Skidmore) ..................................................................................................$129/visit Masonry Moisture Content Testing.................................................................................Hourly Administrative Fee (Billed Per Invoice)..........................................................................12% 0. 1��14 YOU PROFESSIONAL ESS MA V A I'541-772 79 y Y 779 7 ENGINEERING p {pry 9.5 1 47 l l 7-44/Y 1120 4 J C.@C {)I 9'C)4i17h 490 4�4�'!l7Eil).6.)P� Y7ul4S1 (hNrtl l:ea f�v m w�toc ti.c n V1'FIS: ��v .a�ux�Kic° S.ccvrn Company Name: Billing Address: Phone Number: Email Address (for Invoices): Job Name: Job Site Address: Job#/ PO#we need to reference on invoices: Onsite Contact Name: Onsite Contact Phone Number: Onsite Contact Email: List anyone that should be included to the distribution list (anyone who should receive all reports) Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: Name: Company: Email: DATE(MM/DD/YYYY) ACTOR" CERTIFICATE OF LIABILITY INSURANCE 7/23/2024 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: Allison Barga AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd, Suite 230 A/c No Ext: 360-626-2007 A/C,No:360-626-2007 Lafayette CA 94549 ADMDRESS: allison.barga@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: Travelers Property Casualty Company of America 25674 INSURED 2738 INSURERB: The Travelers Indemnity Company of Connecticut 25682 Marquess&Associates Inc INSURERC: Travelers Casualty and Surety Company 19038 P.O. Box 490 Medford OR 97501 INSURERD: The Travelers Indemnity Company 25658 INSURERE: Underwriters at Lloyd's, London 32727 INSURER F: COVERAGES CERTIFICATE NUMBER:471366386 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 POLICY NUMBER MMIDD/YYY MMIDD/YYY D X COMMERCIAL GENERAL LIABILITY Y Y 6808NO53272 7/26/2024 7/26/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGETORENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BAOS053114 7/26/2024 7/26/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR Y Y CUP8NO53978 7/26/2024 7/26/2025 EACH OCCURRENCE $6,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $6,000,000 DED X RETENTION$1 n nnn $ C WORKERS COMPENSATION Y UB8NO81916 7/26/2024 7/26/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI 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 E Professional Liab:Claims Made AE243476 7/26/2024 7/26/2025 $2,000,000 Per Claim $4,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The certificate holder is an additional insured per the attached. The Umbrella Policy is follow form to its underlying Policies:General Liability/Auto Liability/Employers Liability/Employee Benefits Liability. City of Ashland, Oregon,and its elected officials,officers and employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 �?4 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BAOS053114 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT— INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS— INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- SECTION II — COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES— INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS— INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT— INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph AA., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss" to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy# CUPSN053978 UMBRELLA 2. We have no duty to defend any insured applicable limit of insurance. If we do not against any "suit": pay part of the judgment for any reason a. Seeking damages to which this insurance other than it is more than the applicable does not apply; or limit of insurance, we will not pay any pp y' interest that accrues on that portion of the b. If any other insurer has a duty to defend. judgment. 3. When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may, at our under COVERAGE A — EXCESS FOLLOW- discretion, participate in the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or "suit" reduce the applicable limits of insurance, but for damages to which this insurance may only if the applicable "underlying insurance" apply. If we exercise such right to participate, provides for such payments in addition to its all expenses we incur in doing so will not limits of insurance. With respect to a claim we reduce the applicable limits of insurance. investigate or settle, or "suit" against an 4. Our duty to defend ends when we have used insured we defend under COVERAGE B — up the applicable limit of insurance in the UMBRELLA LIABILITY, these payments will payment of judgments or settlements, or not reduce the applicable limits of insurance. defense expenses if such expenses are within SECTION II—WHO IS AN INSURED the limits of insurance of this policy. A. COVERAGE A — EXCESS FOLLOW-FORM 5. We will pay, with respect to a claim we LIABILITY investigate or settle, or suit against an insured we defend: With respect to Coverage A, the following persons a. All expenses we incur. and organizations qualify as insureds: b. The cost of: 1. The Named Insured shown in the Declarations; and (1) Bail bonds required because of accidents or traffic law violations 2. Any other person or organization qualifying as arising out of the use of any vehicle to an insured in the "underlying insurance". If which this insurance applies; you have agreed to provide insurance for that person or organization in a written contract or (2) Appeal bonds and bonds to release agreement: attachments; a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be: applicable limit of insurance. We do not have to furnish these bonds. (1) The amount by which the minimum limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim or exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance"; to $1,000 a day because of time off from or work. d. All court costs taxed against the insured (2) The limits of insurance of this policy; in the "suit". However, these payments do whichever is less; and not include attorneys' fees or attorneys' b. Coverage under this policy does not apply expenses taxed against the insured. to such person or organization if the e. Prejudgment interest awarded against the minimum limits of insurance you agreed insured on that part of the judgment we to provide such person or organization in pay. If we make an offer to pay the that written contract or agreement are applicable limit of insurance, we will not wholly within the total limits of insurance pay any prejudgment interest based on of all available applicable "underlying that period of time after the offer. insurance". f. All interest that accrues on the full amount B. COVERAGE B—UMBRELLA LIABILITY of any judgment after entry of the With respect to Coverage B: judgment and before we have paid, offered to pay or deposited in court the 1. The Named Insured shown in the part of the judgment that is within the Declarations is an insured. 2. If you are: Page 4 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA a. An individual, your spouse is also an as a consequence of Paragraph insured, but only with respect to the (1)(a) above; conduct of a business of which you are (c) For which there is any obligation the sole owner. to share damages with or repay b. A partnership or joint venture, your someone else who must pay members, your partners and their damages because of the injury spouses are also insureds, but only with described in Paragraph (1)(a) or respect to the conduct of your business. (b) above; or c. A limited liability company, your members (d) Arising out of his or her providing are also insureds, but only with respect to or failing to provide professional health care services. the conduct of your business. Your managers are also insureds, but only with Unless you are in the business or respect to their duties as your managers. occupation of providing professional health care services, Paragraphs d. An organization other than a partnership, (1)(a), (b), (c) and (d) above do not joint venture or limited liability company, apply to "bodily injury" arising out of your "officers" and directors are also providing or failing to provide first aid insureds, but only with respect to their or "Good Samaritan services" by any duties as your "officers" or directors. Your of your "employees" or "volunteer stockholders are also insureds, but only workers" other than an employed or with respect to their liability as volunteer doctor. Any such stockholders. "employees" or "volunteer workers" e. A trust, your trustees are also insureds, providing or failing to provide first aid but only with respect to their duties as or "Good Samaritan services" during trustees. their work hours for you will be deemed to be acting within the scope 3. Each of the following is also an insured: of their employment by you or performing duties related to the a. Your "volunteer workers" only while conduct of your business. performing duties related to the conduct of your business, or your "employees", (2) "Property damage" to property: other than either your "officers" (if you are (a) Owned, occupied or used by; or an organization other than a partnership, (b) Rented to, in the care, custody or joint venture or limited liability company) control of, or over which physical or your managers (if you are a limited control is being exercised for any liability company), but only for acts within the scope of their employment by you or purpose by; you, any of your "employees" or while performing duties related to the conduct of your business. However, none "volunteer workers", any of your of these "employees" or "volunteer partners or members (if you are a workers" are insureds for: partnership or joint venture), or any of your members (if you are a limited (1) "Bodily injury" or"personal injury": liability company). (a) To you, to your partners or b. Any person (other than your "employee" members (if you are a partnership or "volunteer worker"), or any or joint venture), to your members organization, while acting as your real (if you are a limited liability estate manager. company), to a co-"employee" c. Any person or organization having proper while in the course of his or her temporary custody of your property if you employment or performing duties die, but only: related to the conduct of your (1) With respect to liability arising out of business, or to your other the maintenance or use of that "volunteer workers" while property; and performing duties related to the conduct of your business; (2) Until your legal representative has been appointed. (b) To the spouse, child, parent, d. Your legal representative if you die, but brother or sister of that co- only with respect to duties as such. That employee or volunteer worker EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 5 of 22 UMBRELLA representative will have all your rights and 2. Any organization, other than a partnership, duties under this insurance. joint venture or limited liability company, of 4. Any organization, other than a partnership, which you are the sole owner, or in which you joint venture or limited liability company, of maintain an ownership interest of more than which you are the sole owner, or in which you 50%, on the first day of the policy period. No maintain an ownership interest of more than such organization is an insured or will qualify 50%, on the first day of the policy period is an as a Named Insured for "crisis management insured and will qualify as a Named Insured. service expenses" arising out of a "crisis No such organization is an insured or will management event" that first commences qualify as a Named Insured for "bodily injury" after the date, if any, during the policy period, or "property damage" that occurred, or that you no longer maintain an ownership "personal injury" or "advertising injury" caused interest of more than 50% in such by an offense committed after the date, if any, organization. during the policy period, that you no longer 3. Any organization you newly acquire or form, maintain an ownership interest of more than other than a partnership, joint venture or 50% in such organization. limited liability company, and of which you are 5. Any organization you newly acquire or form, the sole owner, or in which you maintain an other than a partnership, joint venture or ownership interest of more than 50%, if there limited liability company, and of which you are is no other similar insurance available to that the sole owner, or in which you maintain an organization. However: ownership interest of more than 50%, is an insured and will qualify as a Named Insured if a. Coverage under this provision is afforded there is no other similar insurance available to only until the 180th day after you acquire that organization. However: or form the organization or the end of the a. Coverage under this provision is afforded policy period, whichever is earlier; and only until the 180th day after you acquire b. Coverage for such organization does not or form the organization or the end of the apply to "crisis management service policy period, whichever is earlier; and expenses" arising out of a "crisis b. Coverage for such organization does not management event" that occurred before apply to: you acquired or formed the organization, even if an "executive officer" only first (1) "Bodily injury" or "property damage" becomes aware of an "event" or that occurred; or 'occurrence" that leads to such "crisis (2) "Personal injury" or "advertising management event" after the date you injury" arising out of an offense acquired or formed the organization. committed; No person or organization is an insured or will before you acquired or formed the qualify as a Named Insured with respect to the organization. conduct of any current or past partnership, joint venture or limited liability company that is not No person or organization is an insured or will shown as a Named Insured in the Declarations. qualify as a Named Insured with respect to the conduct of any current or past partnership, joint SECTION III — LIMITS OF INSURANCE venture or limited liability company that is not A. The Limits of Insurance shown in the Declarations shown as a Named Insured in the Declarations. and the rules below fix the most we will pay for the This paragraph does not apply to any such amounts described below to which this insurance partnership, joint venture or limited liability applies regardless of the number of: company that otherwise qualifies as an insured under Paragraph B. of SECTION II —WHO IS AN 1. Insureds; INSURED. 2. Claims made or"suits" brought; C. COVERAGE C — CRISIS MANAGEMENT 3. Number of vehicles involved; SERVICE EXPENSES 4. Persons or organizations making claims or With respect to Coverage C, the following persons bringing "suits"; or and organizations are insureds and will qualify as 5. Coverages provided under this insurance. Named Insureds: 1. The Named Insured shown in the As indicated in Paragraph D.1. of SECTION I — COVERAGES, for any suit„ for which we have Declarations. the right and duty to defend the insured under Coverage A, defense expenses will be within the Page 6 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA d. That Extended Reporting Period the full policy period of this Excess Follow- endorsement is issued by us and made a Form And Umbrella Liability Insurance. This part of this policy. provision does not apply to the reduction or 3. Any Extended Reporting Period endorsement exhaustion of the aggregate limit or limits of for this insurance will not reinstate or increase such "underlying insurance" solely by the Limits of Insurance or extend the policy payments as permitted in Paragraphs 4.a.(1), period. (2) and (3) of COVERAGE A — EXCESS 4. Except with respect to any provisions to the FOLLOW-FORM LIABILITY of SECTION I — contrary contained in Paragraphs 1., 2. or 3. COVERAGES. As such policies expire, you above, all provisions of any option to purchase will renew them at limits and with coverage at an "extended reporting period" granted to you in least equal to the expiring limits of insurance. the "underlying insurance" apply to this If you fail to comply with the above insurance. requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay J. INSPECTIONS AND SURVEYS only to the extent that we would have paid had 1. We have the right but are not obligated to: you complied with the above requirements. a. Make inspections and surveys at any time; 2. The first Named Insured shown in the b. Give you reports on the conditions we find; Declarations must give us written notice of and any change in the "underlying insurance" as c. Recommend changes. respects: 2. Any inspections, surveys, reports or a. Coverage; recommendations relate only to insurability and b. Limits of insurance; the premiums to be charged. We do not make c. Termination of any coverage; or safety inspections. We do not undertake to perform the duty of any person or organization d. Exhaustion of aggregate limits. to provide for the health or safety of workers or 3. If you are unable to recover from any the public. We do not warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful; or comply with any term or condition of the b. Comply with laws, regulations, codes or "underlying insurance", Coverage A is not standards. invalidated. However, we will pay for any loss only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in 1. No person or organization has a right under this that"underlying insurance". insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance is excess over any valid and into a "suit" asking for damages from an collectible "other insurance" whether such "other insured; or insurance" is stated to be primary, contributing, b. To sue us on this insurance unless all of its excess, contingent or otherwise. This provision terms have been fully complied with. does not apply to a policy bought specifically to 2. A person or organization may sue us to recover apply as excess of this insurance. on an agreed settlement or on a final judgment However, if you specifically agree in a written against an insured. We will not be liable for contract or agreement that the insurance provided damages that: to any person or organization that qualifies as an a. Are not payable under the terms of this insured under this insurance must apply on a insurance; or primary basis, or a primary and non-contributory b. Are in excess of the applicable limit of basis, then insurance provided under Coverage A insurance. is subject to the following provisions: An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for Page 14 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA 1. This insurance will apply before any "other provide insurance in such country or insurance" that is available to such additional jurisdiction; or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country or not share with that "other insurance", provided jurisdiction in which we are not licensed to that the injury or damage for which coverage is provide insurance. sought is caused by an "event" that takes place PROHIBITED COVERAGE — TRADE OR or is committed subsequent to the signing of ECONOMIC SANCTIONS that contract or agreement by you. We will provide coverage for any loss, or 2. This insurance is still excess over any valid and otherwise will provide an benefit, onlyto the collectible "other insurance", whether primary, y extent that providing such coverage or benefit excess, contingent or otherwise, which covers does not expose us or any of our affiliated or that person or organization as an additional parent companies to: insured or as any other insured that does not qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America; N. PREMIUM or 1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction, prohibition or restriction. all premiums and will be the payee for any R. REPRESENTATIONS return premiums. 2. If the premium is a flat charge, it is not subject By accepting this insurance, you agree: to adjustment except as provided in Paragraph 1. The statements in the Declarations and any 4. below. subsequent notice relating to "underlying 3. If the premium is other than a flat charge, it is insurance" are accurate and complete; an advance premium only. The earned 2. Those statements are based upon premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years or upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium. Except with respect to the Limits of Insurance, 4. Additional premium may become payable when and any rights or duties specifically assigned in coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II — WHO IS Declarations, this insurance applies: AN INSURED. 1. As if each Named Insured were the only O. PREMIUM AUDIT Named Insured; and The premium for this policy is the amount stated in 2. Separately to each insured against whom Item S. of the Declarations. The premium is a flat claim is made or"suit" is brought. charge unless it is specified in the Declarations as T. WAIVER OR TRANSFER OF RIGHTS OF adjustable. RECOVERY AGAINST OTHERS TO US P. PROHIBITED COVERAGE — UNLICENSED 1. If the insured has rights to recover all or part INSURANCE of any payment we have made under this 1. With respect to loss sustained by any insured in insurance, those rights are transferred to us a country or jurisdiction in which we are not and the insured must do nothing after loss to licensed to provide this insurance, this impair them. At our request, the insured will insurance does not apply to the extent that bring suit or transfer those rights to us and insuring such loss would violate the laws or help us, and with respect to Coverage A, the regulations of such country orjurisdiction. "underlying insurer", enforce them. 2. We do not assume responsibility for: If the insured has agreed in a contract or a. The payment of any fine, fee, penalty or agreement to waive that insured's right of other charge that may be imposed on any recovery against any person or organization, we waive our right of recovery against that person or organization in any country or person or organization, but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 15 of 22 UMBRELLA execution of that contract or agreement by such SECTION VI —DEFINITIONS insured. A. With respect to all coverages of this insurance: 2. Reimbursement of any amount recovered will 1 "Applicable underlying limit" means the sum of: be made in the following order: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured) who has paid for the policies of "underlying insurance" any amount in excess of the applicable limit in the Schedule Of Underlying Insurance of insurance; subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — b. Next, to us; and EXCESS FOLLOW-FORM LIABILITY of c. Then, to any person or organization SECTION I —COVERAGES; and (including the insured and with respect to b. The applicable limit of insurance of any Coverage A, the "underlying insurer") that "other insurance" that applies. is entitled to claim the remainder, if any. The limits of insurance in any policy of 3. Expenses incurred in the process of recovery underlying insurance will apply even if: will be divided among all persons or organizations receiving amounts recovered a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent. 1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" and not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individual afforded under an auto policy of "underlying Named Insured. insurance" would apply but for the exhaustion 2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts or while acting within the scope of duties as your programs stored as or on, created or used on, legal representative. Until your legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software), proper temporary custody of your property will hard or floppy disks, CD-ROMs, tapes, drives, have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically V. UNINTENTIONAL OMISSION OR ERROR controlled equipment. The unintentional omission of, or unintentional error 4. "Event" means an "occurrence", offense, in, any information provided by you which we relied accident, act, error, omission, wrongful act or upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provision S. "Extended reporting period" means any period does not affect our right to collect additional of time, starting with the end of the policy premium or to exercise our rights of cancellation or period of your claims-made insurance, during nonrenewal in accordance with applicable which claims or "suits" may be first made, insurance laws or regulations. brought or reported for that insurance. W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses to If we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after: policy of Commercial General Liability 1. The insured's liability is established by: "underlying insurance" applies. a. A court decision; or 7. "Other insurance" means insurance, or the b. A written agreement between the claimant, funding of losses, that is provided by, through or on behalf of: the insured, any "underlying insurer" and us; and a. Another insurance company; 2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group; Page 16 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: UB8NO81916 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 0116/2024 ST ASSIGN: 6808NO53272 Marquess&Associates COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and "professional services". (2) The "personal injury" for which coverage is In the event that the Limits of Insurance of the g sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission