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HomeMy WebLinkAbout2026-001 AGRMT Gary Caperna Architect LLC C I T V a F Personal Services Agreement As" LAND City Information Consultant Information City of Ashland Firm Name:Gary Caperna Architect LLC Attn: Chance Metcalf Contact: Gary Caperna 20 E. Main Street Address: 1966 Lampman Road Ashland, Oregon 97520 Gold Hill, Oregon, 97525 Phone:(541)488-5587 Phone: (541)840-5123 Email: CHANCE.METCALF@ASH LAN D.OR,US Email: gary@garycaperlla.com Contract Summary Procurement Method: Direct award Completion Date: 06/30/2026 Contract Amount: $4,000.00not to exceed Description of Services: Community Development Building— Interior Office Alterations - Design Supporting Documents: Agreement Between Owner and Archite Dated: 12/10/25 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 con ' provisions in any of the exhibits or supporting documents. The Consultant's initialer herein signify acknowledgment and agreement to this provision, if applicable, or if not sign "NIA". 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 Gary Caperna Architect LL,C 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 Gary Caperna Architect LLC 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: j-2fZz:;' 4.3. Professional Liability insurance with a combined single limit, or the equivalent, of not Contractor auto insurance less than $2,000,000 (two million dollars) per occurrence. This is to cover any damage of$1,000,000 million as caused b omission negligent acts to the Work to be provided under this reflected in pdf is y error, om on or ne g gen s re acceptable to City,see Agreement. P D F p.16.-1.8.25, Carmel zanran 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 mage. 4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $ o 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 Gary Caperna Architect LLC 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 Gary Caperna Architect LLC 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 6.1, 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 Gary Caperna Architect LLC 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. 10A. 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 Gary Caperna Architect LLC 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 Gary Caperna Architect LLC 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: Gary Caperna Architect LLC (Consultant) By: s , ignature l •L , 2025•. Date Printed Name Title Purchase Order No. Date is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney 1 .8.25 Date Page 8 of 8 Personal Services Agreement Between the City of Ashland and Gary Caperna Architect LLC Ashland,City of Oregon City of Ashland LIVING ALL employers described below must comply WAGE livingwith City of , . . wage. • E per hour, effective June 30, 2025M The Living Wage.is adjusted annually every June 30 by the Consumer Price Index. a project or portion of the 401K, and IRS eligible _ business of their employer, if cafeteria plans (including the employer has ten or more childcare) benefits to the employees, and has received employee's amount of wages. ➢ For all hours worked under a financial assistance for the service contract between their project or business from the ➢ Note: For temporary and part- employer and the City of City of Ashland over$27,163. time employees, the Living Ashland if the contract Wage does not apply to the exceeds$27,163 or more. ➢ If their employer is the City of first 1040 hours worked in any Ashland, including the Parks calendar year. For more ➢ For all hours worked in a and Recreation Department details, please see Ashland Municipal Code Section month,if the employee spends ➢50%or more of the employee's In calculating the living wage, 3.12.020. employers may add the value time in that month working on of health care, retirement, For additional information-. Call the Ashland City Managers office at 541488-6002 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 0 r 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. f Ali (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. �l (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 Consult t' ure ©ate Page 1 of 1: Exhibit C Gary Caperna.. Architect LLC AIA Gold Hill,Oregon,97525 541-840-4123 Agreement Between Owner and Architect AGREEMENT made as of the 101"day of December in the year 2025 BETWEEN the Owner: City of Ashland 51 Winburn Way Ashland,Oregon,97520 <citymanageroffice@ashiandoregon.gov> (541)488-5305 And the Architect: Gary Caperna Architect LLC 1966 Lampman Road Gold Hill,Oregon,97525 <garY@garYcaperna.com> (541)840-4123 For the following Project: Ashland Community Development Facility Interior Alterations 51 Winburn Way Ashland,Oregon,97520 Property Tax Lot: 39-1W-09613 Lot 14800 Description: Acreage: 0.38 ac Site Address: 51 Winburn Way,Ashland OR,97520 ARTICLE 1.ARCHITECT'S RESPONSIBILITIES: The Architect shall provide architectural services for the Project as described in this agreement.The Architect shall perform its service consistent with professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.The Architect shall assist the Owner in determining consulting services required for the Project. Gary Caperna, Architect LLC AIA . •• Gold Hill,Oregon,97525 541-840-4123 During the Design Phase,the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements,the Architect shall develop a design,which shall be set forth in drawings and other documents appropriate for the Project. Upon the Owner's approval of the design,the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides.The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining bids or proposals,and in awarding contracts for construction. During the Construction Phase,the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor.The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work.The Architect will not have control over or charge of,and will not be responsible for,construction means, methods,techniques,sequences, procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's responsibility.The Architect will not be responsible for the contractor's failure to carry out the Work in accordance with the Contract Documents. Architect shall provide Construction Documents prepared in sufficient detail and scope as necessary for the bidding,permitting and construction for the Project described above.Architect anticipates that the Construction Document drawing set will generally consist of the following: Cover Sheet: • Building Code Compliance Analysis • Vicinity Map site location • Overall Building plan locating work areas • General Notes Plan Sheet(s): • Floor Plan • Reflected Ceiling Plan • Interior elevations • Door,window and finish specifications Detail Sheet(s): • Standard wall detail(s)with base anchorage and seismic bracing • Standard metal stud framing details • Standard suspended acoustic ceiling details • Doorjamb and head details • Window jamb and head details Gary p Ca erna, Architect L,LC AIA Gold Hill,Oregon,97525 541-840-4123 Additionally:Architect will show HVAC and Electrical components for the purposes of location only. Specialty Subcontractors to determine design, means, methods and installation to meet or exceed all applicable Building Codes. ARTICLE Z.OWNER'S RESPONSIBILITIES: The Owner shall provide full information about the objectives,schedule,constraints and existing conditions of the Project,and shall establish a budget that includes reasonable contingencies and meets the Project requirements.The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project.The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information.The Owner shall furnish consulting services not provided by the Architect, but required for the Project,such as environmental/hazardous material survey and testing.The Owner shall employ a Contractor, skilled in the type of Project to be constructed,to perform the construction Work and to provide price information. ARTICLE 3. USE OF ARCHITECT'S DRAWINGS SPECIFICATIONS AND OTHER DOCUMENTS: Drawings,specifications and other documents prepared by the Architect for this Project are the Architect's Instruments Service and are for the Owner's use solely with respect to constructing the Project.The Architect shall retain all common law,statutory and other reserved rights, including copyright. Upon completion of the construction of the Project, provided that the Owner substantially performs its obligations under this Agreement,the Architect shall grant to the Owner a license to use the Architect's Instruments of Service for maintaining,altering and adding to the Project.The Owner agrees to indemnify the Architect from all costs and expenses related to claims arising from the Owner's use of the Instruments of Service without retaining the Architect. When transmitting copyright- protected information for use on the Project,the transmitting party represents that it is either the copyright owner of the information,or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4.TERMINATION SUSPENSION OR ABANDONMENT: In the event of termination, suspension or abandonment of the Project by Owner,the Architect shall be compensated for services performed.The Owner's failure to make payments in accordance with this agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days'written notice if the project is suspended for more than 90 days,or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion of the Project. Gary p Ca erna, Architect LLC A I A Gold Hill,Oregon,97525 541-840-4123 ARTICLE 5. MISCELLANEOUS PROVISIONS: This Agreement shall be governed by the law of the place where the Project is located. Neither party to this Agreement shall assign the contract as a whole without the written consent of the other. The Architect shall have no responsibility for the discovery, presence,handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. Nothing contained in this Agreement shall create a contractual relationship with,or cause of action in favor of,a third party against the Owner or the Architect. Owner agrees that payment of fees stated in this Agreement are not contingent upon funding,financing, payment and/or approvals by any third party. The terms and conditions of this Agreement may be modified or amended as necessary only by written instrument signed by both parties. By signing this Agreement, I indicate that I understand,agree to and accept the terms and conditions as contained herein,dated Date of Agreement. ARTICLE 6.PAYMENTS AND COMPENSATION TO THE ARCHITECT: Owner agrees to pay Architect the following Compensation: • $2,500.00(Two Thousand Five Hundred dollars)fixed fee for the services as described above. • Processing of Requests For Additional Information(RFI)$150.00 each. • On Site meetings$250.00 each. Payments are due and payable upon the receipt of the Architect's monthly invoice.Amounts unpaid thirty(30)days after the invoice date shall bear interest from the date the payment is due at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner,the Architect shall provide additional services not included in Article 1 for additional compensation. Such additional services may include, but not limited to, providing of coordinating services not identified in Article 1; revisions due to changes in the Project scope,quality or budget, due to Owner-requested changes in the approved design;evaluating changes in the Work and Contractors'requests for substitutions of materials or systems;providing services necessitated by the Contractor's failure to perform;and the extension of Architect's Article 1 services beyond twelve(12) months of the date of this Agreement through no fault of the Architect. Payments should be made payable to: Gary Caperna Architect LLC 1966 Lampman Rd Gold Hill,Oregon 97525 7. LIABILITY Of PARTIES: Gary Caperna, Architect LLC A I A := Gold Hill,Oregon,97525 541-840-4123 The Owner's liability hereunder shall be limited to amounts due the Architect for services rendered or reimbursable expenses actually incurred. In case of termination,the Owner shall not be liable for lost profits or other direct or indirect damages. The Architect,Architect's consultants, nor their gent or employees shall be jointly,severally or individually liable to the Owner for negligent errors and omissions,and for other breaches by the Architect of the agreement, provided that(a)the Architect has been paid all amounts due under this agreement and(b)the amount of such liability shall in no event exceed the amount so paid.The Owner and Architect waive all rights against each other for damages if and to the extent that they are reimbursed for such damages by property insurance,A similar waiver of subrogation will be included in the construction contract for the Project. This Agreement entered into as of the day and year first written above. Architect: Gary Caperna Signature: Date: 2� Owner: City of Ashland Authorized Signature: Date: FDATE(MMMWYYY) A�V CERTIFICATE OF LIABILITY INSURANCE 12r17125 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 pDlicy(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 ondorsemenl s. PRODUCER CONYA NAME: Seth Riddell KRAFT INSURANCE BROKERAGE PHONE 530 356-1008 FAX NO: 2095 Hilltop Drive,Suite A ODRE • seth kraftib.com Redding,CA 96002 INSURERS AFFORDING COVERAGE 14AIC s INSURER A: Hartford Underwriters Insurance Co At XV INSURED INSURERa: Hartford Fire Insurance Company A+XV Gary Caperna Architect,LLC INSURERc: 1966 L.ampman Road INSURER0: Gold Hill,OR 97525 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INISL7 R TYPE OF INSURANCE BR POLICY EFF POLICY EXP POLICYNOMBER MIND LIMITS X COMMERCIAL GENERAL UABtUTY EACH OCCURRENCE 11000,000 CLAIMSMADE X OCCUR PREIiISEs a °e> 5 1 000 000 ABED ExP One rsco s 10,000 A Y Y 578BABABTMF 10112/2025 10/1212026 PERSQ%4L4ADVINJURY S 1000000 GEN'L AGGREGATE LIMIT APPLIES PER.- GENERAL AGGREGATE S 2,000,00 HPOLICY JPECT LOC PRODUCTS-COMPlOPAGG S 2000000 OTHER: $ AIrrOMOBILEtu1BIIITY cEOMBa EE°{s'NGtELlMff s 1000000 ANY AUTO BODILY INJURY(Per Person) $ NED SCHFOULF0 A AAUTOSONLYH AUTOS Y Y 57SBABA8TMF 1011PJ2026 10112)2D26 BOOILY INJURY(Pet accideol) $ HIREO X AUTOSONLY ANUTOSQNLEY PPRBOPERTY GE 5 S UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAWS-MADE - AGGREGATE S '... DED RETENT C $ WORKERS COMPENSATION PER OT}E- '.. AND EMPLOYERS'LIABILITY TA E ANY PROPRIETORIPARTNER/EXECUTwE YIN E.L-EACH ACCIDENT S OFMERJMEUKR EXCtuoE07 N 1 A (Mandatory In NH) E_L DISEASE-EA F.JAKOYE 5 I 5,desv�e tmd8r DESCRIPTION OF OPERATIONS b0ow I E.L.DISEASE-POLICY LIMIT S Professional Per Claim $1,000,000 B Liability 57OH0895665 1011212025 1011=026 Aggregate $2.000,000 OESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,AddMonal Remarks Schedule,may be attached If more space Is required) Project:All Operations of the Named Insured The City of Ashland and Its officials,officers,agents,employees and scheduled volunteers are Included as additional Insureds for general and auto liability for the coverages afforded herein where required by written contract for the services of Gary Caperna Architect,LLC.Coverage Is primary and non-contributory and Includes waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS, Ashland,OR.97520 AUTHORIZED REPRESENTATM 01988-2015 COR RPORATION. All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD