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HomeMy WebLinkAbout2012-262 Contract - Knife River CITY RECD ER Contract for Asphalt Patching CITY OF CONTRACTOR: Knife River - ASHLAND CONTACT: David Viscounty 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1145, Medford, OR 97511 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-732-2737 DATE AGREEMENT PREPARED: September 17, 2012 FAX: BEGINNING DATE: October 17, 2012 COMPLETION DATE: October 16, 2013 COMPENSATION: To be determined by competition for jobs based on per unit price quotes submitted every 60 days or as needed for jobs exceeding $2,500.00 GOODS AND SERVICES TO BE PROVIDED: Asphalt Patching Services ADDITIONAL TERMS: Special Procurement (Alternative contracting process) approved by City Council on September 6, 2011. Valid until June 30, 2016. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,890 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Cites Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 1 of 5 ~ sufficient to allow for the purchase of the indicated quantity of services; ii. 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c 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 whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract 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. 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 City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. 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 it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. 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 b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 2 of 5 the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract 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 contract: In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by refere Contracto : City Ashland By D• By ore L;~--°-` ignature Dep rtment Head 0D. ROSS / 7 Ica a N~rZ CHIEF rEPMR0 ame Print Name ~o~ az l lz Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ~Y2o ~3 - ~ti'°k5 Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, 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) Contractor 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. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria/: V (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my 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) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. LTM, Incorporated dba Knife River Materials DU Resources Company Contras CHARL ROSS (Date) CHIEF ESTIMATOR Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 4 of 5 212 345-5000 10/9/2012 2:49:36 PM PAGE 2/011 Fax Server AG'C1R0 ® CERTIFICATE OF LIABILITY INSURANCE °"1awrnH'T 21112 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 be endorsed. N SUBROGATION IS WAIVED, subject to the terns 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 endorsements . CONTACT PRODUCER NAME: Marsh USA Inn. PHONE FAIL 333 South 7th Street, Suite iNXl A/C No 11.0. A/C Na: Minneapolis, MN 55402241X) AOORB55, Attn: mntracl.revewCSS rnarsh.wan INSURERS AFFORDING COVERAGE NAIC# J637511LTM.GAWX.12-13 2010 1037 AI Y INSURER A; Liberty Mutual Fire Ins CO 23035 INSURED INSURER B : Assaceted Elmtric 8 Gas Ins Services Ltd 319(11014 LTM, INCORPORATED Liberty Mutual Insurance Company 23)43 DRA KNIFE RIVER MATERIALS INSURER C : PO BOX 1145 INSURER D: MEDFORD, OR 97501 INSURER E NSURER F COVERAGES CERTIFICATE NUMBER: CH14X)4545.11301 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 POLICY NUMBER MM/OYIYYYY MMI~OMlYY LIMITS LTR A GENERALUABIUTY TB26410050474142 01,112012 OIK)12013 EACH OCCURRENCE S 2,01)0,0100 X COMMERCIAL GENERAL DABILITV PREMISES C. p¢unancs$ 'X%11XX) CLAIMS-MADE M OCCUR MED EXP (My ma parson) $ 10•0w X PER PROJECT AGGREGATE PERSONAL B ADV INJURY $ 2,000(X10 GENERAL AGGREGATE $ 4,fNN1•(X70 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,(XX)O(X) POUCY PRO LOC $ A AurOMOBILE IIABIUTY AS26411115M7052 01A)112012 01/012/113 OIABINenl 2'111).000 % ANY AUTO BODILY INJURY (Par parson) $ ALL OWNED SCHEDULED BODILY INJURY (Par accident) S Al AUTOS NON-OWNED PROPERTY DAMAGE $ % HIREDAUTOS % AUTOS Per scud. t B UMBRELLA LAB OCCUR XLS(16.I401P 1111012012 01AW2013 EACH OCCURRENCE $ 5(1(%),1X10 AGGREGATE $ 5'fX10(XX) X EXCESS LIAB CLNMSMADE DED RETENTION$ S C WORKERS COMPENSATION WC7E41-005097-022 (Guar. Cost) 01,112012 017)12013 % WC sTATU- OTH- ANDEMPLOYERS' LIABILITY YIN WA7.64D405197-0l2(ADS) 01m12012 OIK)12013 10(X),(1(10 C ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMSER ExcWOEn] EN N/A WC7-6414X)iYJ7-032 (OR,WI) 111,112012 01111111013 i C (Mandatory in NH) EL DISEASE - EA EMPLOYE $ 'IXl0'0[I[I n os,dasrnMUrdar Indudes'S Cap" E. DISEASE - POLICY LIMIT $ 1,000,000 SCRIPTION OF OPERATIONS belnw DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 1111, Addluanal Remarks Sch.d le, If mare space is raqulosu Re: All Operations City of AMlard islam inducted as additbnal insured Under general Ilaslity, per the anal CG 2010 and CG 2037 endorsements and does not include professional Halley Coverage. Blanket Additional Insured far Aulonnbile Lability is includad parAttached designated Insured Emimswnenl CA 3)48. Ellress liability applies togeneral liability, products aril competed ope Mons, autrnonl, Ishii and empnyers liability. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Karl Olson, Pun:hasirN Representative THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN W N. Mountain Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Ashlard, OR 9753) AUTHORREO REPRESENTATIVE - of Marsh USA Inc. Manashi Mukherjee -Ma'wanM.s$4.~'r~->n~h}u ®1988-2010 ACORD CORPORATION. All rights reserved. AC ORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 212 345-5000 10/9/2012 2:49:36 PM PAGE 3/011 Fax Server Policy Number AS2-641-005097-052 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE.PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Email Addressor mailing address: Number Days Notice: Organization(s): Per Schedule on file with the 90 company A If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or .organizations shown in the Schedule above. We will send notice to the. email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as 'a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Ali other terms and conditions of this policy remain unchanged.. LIM 99 01.05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 212 345-5000 10/9/2012 2:49:36 PM PAGE 4/011 Fax Server Policy Number TB2-64 1-005 097-04 2 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY. COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) ! Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on file with the 90 company A If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and condHions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 212 345-5000 10/9/2012 2:49:36 PM PAGE 5/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. 8. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such, advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) I Email Address or mailing address:. - Number Days Notice: Organization(s): Per Schedule on file with the 90 company All.other terms and conditions of this policy remain unchanged. Issued by LIBERTY INSURANCE CORPORAL ION For attachment to Policy No. WC7-641-005097-032 Effective Date 01101 /2012 Premium $ Issued to - - WM 80 18 06 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/0112011 All Rights Reserved c 212 345-5000 10/9/2012 2:49:36 PM PAGE 6/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed, below at least 10 days; or the number .of days listed below, if any,. before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such, advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) I Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule on file with the 90 company All.other terms and conditions of this policy remain unchanged. - Issued by LIBERTY INSURANCE CORPORATION For attachment to Policy No. WA7-6413-005097-012 Effective Date 0 1 /0112 012 Premium $ Issued to WM 90 1806 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/0112011 All Rights Reserved 212 345-5000 10/9/2012 2:49:36 PM PAGE 7/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason-other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed. below at least 10 days; or the number of days listed below, if any, .before. cancollation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure .to provide such. advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)! Emall Address or mailing address: Number Days Notice: Organization(s): Per Schedule on file with the 90 company All.otherterms and conditions of this policy remain unchanged. Issued by LIBERTY INSURANCE CORPORATION For attachment to Policy No. WC7-641-005097~(322 Effective Date 01101 /2012 Pmemium $ Issued to WM 90 18 G6 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved 212 345-5000 10/9/2012 2:49:36 PM PAGE 8/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement : identities person(s)or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsemeni does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Any person or organization whom you have agxeed in writing to add as an additional Organ izati on (s): Insured- but only to coverage and nummum smuts Vf insurance required by the written agreement and in no event to exceed either the scope of covexage ox the limos of insurance prodded in this policy. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage.Form. Poliry No: A52-641-005097-052 lsstred Hy: Liberty'Mutual Fixe Inauance Company Effective Date: 1(112012 Expiration Date: 1/112013 CA 20 49 02 99 Copyright, Insurance .5ervices Office, Inc., 1998 Page f of 1 212 345-5000 10/9/2012 2:49:36 PM PAGE 9/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFfIJLLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insursnce proAd&d under the foi Gwinc: CONIAERCIAl- GENERAL LIABILISY COVERAGE PART SCHEouLE Name Of.Additional Insured.Person(s) Location(s) Of Covered Operations Or.Or anization s): Any owner. lessee or contractor for whom you have agreed in writing prior to a loss to provide liability insurance I I Information r ' uired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It - Who Is An Insured is amended to B. With respect to the. insurance afforded to these include as an additional insured the porson(s) or additional Insureds, the f0owinq additional exclu- organiz2tion(s) shown in the Schedule, out only sions applyr with respect ie liability for "bodily injury', "property Tliis.insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" „property darn age'':occurring after: caused, in wf,61e or in par:, by: 1, Ay %N;QA, including materals, parts cr ecuip= Your acts or orniss uns;. of men', furnished in connection Pith such wom. 2. The arts or omissions of hose acting co your an the project (other than service, maintenar:C0 beha'=; or repairs) to be performed by or on behalf of in the performances of your ongoing operaUum for the additiU+tal iitsur6cl(s) at the 1oCatior7 pi the I ' ortd.op ratmnI .:-npll r-'d` <;I' L. .i~31E7 i~}1.' I;ar!i Uti; i! t7i , n..<elfr?;l~ct S:y- - . O'9ip.d 3rG'J!,'. CG.20'10 07 04 !SO Properties.: trio.. 2004, Page 1 of 2 212 345-5000 10/9/2012 2:49:36 PM PAGE 10/011 Fax Server 2. That portion of "your .cork" out of .which the i!:jury or damage arises has been put ;o iCS in- tonded use by any porton or orpiizotan other than arother contractor or subcontractor en- gaged in pe,'orming operarons for n Principe! as a part of the same projact. Tris endarstmsnt is eie ctod by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Prefrtium 5 Effecilye Date Emrabon Date For attachment to Policy Ne. 162-.641-005097-04'2 Aidit Bas!s s5ued To COlifltEr$I'jPerf ~y ,tt .nay.' Fepresan wa Issued SvIas 0(fic, and No SCnia: No. Page 2 of 2 J ISO Properties, Inc., 2004 CG 20 10 07 04 212 345-5000 10/9/2012 2:49:36 PM PAGE 11/011 Fax Server THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement; modifiesinsuranee provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s): Any person or organization for whom you have agreed in writing prior to a loss to provide liability insurance: Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury or "property dam- age" caused, in whole. or in part, by your work" at the location designaled and described in the sched- tile. of this. endorsement performed fnr'that additional insured and included in the "products completed operations hazard': This endorsement Is execrated hylhe LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 111/2012 Expiration Dare 11112013 For attachment 10 Policy No. TB2.641-005097-042 Audit Basis Issuer To I CG 20 37 07.04 Oc ISO Properties, Inc., 2004 Page t of 1