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HomeMy WebLinkAbout2025-147 AGRMT Carlson Construction "'' f - -�CITV 0V AS MA N D 'Goods rand Seavices Agreement City Information Contractor Information City of Ashland Firm Name: Carlson Construction Attn: Rick Barton Contact: Brent Carlson 90 N. Mountain Ave. Address: 1234 Corona Ave. Ashland, Oregon 97520 Medford, OR 97504 Phone: (541) 552-2082 Phone: (541) 773-3035 Email: ricic.barton@ashland.or.uS Email: bcarlsonconstrt.lction@hotmail.com Contract Summary Procurement Method: Direct Appointment Completion Date: 12/31/2025 ! j Contract Amount: $ 24,800.00 Twenty four thousand, eight hundred dollars Description of services: Directional drilling and conduit installation on N. Main St. i Supporting Documents: Bid Proposal Dated: 03/06/2025 I Dated: j Dated: Dated: 1 This Goods and Services Agreement (hereinafter Agreement) is entered into by and between the j City of Ashland, an Oregon municipal corporation (hereinafter"City") and the Contractor listed under I j Contractor Information above, (hereinafter"Contractor"), for the services listed under Description of ( j Services and the Supporting Documents as noted in the Contract Summary above. I This Agreement and the Supporting Documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the Supporting i Documents. In the event of conflict between provisions of the Supporting Documents,the Supporting Documents shall be given precedence in the order listed above.The Contractor's initials €f ]herein j signify acknowledgment and agreement to this provision, if applicable,or if not sign "N/A". i 1' I The goods and services defined and described in the Supporting Documents shall hereinafter be 1 collectively referred to as"Work." j i I Page 1 of a: Goods and Services Agreement between the City of Ashland and Carlson Construction 1. Term and Termination 1.1. Term. This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date") and shall continue in full force and effect until the Completion Date indicated in the Contract Summary on page one of this Agreement unless sooner terminated as provided in Subsection 1.2. 1.1. Time is of the essence, Time is of the essence for Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this Agreement if Contractor fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. 1,2. Termination 1.2,1. The City and Contractor may terminate this Agreement by mutual agreement at any time, 1.2.2. The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 1.2.3. Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice, Such termination is in addition to and not in lieu of any other remedy at law or equity, 2. Compensation 2.1. City shall pay Contractor the sum listed as the "Contract Amount" in the Contract Summary on page one of this Agreement as provided herein as full compensation for the Work as specified in the supporting documents. 2.2. In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the "Contract Amount" listed in the Contract Summary without express, written approval from the appropriate Department Head or City Manager. Contractor acknowledges that any work delivered, or expenses incurred without authorization as provided herein is done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. 3. Contractor's Obligations 3.1. Performance. Provide the goods or services as set forth in the Supporting Documents attached hereto and, by this reference, incorporated herein, 3.2. Nondiscrimination. Contractor agrees that no person shall, on the grounds of race, color, religion,creed,sex,marital status,familial status or domestic partnership,national origin,age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business, a business that a service-disabled veteran owns or an emerging small Page 2 of 8: Goods and Services Agreement between the City of Ashland and Carlson Construction business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 3.3. Subcontractor Notification. In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 3A. Living Wage Requirements. If the amount of this Agreement is $26,429.66 or more, Contractor is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Contractor is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 4. Contractor's Compliance with Tax Laws 4.1. Contractor represents and warrants to the City that: 4.1.1. Contractor shall, throughout the term of this Agreement,.including any extensions hereof,comply with: All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; • Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and • Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 4.1.2. Contractor further certifies that contractor is not in violation of any Oregon tax laws referenced in ORS 305.380(4). 4.2. Tax Compliance Breach. Contractor's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law,or in equity. 5. Insurance. Contractor shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall include: 5.1. Commercial general liability --with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence and$3,000,000 (three million dollars) in the aggregate for Bodily Injury and Property Damage. Page 3 of 8: Goods and Services Agreement between the City of Ashland and Carlson Construction I 5,2, Commercial Automobile Liability -- 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 and non-owned vehicles. 5,3. Additional forms: (See Attached) j 5.4. Worker's Compensation. Contractor shall, at its own expense, maintain Worker's !I Compensation Insurance in compliance with ORS 656.017,which requires subject employers I to provide workers' compensation coverage for all of its subject workers, As evidence of the insurance required by this Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any Work with limits not less than $500,000. 5A.1, Workers' Compensation Exemption: If applicable, Contractor affirms and certifies that it is exempt from providing Workers' Compensation per ORS 656.027, I Exemption criteria: Contractor initials if exempt: Date: 6. Additional Insured/Certificates of Insurance. The Contractor shall name the City of Ashland, Oregon, along with its elected officials, officers, and employees, as Additional Insureds on all insurance policies (excluding Professional Liability and Workers' Compensation) necessary for this Agreement,This inclusion applies solely to the services provided by the Contractor under this Agreement. The Contractor's insurance must be primary and non-contributory. Before commencing work, the Contractor must provide acceptable insurance certificates as proof of the required coverage. These certificates must specify all parties included as additional Insureds, treating each named and additional named insured as if they were covered under separate policies, without increasing policy limits. Insuring companies or entities must be accepted by the City. Upon request, the Contractor must provide complete copies of insurance policies and trust agreements to the City.Additionally,the Contractor must provide an endorsement naming the City, its officers,employees, and agents as additional insureds by the Effective Date of this Agreement, accompanied by approved certificate(s)of insurance, 7. Indemnity. Contractor shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor or its officers, employees,contractors, or agents under this Agreement. 8. Notice Whenever notice is required or permitted to be given under this Agreement, such notice shall be given In writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid,to the addresses set forth above with a copy to: € City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5350 € € E I € Page 4 of 8: Goods and Services Agreement between the City of Ashland and Carlson Construction i 6. Remedies 6.1. In the event Contractor is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to It under this Agreement and at law or in equity, including, but not limited to: 6.1.1, Termination of this Agreement. 6.1.2. Withholding all monies due for the Work that Contractor has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively. 6.1.3. Initiation of an action or proceeding for damages,specific performance, or declaratory or injunctive relief. 6.1 A. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 6.2. Default: The Contractor shall be in default of this Agreement if Contractor: 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, without written authorization by the City, attempts to assign rights in,or delegate duties under,this Agreement. 6.3. Liability Limitation.In no event shall City be-liable to Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor shall pay immediately any excess to City upon written demand provided. 7. General Provisions 7.1. Non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other Contractors in its sole discretion. 7.2. Independent Contractor Status. Contractor is an independent contractor and not an employee or agent of the City for any purpose. 7.3. Statutory Requirements. The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 2798.220,27913.230 and 2798.235 7.4. Assignment. Contractor shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. Page 5 of 8: Goods and Services Agreement between the City of Ashland and Carlson Construction i I i i 7.5. Force Majeure. Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents, i 7.6. Deliveries F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods, Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties, i I 7.7. Goods Rejection. The City may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time,the City may reject the Goods and cancel this Agreement in whole or in part, This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 7.8. Goods Warranty Representation. Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer, Delivered Goods will comply with Supporting Documents and be free from defects in labor, material and manufacture. i Contractor shall transfer all warranties to the City. 7,9. Waiver of Breach. One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature, 3 7.10. Jurisdiction.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 I this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction.is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 7.11. Severance. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Contractor and the City set forth in this Agreement, 8, 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 1 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. Contractor, 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. 3 3 Page 6 of 8; Goods and Services Agreement between the City of Ashland and Carlson Construction 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: Carlson Construction(CONTRACTOR): By: C' � Relit CaHsoli y — By. Signature Signature 0, CQ���t�TT Brent Carlson Printed Name Printed Name Date President Title 06/16/2025 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Page 7 of 8: Goods and Services Agreement between the City of Ashland and Carlson Construction CITY OF 1 OREGON City of Ashland LIVING ALL • • WAGE belowcomply• laws regulating •. of • 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 401K,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 Y If their employer is the City of to the first 1040 hours worked Y For all hours worked in a Ashland, Including the Parks in any calendar year. For month,if the employee and Recreation Deparfinent. more details, please see spends 50%or more of the Ashland Municipal Code employee's time in that month Y 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. -`=- C I T Y OF -ASIHLAND Carlson Construction Mailing: PO Box 1503 Medford OR 97501 Office: 1234 Corona Avenue Medford, OR 97504 541-773-3035 Cell: 541-601-3849 CCB# 173889 Email: bcarlsonconstruction@hotmail.com Bid proposal DATE SUBMITTED:3/6/2025 Bid amount : $24,800.00 Required Deposit: Bid Submitted to: WORK TO BE PERFORMED AT: Customer: City of Ashland (Electrical) Address: N. Main Street Lights Address: City:Ashland City: Phone: Phone: Rick Email: Phase 2: This bid is to directional drill starting at location H5058202, heading North, under the sidewalk, heading to location H5058368 (about 225 ). We will pull in (1) 2" conduit for others to pull in power through. We will supply 90's to turn up at the designated locations, we will install ground boxes in those locations supplied by the city. All pot holing, asphalt removal, concrete removal, and traffic control is included. Asphalt and concrete repairs to be done by the city. We will backfill all excavated areas with 3/ minus and compact until the city can make those repairs. �/I�/ Signature Date of Acceptance Page 1 of 1 CC)IR" DATE JMM/DDFYYTYj- CERTIFICATE OF LIABILITY INSURANCE 08/17/2024 THIS CERTIFICATE 15 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 li 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 pollcy(18s) must have ADDITIONALINSURED—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 Ileu of such andorsement(s). PRODUCER NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY I HNE FAX HOME OFFICE:P.O.BOX 328 (PAICO,No,Ext):808-333-4949 (A ,no):507-446A664 OWATONNA,MN 55060 E*MA"ADDRESS; CLIENTCONTACYCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# insuriEn A;FEDERATED RESERVE INSURANCE COMPANY 16024— INSURED INSURER Ell CARLSON CONSTRUCTION PO BOX 1503 INSURER C: MEDFORD,OR 97501.0112 INSURER 0: INSURER 9; INSURER F; COVERAGES CERTIFICATE NUMBER:0 REVISION NUMBER:0 THIS IS TO CERTIFY THAT THE POLICIES 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, I R ADDLISXDRI POLIO N TYPE OF INSURANCE INSR POLICY NUMBER _LMMID EFF POLICT,EXP LIMITS yyyy) IMMIDo yyyy X COMMERCIAL ORNERALLIASILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE FX-1OCCUR rd.W AOIC TD".1ENTED PREMISES $100,000 MED EXP lAny one person) EXCLUDED A Y N 9837473 10/06/2024 10/06/2025 PERSONA L&ADV-INJURY $1,000,000 -'6ENt AGOREGATE LIMIT APPLIES PER: GENERAL AOOREGATE $2,000,000 DE n0i nLOC PRODUCTS&COMPIOP ACC $2,000,000 I POLICY C OTHER: I I I I AUTOMOBILE LIABILITY MSIPED 61NOLC LIMIT Me ace dam) $1,000.000 ANY AUTO BODILY INJURY(P or Person) A OWNED AUTOS ONLY R8V.8DULED Y N 9037473 710/06//2024 10/06/2025 BODILY INJURY(Par Accidant) HIRED AUTOS OWINLY AOTN&OT&D I I LY r11R-O,PA%Mdy,,�AMA0E UMBRELLA LIAR X OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LIAB CLAIMS-MADE Y N 9837474 10/06/2024 10/06/2025 AGGREGATE $5,000,000 DED RETENTION WORKERS COMPENSATION --- — -AND EMPLOYERS'LIABILITY YIN PER STATUTE OTHER ANY PROPRIET0111PARTNERI EXECUTIVE E E.L EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L DISEASE-EA EMPLOYEE It yea,deserlba under DESCRIPTION OF OPERATIONS below E.LDISEASE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddIflonal Remarks ScliedUle,may be allAdied ilmora space Is roquIrad) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAWD- 20 E MAIN ST 8 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ASHLAND,OR 97520.1814 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL HE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (D 1980.2016 ACORD CORPORATION.All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED '.. FEDERATED MUTUAL INSURANCE COMPANY CARLSON CONSTRUCTION PO BOX 1503 POLICY NUMBER MEDFORD,OR 97501-0112 _ SEE CERTIFICATE#8.0 CARRIER NAIL CODE EFFECTIVE DATE;SEE CERTIFICATE 8.0 SEE CERTIFICATE#8.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENDORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. ACORD 101 (2008101) ©2008 ACORD CORPORATION.All rights reserved, The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies |omumnoo provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage pr6vldod by this endorsement, the provisions of the Coverage Form apply uo|oos � modified by the endorsement. � � A. WHO IS AN INSURED for"bodily injury"and "property damage" liability Is amended to include: � Any person or organization other than u joint venture, for which you have agreed by written contract to procure bodily Injury or property damage "auto' liability |nuumnno arising out v[ operation of covered "auto"with your permission. Howovor, this additional Insurance does not apply to: (i) The owner or anyone o|uo from whom you h|re'or burrow e covered "auto". This exception does notopp|yUthocnvored "auhv"|ou"tm||er"connectmdtnacovanad "auto"yuuown. � (2) Your "employee" If the covered "auto" Is owned by that "employee" or a member vfhis or her household. (3) Someone using a covered "auto' while he or she is working In o bun|oouo of selling, uom|o|og, raPaihx8, parking or storing "autos"unless that bua|oeoa is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a ! limited liability onmpany), or o |eoaoe or borrower or any of their "emp|oyeeo", while moving property haor from o covered "auto'. (6) A partner (if you are a partnership), or o member (If you are a limited liability company) for o covered "auto"owned by him or her ora member ofhis or her household, � D. The coverage extended to any additional Insured by this endorsement is limited to, and subject toall (unno. conditions, and exclusions of the Coverage Part to which this-endorsement is attached. / In udd|Uon, coverage uhoU not exceed the terms and conditions that are required by the terms of the written � agreement to add any |nxumd, or to procure Insurance, C. The Um|h, o/ |nvumnoo appUunNa to such insurance shall be the |oonmr of the Um|b required by the agreement between the parties, or the limits provided by this policy. � | D. Additional axo|voiooa. The Insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To"loss"which occurs prior to the date of your contract with such person or organization; 2. To °i000" arising out of the sole negligence o/ any person or organization that would not be an Insured except for this endorsement. 3. To "loss" for any leased or rented 'auto' when the lessor or his or her agent takes possession of the leased or rented "uuto"or the policy period ends, whichever occurs first. — |mdudno copyrighted material of Insurance Services Office, Inc, with its penn|uo|oo. CAf-127(08-03) Policy Number: 9O87478 Transaction Effective Date: 1006/2024 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodily injury", "property damage" or or agreement that such person or organization be a "personal and advertising injury" arising out added as an additional insured on your policy. Such person or organization is an additional the rendering of, the failure render, any insured only with respect to liability for "bodily professional architectural, engineering or surveying services, including: injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, on our opinions, reports, surveys, field orders, 2. The acts or omissions of those acting Y change orders or drawings and behalf; specifications;or In the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured, engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional Insured: against any Insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others 2. Will not be broader than that which you are by that insured, if the "occurrence" which required by the contract or agreement to caused the -"bodily injury" or "property provide for such additional insured, damage", or the offense which caused the "personal and advertising injury", involved the A person's or organizatlon's status as an rendering of or the failure to additional insured under this endorsement ends when your operations for that additional insured professional architectural, engineering or render any surveying services. are completed. © Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 33 12 19 Policy Number:9837473 Transaction Effective Date: 10/06/2024 3 I I I 2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III -Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; Insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable limits of b. That portion of "your work" out of which insurance; the injury or damage arises has been put whichever Is less. to its intended use, by any person or organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable limits of Insurance, I operations for a principal as a part of the same project. I i gs� i I !EI i 3 E I i I I I 4i Ej F Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 9837473 Transaction Effective Date; 10/06/2024 g� I