HomeMy WebLinkAbout2012-285 Contract - Kittelson & Associates
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT: Kittelson & Associates, Inc.
ASHLAND CONTACT: Susan Wright, PE
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 610 SW Alder St. Suite 700, Portland, OR 97205
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 503-228-5230
DATE AGREEMENT PREPARED: 11/7/2012 FAX: 503-273-8169
BEGINNING DATE: 10/1/2012 COMPLETION DATE: 10/1/2013
COMPENSATION: Time and materials not to exceed $8,000.
SERVICES TO BE PROVIDED: Post construction engineering services as stated in the attached scope of
work included as exhibit C.
ADDITIONAL TERMS: N/A
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service 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.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service 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.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $19,494 or more. Consultant 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 service work under
this contract. 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. Indemnification: Consultant 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 Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant 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.
10. Termination:
a. Mutual Consent. This contract may be terminated at an time b mutual consent of both parties.
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b. City's 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 Consultant, or at such later date as may be established by City under any of the following
conditions:
i. 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;
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 Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant 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, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant 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 Consultant for work performed prior, to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant 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. 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 shall not create any
contractual relation between the assignee or subcontractor and City.
13. 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 it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant 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.
14. Insurance. Consultant 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. Professional 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 claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
C. 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.
d. 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.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
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intent nat to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. 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 required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. 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
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. 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 Consultant 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. Consultant, 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.
16. 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.
CONSULTANT, 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.
17. 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. Consultant
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 Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant' Q City of Ashland
By 1C ~ By Q ZA l,-
Signature Department ead
~ A-✓ i j> L . A/t I L LS
Print Name Print Name
n P t 123sT1oNs nn/ktV H G1-(L- l\ K} L
Title . Date
W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No.
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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) 1 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.
Contractor (Date)
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EXHIBIT C
''-<'7
KITTELSOW & ASSOCIATES, INC.
1 T R A N S P O R T A T I O N E N G I N E E R I N G /PLANNING
610 SW Alder Street, Suite 700, Portland, OR 97205 P 503.228.5230 P 503.273.8169
November 8th, 2012 Project 11310.06
Mike Faught
City of Ashland, Public Works Department
51 Winburn Way
Ashland, OR 97520
RE: Scope of Work and Estimate for Miscellaneous Transportation Engineering Support
Dear Mr. Faught,
.This letter contains a scope of work and cost estimate to provide miscellaneous transportation
engineering support services to the City of Ashland. Work anticipated under this agreement is likely .
to include post-construction support related to the North Main Street Road Diet such as operations
review, data collection and summary, and potential design modifications; however, services under
this agreement are not limited to these items and will be completed at the Cit}/s request on a time &
materials basis.
1 will serve as Project Manager for this work and Marc Butorac will serve as Project Principal. Please
review this proposal at your earliest convenience. If the agreement is satisfactory, please return both
signed copies. One fully executed copy will be returned for your records. If you have any questions,
you can reach me or Marc Butorac at 503-228-5230.
Sincerely,
KITTELSON & ASSOCIATES, INC.
Susan Wright, P.E. Marc Butorac, P.E., P.T.O.E.
Associate Engineer Senior Principal Engineer
FTLENAME• H.' IPRO71-7LEI11310 -ASHLAND FLEX SERVICESI TASK 6 - MISCELLANEOUS TRANSPORTATION ENGINEERING
SUPPORM1310 06 SOW.DOG1
Ashland Flex Services - Miscellaneous Transportation Engineering Support Project p: 11310.06
November 8, 2012 Page: 1
AUTHORIZATION FOR
PROFESSIONAL SERVICES
November 8, 2012
Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700
Portland, Oregon 97205
City of Ashland, OR, with an office at 51 Winburn Way in Ashland, OR 97520 hereby requests
and authorizes Kittelson & Associates, Inc. to perform the services as described in Part "A" - Scope of
Work to this authorization and subject to all of the provisions described in Part "B" Provisions
including the compensation as described in Part B - Sections 12 and 15.
PART A - SCOPE OF WORK
• Miscellaneous Transportation Engineering Services (Time & Materials basis) at City's request.
Work anticipated under this agreement is likely to include post-construction support related to the
North Main Street Road Diet such as operations review, data collection and summary, and design
modifications, however, potential services under this agreement are not limited to these items.
Kittelson & Associates, Inc. Portland, Oregon
Ashland Flex Services - Miscellaneous Transportation Engineering Support Project p: 11310.06
November 8, 2012 Page: 3
PART B - PROVISIONS
1) GENERAL: The terms and conditions set forth herein shall govern all Work subsequently
performed on behalf of CLIENT unless changed by a written agreement signed by KITTELSON &
ASSOCIATES, INC. In case any one or more of the provisions contained in this Agreement shall be
held illegal, the enforceability of the remaining provisions contained herein shall not be impaired
thereby.
2) LIMITATION OF LIABILITY: CLIENT AGREES THAT IN RECOGNITION OF THE RELATIVE
RISKS AND BENEFITS OF THIS PROJECT, KITTELSON & ASSOCIATES, INC.'S AGGREGATE
JOINT, SEVERAL AND INDIVIDUAL LIABILITY,. WHETHER FOR BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, PROFESSIONAL MALPRACTICE OR STRICT
LIABILITY SHALL BE LIMITED TO AN AMOUNT NO GREATER THAN THREE TIMES THE FEES
OBTAINED THROUGH THE PERFORMANCE OF WORK REQUIRED BY THIS AGREEMENT.
THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
3) LIMITATION OF REMEDY: CLIENT COVENANTS THAT IT WILL NOT, UNDER ANY
CIRCUMSTANCES, BRING A LAWSUIT OR CLAIM AGAINST KITTELSON & ASSOCIATES, INC:S
INDIVIDUAL EMPLOYEES, OFFICERS, DIRECTORS OR SHAREHOLDERS AND THAT CLIENT'S
SOLE REMEDY SHALL BE AGAINST KITTELSON & ASSOCIATES, INC.
4) WAIVER OF CONSEQUENTIAL DAMAGES: NEITHER KITTELSON & ASSOCIATES, INC. NOR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO FINES, PENALTIES, LOST PROFITS, WHETHER SAID CLAIM IS BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY
OTHER THEORY OF LAW.
5) INDEMNITY: To the maximum extent allowed by law, CLIENT shall indemnify, reimburse, hold
harmless and defend (with counsel of KITTELSON & ASSOCIATES, INC: s choice) KITTELSON &
ASSOCIATES, INC., its employees, officers, directors and agents from and against all claims, lasses,
costs and expenses resulting from bodily injury or property damage (with the sole exception that
CLIENT will have no duty to indemnify KITTELSON & ASSOCIATES, INC. from claims or losses to
the extent those claims or losses arise from the fault or negligence of KITTELSON & ASSOCIATES,
INC. or its employees or agents).
6) ARBITRATION: CLIENT agrees that any claim or dispute arising out of these terms and
conditions on the Work performed by KITTELSON & ASSOCIATES, INC. shall be resolved by
binding arbitration before a single arbitrator in Portland, Oregon. If the parties cannot agree on
the selection of the arbitrator, each party shall submit the names of three qualified arbitrators
who have agreed to serve as arbitrator to the presiding judge of Multnomah County who shall
select the arbitrator. The arbitrator shall have at least 5 years experience as a licensed civil
engineer. The rights and liabilities of the parties to this agreement shall be governed by the laws
(without regard to choice of law rules) of the State of Oregon. As a condition precedent to serving
a demand for arbitration, CLIENT agrees that it will obtain a written certificate executed by an
independent design professional with similar experience on similar projects and licensed in the
State of Oregon certifying that KITTELSON & ASSOCIATES, INC. failed to meet the applicable
standard of care. Owner shall provide KITTELSON & ASSOCIATES, INC. with a copy of the
Certificate at least 30 days prior to serving a demand for arbitration.
Kittelson & Associates, Inc. Portland, Oregon
Ashland Flex Services - Miscellaneous Transportation Engineering Support Project p: 11310.06
November 8, 2012 Page: 4
7) DIRECT EXPENSES: KITTELSON & ASSOCIATES, INC.'s Direct Expenses shall be those costs
incurred on or directly for the CLIENT'S Project, including but not limited to necessary
transportation costs including mileage at KITTELSON & ASSOCIATES, INC.'s current rate when its
automobiles are used, meals and lodging. Reimbursement for automobiles, meals and lodging,
and any other expenses furnished by commercial sources shall be on the basis of actual charges
plus ten percent.
8) COMMUNICATION FEES: All communication fees including, but not limited to computer services,
telephone, faxes, postage, overnight deliveries, and in-house copies, printing, and binding charges
shall be on the basis of a single per direct labor hour communication fee when furnished by
KITTELSON & ASSOCIATES, INC.
9) PROFESSIONAL SERVICES: KITTELSON & ASSOCIATES, INC. staff is defined as all permanent and
temporary employees, as well as any and all contract labor of KITTELSON & ASSOCIATES, INC. All
KITTELSON & ASSOCIATES, INC., staff will be billed at KITTELSON & ASSOCIATES, INC.'s standard
billing rates.
10) COST ESTIMATE: Any cost estimates provided by KITTELSON & ASSOCIATES, INC. will be on a
basis of experience and judgment, but since it has no control over market conditions or bidding
procedures KITTELSON & ASSOCIATES, INC. cannot warrant that bids or ultimate construction
costs will not vary from these cost estimates.
11)TERMINATION: Either CLIENT or KITTELSON & ASSOCIATES, INC. may terminate this
Authorization by giving 30 days written notice to the other party. In such event, CLIENT shall
,forthwith pay KITTELSON & ASSOCIATES, INC. in full for all work previously authorized and
performed prior to effective date of termination as well as all unavoidable expenses incurred
prior to termination. If no notice of termination is given, relationships and obligations created by
this Authorization shall be terminated upon completion of all applicable requirements of this
Authorization.
12) PAYMENT TO KITTELSON & ASSOCIATES, INC.: KITTELSON & ASSOCIATES, INC. will issue
monthly invoices for all work performed and Direct Expenses incurred in excess of the retainer
amount. CLIENT shall pay invoices within 30 days of receipt. Interest at the rate of 1.5 percent per
month will be charged on all past due amounts, unless not permitted by law, in which case,
interest will be charged at the highest amount permitted by law. KITTELSON & ASSOCIATES, INC.
reserves the right to stop work on projects when payment has not been received within 60 days.
13) ADDITIONAL INSURED: CLIENT shall cause its general liability insurers to name KITTELSON &
ASSOCIATES, INC. as an additional insured and shall require its Contractors performing Work on
this Project to name KITTELSON & ASSOCIATES, INC. as an additional insured on their general
liability and umbrella/excess insurance policies.
14) PROFESSIONAL STANDARDS: KITTELSON & ASSOCIATES, INC. shall only be responsible for
performing its work to the level of competency currently maintained by other practicing
professional engineers performing the same type of work in CLIENT'S community, for the
professional and technical soundness, accuracy, and adequacy of all designs, drawings,
specifications, and other work and materials furnished under this Agreement. KITTELSON &
ASSOCIATES, INC. makes no other warranty, express or implied.
15) AUTHORIZATION TO PROCEED: Signing this form shall be construed as agreement with all
terms and conditions and as authorization by CLIENT for KITTELSON & ASSOCIATES, INC. to
Kittelson & Associates, Inc. Portland, Oregon
Ashland Flex Services - Miscellaneous Transportation Engineering Support Project 11310.06
November 8, 2012 Page: 5
proceed with the work. Signing this form shall also be construed as authorization by CLIENT for
KITTELSON & ASSOCIATES, INC. to invoice CLIENT per the Billing Method and Authorized
Amount shown in the table below, and consistent with Section 12.
Project Phase Billing Method Authorized Amount
6 1 Miscellaneous Transportation Time & Materials $8,000
Engineering Support
SO AGREED this day of 2012.
Accepted for: Approved for:
KITTELSON & ASSOCIATES, INC. CITY OF ASHLAND, OR
Signature Signature
Print Name Print Name
Title Title
Kittelson & Associates, Inc. Portland, Oregon
Client#: 763494 KITTEASC
ACORD.M CERTIFICATE OF LIABILITY INSURANCE DATE IMMNp YYY1
11/2112012
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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Kibble & Prentice, a USI Co PR PHONE 206 441-6300 F 610-362.8528
NC No Eat: NC, No
601 Union Street, Suite 1000 ADDRESS: PL.Certrequest@kpcom.com
Seattle, WA 98101
INSURER(S)AFFORDING COVERAGE NAILK
INSURERA: Hartford Casualty Insurance Com 29424
INSURED INSURER B: Wausau Underwriters Insurance C 26042
610 SW on & Alder Associates,
Street ciates, Suite Inc. 700 INSURERC: XL Specialty Insurance Company 37885
Portland, OR 97205 INSURER D: Hartford Underwriters Insurance 30104
P
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 CONTRACTOR 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 OFINSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS
LTR INSR WD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY)
A GENERAL LIABILITY 52SBAUQS"5 0110112012 0110112013 EACH OCCURRENCE S110-0-0-1-0-00
COMMERCIAL GENERAL LIABILITY ENTED
$300000
CLAIMS-MADE OCCUR MED EXP(Any one person) $10000
X Business Liability PERSONAL S ACV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $2,000,000
POLICY X PRO
T LOC S
D AUTOMOBILELIABILm' 52UECVZ2830 1/01/2012 01/01/201 EeaBBINEDtSINGLELIMIT $1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per socidenQ $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
B WORKERS COMPENSATION WCJZ91451136012 1/0112012 01101/201 X WC STATU- OTH.
AND EMPLOYERS' LIABILITY FIR
NIA E.L. EACH ACCIDENT $1 OOO OOO FIN
ANY OFFICERIMEMBER EXCLUDED? PROPRIETORIPARTNEWEXECUTIVE YIN
Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1.000,000
DESCRIPTIObN OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1000000
C Professional DPR9696637 2/30/2011 12/30/201 $2,000,000 per claim
Liability $4,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: KAI PIN 11310, Project #11310.06.
The General Liability and Automobile Liability policies include a blanket automatic Additional Insured
endorsement that provides Additional Insured status to the Certificate holder, Oregon, and its elected
officials, officers, and employees, only when there is a written contract or written agreement between the
named insured and the certificate holder that requires such status, and only with regard to work performed
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION POLIC City of Ashland THE SHOULD EXPIRATTIIONH DATE ABOVETHEREOF, DESCRIBED NOT CEI WILL BE CDELIVERED NE
20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520
AUTHORIZED REPRESENTATIVE
01988.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 1 o1`2 The ACORD name and logo are registered marks of ACORD
#S9038242/M6743701 KSPZP
Y MIME DESCRAPI
on behalf of the named insured. The General Laibility policy contains a special endorsement with Primary
and Noncontributory wording.
SAGITTA 25.3 (2010105) 2 of 2
#S9038242/M6743701
Policy #52SBAUQ5445 BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
..employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in
.'volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment, and
die, but only: only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property; and However, no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part, your permission. Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an of the watercraft, and only if no other
insured under this insurance is also an insurance of any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Requiredti'•By
Insured if there is no other similar insurance Written Contract, Vll~itten Agreem'ent~Or
available to that organization. However: Permit)
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a . (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (fl Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the
However, no such person or organization is an vendor's premises in
additional insured under this provision if such connection with the sale of the
person or organization is included as an product;
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F. - Optional Additional Insured Coverages. the vendor; or
a. Vendors (h) "Bodily injury" or "property
damage
Any person(s) or organization(s) (referred to " arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this
or sold in the regular course of the vendors exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or (I) The exceptions contained in
"property damage" included within the Subparagraphs (d) or (f); or
"products-completed operations hazard". (ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of
This insurance does not apply to: business, in
connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contract or agreement. or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
liability for damages that the containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change injury", "property damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.1b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. - Limits .'property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while
b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard" is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or "suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or "suit";
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "suit" and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended person or organization that may be
liable the
after issuance for an additional period of less than 12 insured because of injury
months. In that case, the additional period will be or damage which this insurance
deemed part of the last preceding period for purposes may also apply.
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance.
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
..occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
. (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or "suit" as soon as practicable. insured is a trust; or
c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7, Other Insurance
insurance required by that law.
b. With respect to "mobile equipment" to a other valid and collectible insurance is
available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form: below.
a. To join us as a party or otherwise bring us b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for "your work";
against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
settlement means a settlement and release of or temporarily occupied by you with
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned to property damage" to premises rented
in this policy to the first Named Insured, this w you or temporarily occupied by you
insurance applies: with permission of the owner;
a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
or
b. Separately to each insured against whom use of aircraft, "autos" or watercraft to
a claim is made or "suit" is brought. the extent not subject to Exclusion g. of
Section A. - Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. -
representations you made to us; and Coverages.
Page 16 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method, each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs (a) and,(b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. (Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
N
C
°o This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
0
0
0
A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for
N LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the
N WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE.
N B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the
o Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable.
N
C
Form HA 9913 01 87 Printed in U.S.A.
Page 1 / 1
CITY
DATE PO NUMBER
ASHLAND
20 E MAIN ST. 11/28/2012 11314
ASHLAND, OR 97520 .
(541) 488-5300
VENDOR: 013773 SHIP TO: Ashland Public Works
KITTELSON & ASSOCIATES INC (541) 488-5587
ACCOUNTS RECEIVABLE 51 WINBURN WAY
PO BOX 40847 ASHLAND, OR 97520
PORTLAND, OR 97240
. . FOB Point: Req. No.:
Terms: Net 15 days Dept.:
Req. Del. Date: Contact Mike Fauqht j
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Post construction enqineerinq services 8,000.00
for the North Main Street Road Diet
Contract for Personal Services
Beginninq date: 10/01/2012
Completion date: 10/01/2013
SUBTOTAL 8,000.00
BILL TO: Account Payable _ TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 8,000.00.
ASHLAND, OR 97520
Account Number Project Number Amount - Account Number Project Number Amount
E 260.08.12.00.70420 E 201124.999 8,000.00
A rized Signature VENDOR COPY
(r
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 11/8/2012
Required date for delivery: ASAP
Vendor Name Ifttalcnn R Accnrigtpq Inc.
Address, City, State, Zip 610 SW Alder Street Suite 700, Portland OR 97205
Contact Name & Telephone Number Susan Wright 1503-228-5230
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5.000 ❑ Reguest for Proposal (Copies on file) ❑ Stale of Oregon
❑ DirectAward Date approved by Council: Contract #
❑ VerbalMritten quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS 8 SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement -
$5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency
® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals attached Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
,p 8,000
Post construction engineering services for the North Main Street Road Diet.
Item # Quantity Unit Description of MATERIALS Unit Price . Total Cost
TOTAL COST
® Per attached quotelproposal
Project Number 2011.24 Account Number 260.08.12.00.704200
Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee Signature: Department Head Signature: 1Ja ~s 2
(Equal to or greater than $6,20)
Additional signatures (if app{r~ble):
L/lo/L-
Funds appropriated for current fiscal year., (ES) / NO / 2-1Z I-2012-
Finance Finance Director- (Equal to orgreate n $5,000) Date
Comments:
Form #3 - Requisition