Loading...
HomeMy WebLinkAbout2021-131 PO 20220157- Vitus Construction Inc. Purchase Order PIF• raft r RECORDER Fiscal Year 2022 . Page: 1 of: 1 `�"4 'Ikilmi jam_=t31OMR �7 B City of Ashland =`'pft L ATTN: Accounts Payable Purchase L Ashland, OR97520 Order# 20220157 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E VITUS CONSTRUCTION INC I 51 Winburn Way N 1912 SECOND AVENUE p Ashland, OR 97520 O GOLD HILL, OR 97525 Phone: 541/488-5347 R T Fax: 541/488-6006 .t €€ _ ArJTC.W2 �.�E^;-?I ts7!_=1�gpa_��;_ �i.1P�-i�� �=Jt�J-r€[=::.� s David Arnold . �_' _Ia� __ __ter d __ _ :�.. _ a=-- —_— €=§la sJC?ia®€iQz-1_--� ��a��tsI-. _ --� z-it;�=i€I�_i�--`,,; ala���� -rte=� `:=�_-�—=ter..sF!€3€€[c.iaTAs��i 10/01/2021 498 '`� FOB ASHLAND OR City Accounts Payable -t� ._,.� - . _ —_-z—=� i�:�g�(sea� ��s - _� � � 1 3�_x-.__,6 61:1- k_C ={_2.4,zrw 2i`vta *1'w: Installation of Payment Kiosk 1 Installation of Payment Kiosk 1.0 $3,990.00 $3,990.00 Goods and Services Agreement($35,000 or less) Completion dates Jade 30, 2022 Project Account: *************** GL SUMMARY*************** 088400-602400 $3,990.00 • By: _ Date: Mi = Authorized ignature — $3 990.00 a _ • FORM #3 CITY OF ASHLAND request for a Purchase Or REQUISITION Date of request: 9/27/2021 Required date for delivery: Vendor Name Vitus.Construction Inc. Address,City,State,Zip PO Box 1097,Gold Hill,OR 97525 Contact Name&Telephone Number Corey Vitus 541-855-7177 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: 0 Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ® Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ▪ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# (Attach copy of council communication) I ❑ Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or Contract#. Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached 0 Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation : Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Installation of Payment Kiosk 399Q0;0 • Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal 'TOTAL COST Project Number _ _ Account Number 088400-602400 *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 requisi' n form,I certi that the City' •ublic,contracting requirements have been satisfied. Employee: - `` Department Head: ati `15O(2J L. to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES / NO Deputy Finance Director-(Equal to orgreaterthan$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT($35,000 OR LESS) PROVIDER: Vitus Construction Inc. CITY OF PROVIDER'S ASHLAND CONTACT: Corey Vitus 20 East Main Street Ashland,Oregon 97520 ADDRESS: PO Box 1097 Telephone: 541/488-5587 Gold Hills,OR 97525 Fax: 541/488-6006 PHONE: 541-855-7177 . I This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter "City")and Vitus Construction Inc.,(a domestic/foreign business corporation) ("hereinafter"Provider"),for construction work. } 1. PROVIDER'S OBLIGATIONS 1.1 Provide construction of payment kiosk as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,'by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an"occurrence"and not a"claims made"form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of an change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of ch insurance approved by the City. Page 1 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex,marital status, familial status or domestic partnership, national origin, age , mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns r an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municip 1 Code by paying a living wage,as defined in that chapter,to all employees performing Work under thisAgreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the hourly rates effective 9/18/2021 as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$3,990 (this is maximum, not to exceed amount of ENTIRE Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument xecuted with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279)3.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unlesis exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs,and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions,but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them ata reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part.This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated September 18,2021. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City ay,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2022, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty(30)days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,'by not less than fourteen(14)days'prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested,postage prepaid, to the address set forth below: If to the City: Page 4 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. City of Ashland—Facilities Maintenance Department Attn: David Arnold 20 E.Main Street Ashland,Oregon 97520 Phone: (541)552-2292 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,OR 97520 Phone: (541)488-5350 If to Provider: Vitus Construction Inc. Attn: Corey Vitus 541-855-7177 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty,as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Vitus Construction Inc. • i IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: _ Vitus Construction Inc. (PROVIDER): By: Cat By: �f Si:.447110 Signature Sear ccEocr ct:..r€y . V s Printed Name Printed Name Title Title ao/2; q —Z 1 ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. '"d ("1-7 I i • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Vitus.Construction Inc. A VAIrsor CONSTRUCTION INC . 1�/ September 18,2021 Dave Arnold Facility Maintenance 90 North Mountain Avenue Ashland,Oregon 97520 Re: Kiosk Dave, Please accept this proposal for materials,equipment,labor and services to install owner furnished kiosk. This quote includes the following; 1. any permit cost would be borne by owner 2. demolition as needed 3. framing 4. electrical 5. concrete pad 6. landscape bricks to match existing 7. applicable mounting hardware 8. paint touchup 9. final cleaning Complete for the sum of$3,990.00(three thousand nine hundre• ninety dollars and 00/100 dollars) Note;We are prepared to commence work within three work days from approval,and to remain engaged until completion and final acceptance. Thank you for the opportunity to bid this project. Sincerely, Corey E.Vitus President P.O.Box 1097 • Gold Hill,OR 97525 Phone:541.855.71.77 •Fax:541.855.7520 • E-mail:core)@vllusconstruction.com • CCB#63643 , , / ® DATE(MM/DD/YYYY) ARD® CERTIFICATE OF LIABILITY INSURANCE _ 6/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CO PRODUCER NAMNTE:ACT CharnS Sonne-Phinney Anchor Insurance and Surety,Inc PHONE I FAX 1201 SW 12th Ave.Ste.500 (NC.No.Eel):5037224-2500 (A/C.No):503-224-9830 Portland OR 97205 nooalEss: certificates@anchorias.com I INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Union Insurance Company 25844 INSURED VITUCON•01 INSURER B:SAIFICorporation 36196 Vitus Construction Inc. PO Box 1097 INSURER c:Indian Harbor Insurance Co. 36940 Gold Hill OR 97525 INSURER D: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER:821721570 j 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 ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CPA 6040088 6/18/201 6/18/2022 EACH OCCURRENCE $1,000,000 I DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CPA 6040088 6/18/2021 6/18/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accldenl) _ X ANY AUTO I BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR Y Y CPA 6040088 6/18/2021 6/18/2022 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE • AGGREGATE $10,000,000 DED RETENTIONS $ g WORKERS COMPENSATION 811648 10/1/2020 10/1/2021 X STA UTE ETH OR AND EMPLOYERS'LIABILITYI ANYPROPRIETOR/PARTNERIEXECUTIVE YIN NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 C Profession&Pollution Liability PEC005004804 6/18/2021 6/18/2022 Occur 1,000,000/Agg 2,000,000 I • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) • Certificate holder and all other entities are additional Insureds when specified by written contract!Coverage is primary&non-contributory and includes waiver of subrogation when required by written contract.All subject to the terms,conditions and exclusione of the policies.Endorsements attached:CLCG0529 10/18; . CLCG2071 09/16;CLCG0492 10/18;CLCA0149 06/17;WC000313. City of Ashland FY21 • CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. •• ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i i CARRIER: Union Insurance Company POLICY NUMBER: CPA 6(3'4°88 COMMERCIAL GENERAL LIABILITY INSURED: vtus construction Inc. CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You',(Fire, Lightning, $300,000 Explosion,Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments—Increased Limits 1. Bail Bonds $3,000 2. Loss Of Earnings $1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice ! Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization be added as an this endorsement. This endorsement applies only if additional insured on your policy, provided such Coverage Part is included in this policy. that: A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement is: 1. Section II—Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or effective during the term of this policy; organization (referred to as an additional and insured below) described in Paragraphs A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission i 1 . I injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". I or failing to prepare or b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, organization included as an additional ch . insured by a separate endorsement change fieldorders,orders or drawings issued by us and made a part of this policy and specifications;or or coverage part. I (1.2) Supervisory, inspection, j c. Only the following persons or architectural or engineering 1 activities. organizations are additional insureds under this provision, with coverage for This exclusion applies even if the such additional insureds limited as I claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, if the "occurrence" which (a) Any person or organization for caused the"bodily injury"or"property whom you are performing damage", or the offense which operations when you and such caused the"personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; (II) "Bodily injury" or "property and damage"occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an materials, parts or additional insured under the equipment furnished in contract or agreement described connection with such in paragraph(a)above. work, on the project (c) Such person(s)or organization(s) (other than service, is an additional insured only with maintenance or repairs) I respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, In whole or in part, by: of the covered operations (I) Your acts or omissions;or has been completed;or The acts or omissions of (1.2) That portion of "your I (II) work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its operations for the additional insured. i intended use by any With respect to the insurance person or organization (d) With other than another afforded to these additionalcontractor or insureds, the following additional subcontractor engaged in exclusions apply: performing operations for This insurance does not apply to: a principal as a part of the (I) "Bodily injury", "property same project. damage" or "personal and (2)Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the failure to render, any only with respect to liability arising out rilure o to ndeitect any of the ownership,maintenance or use p of that part of the premises leased to engineering or surveying I services, including: f CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission i you and subject to the following contract or written agreement with additional exclusions: you for such leased equipment ends. This insurance does not apply to: This insurance does not apply to any (a) Any "occurrence" which takes "occurrence" which takes place after place after you cease to be a the equipment lease expires. tenant in that premises. (6) State, Municipality, Governmental (b) Structural alterations, new Agency Or Subdivision Or Other construction or demolition Political Subdivision — Permits Or operations performed by or on Authorizations Relating To behalf of such additional insured. Premises (3)Mortgagee,Assignee Or Receiver Any state, municipality,governmental agency or subdivision or other A mortgagee, assignee, or receiver political subdivision subject to the but only with respect to their liability following additional provisions: as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, respect to: maintenance, or use of a covered premises by you. (I) The following hazards for which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new subdivision or other political construction or demolition operations subdivision has issued a performed by or on behalf of such permit or authorization in additional insured. connection with premises you (4) Owners Or Other Interests From own, rent or control and to Whom Land Has Been Leased which this insurance applies: An owner or other interest from whom (1.1) The existence, land has been leased to you but only maintenance, repair, with respect to liability arising out of construction, erection the ownership,maintenance or use of or removal of that part of the land leased to you and advertising signs, subject to the following additional awnings, canopies, exclusions: cellar entrances, coal This insurance does not apply to: holes, driveways, manholes, marquees, (a) Any "occurrence" which takes hoist away openings, place after you cease to lease sidewalk vaults, street that land. banners or decorations and similar exposures; (b) Structural alterations, new or construction or demolition operations performed by or on (1.2) The construction, behalf of such additional insured. erection or removal of (5) Lessor Of Leased Equipment elevators;or Any person(s)or organization(s)from (1.3) The ownership maintenance or use of whom you lease equipment but only any elevators covered with respect to liability for "bodily by this insurance. injury", "property damage" or "personal and advertising injury" (II) Operations performed by you caused, in whole or in part, by your or on your behalf for which maintenance, operation or use of the state, municipality, equipment leased to you by such governmental agency or person(s)or organization(s). subdivision or other political subdivision has issued a A person's or organization's status as permit or authorization. an additional insured under this endorsement ends when their written CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to (III)Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (Iv)Repackaging, except when municipality, governmental unpacked solely for the agency or subdivision or other purpose of inspection, political subdivision. demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s)or organization(s) with instructions from the a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original container; liability arising out of: (a)Their financial control of you;or (v) Any failure to make such inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to make in the usual course of This insurance does not apply to structuralbusiness, in connection with alterations, new construction or demolition operations products;the distribution or sale of the performed by or for such person(s)or organization(s). (vi) Demonstration, installation, servicing or repair (8) Co-Owner Of Insured Premises operations, except such A co-owner of a premises co-owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co-owner's liability as co-owner of the product; such premises. (v11) Products which, after (9) Vendors distribution or sale by you, r (a) Any person(s) or organization(s) have been labeled a (referred to as vendor), but only ron ainer,eled or orusingredient as a with respect to "bodily injury" or container, part or of any other thing or "property damage" arising out of substance by or for the "your products" which are vendor;or distributed or sold in the regular course of the vendor's business. (viii)"Bodily injury" or "property Thedamage" arising out of the insurance afforded the vendor does not apply to: sole negligence of the vendor for its own acts or omissions (I) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written contained in Sub- agreement. This exclusion paragraphs (Iv) or does not apply to liability for (vl);or damages that the vendor would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the vendor has agreed to (11) Any express warranty make or normally unauthorized by you; undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission in the usual course of B. EXPECTED OR INTENDED INJURY OR business, in DAMAGE connection with the Exclusion La. Expected Or intended Injury of distribution or sale of Section I — Coverage A — Bodily Injury And the products. Property Damage Liability is deleted and (b) This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended injury Or Damage or organization, from whom you have acquired products, 'Bodily injury"or"property damage"expected or any ingredient, part or or intended from the standpoint of the insured. container, entering into, This exclusion does not apply to"bodily injury" accompanying or containing or"property damage"resulting from the use of such products. seasonable force to protect persons or 2. With respect to coverage provided by this property. Provision A. Miscellaneous Additional C. KNOWLEDGE OF OCCURRENCE insureds, the following additional provisions Paragraph 2.a. Duties in The Event Of apply: Occurrence,Offense,Claim Or Suit of Section a. Any insurance provided to an additional IV—Commercial General Liability Conditions insured designated under Paragraphs is deleted and replaced by the following: A.1.c.(1) through A.1.c.(8) above does not apply: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an (1) To "bodily injury" or "property offense which may result In a claim only when damage" included within the the"occurrence"or offense is known to: "products-completed operations hazard";or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the written 1) How,when and where the"occurrence"or contract or written agreement. offense took place; 3. With respect to the insurance afforded to the li) The names and addresses of any injured additional Insureds within this Provision A. persons and witnesses; and Miscellaneous Additional insureds, the (III)The nature and location of any injury or following is added to Section III—Limits Of damage arising out of the"occurrence"or Insurance: offense. The most we will pay on behalf of the D. LEGAL LIABILITY — DAMAGE TO PREMISES additional insured Is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contract or written Smoke, Or Leakage From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage part,then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph(after the exclusions)is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission Exclusions c. through n. do not apply to you or temporarily occupied by you with damage by fire, lightning,explosion,"smoke", permission of the owner; or leakage from automatic fire protective 5. Subparagraph a. of Definition 9. "Insured systems to premises while rented to you or Contract" of Section V — Definitions is temporarily occupied by you with the deleted and replaced by the following: permission of the owner. A separate limit of insurance applies to this coverage as a. A contract for a lease of premises. described in Section III — Limits Of However,that portion of the contract for a Insurance. lease of premises that indemnifies any 2. The paragraph immediately after Sub- person or organization for damage by fire, paragraph J.(6)of Paragraph 2.Exclusions of lightning, explosion, "smoke" or leakage Section I—Coverage A—Bodily injury And from automatic fire protective systems to Property Damage Liability is deleted and premises while rented to you or temporarily occupied by you with replaced by the following: permission of the owner is not an"insured Paragraphs (1), (3) and (4) of this exclusion contract". do not apply to "property damage"(other than 6. As used in this Provision D.Legal Liability— damage by fire, lightning, explosion, "smoke", Damage To Premises Rented To You: or leakage from automatic fire protective systems) to premises, including the contents "Smoke" does not include smoke from of such premises,rented to you for a period of agricultural smudging, industrial operations or seven or fewer consecutive days. A separate "hostile fire". limit of insurance applies to Damage To Premises Rented To You as described in E. MEDICAL PAYMENTS Section III—Limits Of Insurance. The Medical Expense Limit is changed,subject to 3. Paragraph 6. of Section III — Limits Of the terms of Section III—Limits Of Insurance,to Insurance Is deleted and replaced by the the Medical Expense Limit shown in the following: Declarations. 6. Subject to Paragraph 5. above, the F. MOBILE EQUIPMENT REDEFINED greater of: Subparagraph f.(1) of Definition 12. "Mobile 1: a. $300,000; or equipment"of Section V—Definitions is deleted and replaced by the following: b. The Damage To Premises Rented To (1) Equipment with a gross vehicle weight of You Limit shown in the Declarations, 1,000 pounds or more and designed primarily is the most we will pay under Coverage A for: for damages because of "property damage"to premises while rented to you, (a) Snow removal; or in the case of damage by fire,lightning, (b) Road maintenance, but not construction explosion, "smoke", or leakage from or resurfacing;or automatic fire protective systems, while rented to you or temporarily occupied by (c) Street cleaning; you with permission of the owner. G. NEWLY FORMED OR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED This limit will apply to all damage LIABILITY COMPANY AND EXTENDED proximately caused by the same event, PERIOD OF COVERAGE whether such damage results from fire, lightning, explosion, "smoke", leakage Paragraph 3.of Section 11—Who is An Insured from automatic fire protective systems, or is deleted and replaced by the following: other covered causes of loss or any combination thereof. 3. Any organization you newly acquire or form, other than a joint venture,and over which you 4. Subparagraph b.(1)(a)(II) of Paragraph 4. maintain ownership or: Other Insurance of Section IV — Commercial General Liability Conditions is a. Majority interest of more than 50% if you deleted and replaced by the following: are a corporation; (II) That is fire, lightning, explosion, "smoke" 1. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Slervices Office, Inc., Page 6 of 8 with its permission 1 1 1 c. Majority interest of more than 50% as an c: Past partnership, joint venture or limited owner of a newly acquired or formed liability company; limited liability company; that is not shown as a Named Insured in the will qualify as a Named Insured if there is no Declarations. other similar insurance available to that L NON-OWNED WATERCRAFT organization. However, for these organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (I) Coverage under this provision is afforded Auto Or Watercraft of Section I—Coverage A— only until the next anniversary date of this Bodily Injury And Property Damage Liability is policy's effective date after you acquire or deleted and replaced by the following: I form the organization, partnership or (2) A watercraft you do not own that is: limited liability company, or the end of the policy period,whichever is earlier; (a) Less than 51 feet long; and i (II) Section I—Coverage A—Bodily injury (b) Not being used to carry persons or And Property Damage Liability does not property for a charge. apply to "bodily injury" or "property J. SUP'LEMENTARY PAYMENTS—INCREASED damage" that occurred before you LIMITS acquired or formed the organization, • partnership or limited liability company; Section I — Supplementary Payments — Coverages A And B is changed as follows: (111)Section I—Coverage B—Personal And Advertising Injury Liability does not 1. The limit shown in Paragraph 1.b.for the cost apply to "personal and advertising injury" Ofd dbail bonds is changed from$250 to$3,000; arising out of an offense committed before I you acquired or formed the organization, 2. The limit shown in Paragraph 1.d. for loss of partnership or limited liability company; earnings because of time off from work is (Iv) Coverage applies only when operations of hanged from$250 a day to$1,000 a day. the newly acquired organization, K. UNINTENTIONAL OMISSION OR partnership or limited liability company are UNINTENTIONAL ERROR IN DISCLOSURE the same or similar to the operations of The following provision is added to Paragraph 6. insureds already covered under this insurance; Representations of Section IV — Commercial General Liability Conditions: (v) Coverage only applies for those limited liability companies who have established However, the unintentional omission of, or a date of formation as recorded within the unintentional error in, any information given or filed state articles of organization, provided by you shall not prejudice your rights certificates of formation or certificates of under this insurance. organization; and This provision does not affect our right to collect (v0 Coverage only applies for those additional premium or to exercise our right of partnerships who have established a date cancellation or non-renewal. of formation as recorded within a written L. WAIVER OF TRANSFER OF RIGHTS OF partnership agreement or partnership RECOVERY AGAINST OTHERS certificate. I The following is added to Paragraph 8.Transfer H. WHO IS AN INSURED—AMENDMENT Of Rights Of Recovery Against Others To Us of The last paragraph of Section II — Who is An Section IV — Commercial General Liability insured is deleted and replaced by the following: Conditions: We waive any right of recovery we may have No person or organization Is an insured with a ainst anyperson or organization because of respect to the conduct of any: g g payments we make for injury or damage arising a. Current partnership or limited liability out of your ongoing operations or"your work"and company,unless otherwise provided for under included in the "products-completed operations Paragraph 3. of Section 11 — Who is An hazard" when you have agreed in a written Insured; contact or written agreement that any right of b. Current joint venture; or recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy,then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CO0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001,that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section II—Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical,surgical, dental,x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary,excess,contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. • • CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission • Union Insurance Company CPA 6040088 COMMERCIAL GENERAL LIABILITY Vitus Construction Inc. CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended For purposes of this endorsement,throughout to include as an additional insured any person(s) the policy, the terms "you" and "your"refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that B. Exclusions such person or organization(s) be added as an additional insured to your policy. With respect to the insurance afforded to these Such person(s)or organization(s)is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury"caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the following operations: (2) The acts or omissions of those acting on behalf of the Named Insured; a. Providing engineering, architectural or ' surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written 1I professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, emplbyment, or monitoring of others by advertising injury". that insured, if the trainI'oc currence"which caused the However: "bodily injury"or"property damage",or the offense which caused the "personal and advertising a. The insurance afforded to such additional injury", involved the rendering of, or the failure to insured only applies to the extent permitted by render,any professional architectural,engineering law; and or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are ' a. Preparing,approving,or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 0916 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related For plurposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its subcontractors in connection with your available to an additional insured whether on a ongoing operations. primary, excess, contingent or any other basis. But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory,this insurance will be primary to and will not seek With respect to the insurance afforded to these contribution from any insurance on which the additional insureds,the following is added to additional insured is a Named Insured. Section III-Limits Of Insurance: If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement,the most we loss or damage insured by this coverage. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. I I ' I I . Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc.,with its permissions CARRIER: Union Insurance Company POLICY NUMBER: cPA6n40088 COMMERCIAL GENERAL LIABILITY INSURED: YtusConstructionInc. CL CG 05 29 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTORS'COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT GENERAL LIABILITY ULTRA PLUS ENDORSEMENT A. General Liability Ultra Plus Endorsement CL CG 04 92, Provision A.Miscellaneous Additional Insureds, is revised as follows: 1. The following is added to(1) Persons or Organizations For Whom Operations Are Performed, c.(1): a. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG 20 10(aka CG 20 10 10 01)or via the 11/85 edition of CG 20 10 (aka CG 20 10 11 85), then in paragraph 1.c.(1)(c).,the words caused in whole or in part by, are replaced by the words arising out of. b. For purposes of this additional insured coverage,the terms"you"and"your"refer to the Named Insured shown in the Declarations. B. CONTRACTUAL LIABILITY-RAILROADS The following coverage is added: 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract"in Section V-Definitions is replaced by the following: 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract for agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, . reports,surveys,field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including CL CG 05 29 10 18 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. i 2. Other Insurance For purposes of this endorsement,the following is added to the Section IV-Commercial General Liability i Conditions,4 Other Insurance condition and supersedes any provision to the contrary. This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work"performed for a Railroad. But,if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01, General Aggregate Limit under SECTION III—LIMITS OF INSURANCE: The General Aggregate Limit under SECTION III-LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location"means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. When paragraph B.Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy,then this endorsement CL CG 05 29 paragraph C.Aggregate Limits Of Insurance does not apply. D. BODILY INJURY REDEFINED The definition of"Bodily injury"in the Definitions section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 is replaced by the following: "Bodily injury"means bodily injury, disability,sickness or disease sustained by a person,including death resulting from any of these at any time. "Bodily injury' includes mental anguish or other mental injury resulting from"bodily injury". I I i r, i IPage 2 of 2 Includes copyrighted material of Insurance Services CL CG 05 29 1.0 18 Office, Inc.,with its permission 3 , e CARRIER: Union insurance Company POLICY NUMBER: CPA604o088 COMMERCIAL AUTO INSURED: VlusConsirucuoninc CL CA 01 49 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED 'property damage": because of the conduct of ORGANIZATIONS an "insured" under Paragraphs a. or b. under The following is added to Paragraph A.1. Who Is paragraph A.1.Who Is An Insured of Section An Insured of Section II-Covered Autos Liability by an II-Coveac Autos Liability Coverage, caused Coverage: "accident" and resulting from the ownership, maintenance or use of a covered Any organization you newly acquire or form,other "auto"; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named if such"accident"; Insured. However: 1. This insurance does not apply to any newly 3. The insurance afforded to any such additional acquired or formed organization that is an "insured" does not apply to any "accident" • "insured"under any other automobile policy or beyond the period of time required by the written contract or agreement described would be an "insured" under such policy but for its termination or the exhaustion of its Limit above; of Insurance. 4. The most we will pay on behalf of such 2. Coverage does not apply to "bodily injury" or additional "insured(s)"is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded only above;or until the 180th day after you acquire or form b. The Limits of Insurance shown in the the organization or the end of the policy Declarations. period,whichever is earlier. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR Insurance shown in the Declarations in this AGREEMENT policy or coverage part; and The following is added to Paragraph A.1.,Who Is 5. The following changes are made to Paragraph An Insured of Section II - Covered Autos Liability 5. Other Insurance of B. General Conditions Coverage: under Section IV-Business Auto Conditions: When you have agreed in a written contract or a. The following is added to Paragraph 5.a.: agreement to include a person or organization as If required by the written contract or an additional "insured", such person or organization is included as an"insured"subject to agreement described above, the the following: insurance afforded to the additional insured under this provision will be • 1. Such person or organization is an additional primary to, and will not seek contribution "insured" only to the extent such person or j from, the additional insured's own organization is liable for "bodily injury" or insurance. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc.,with its permission b. Paragraph 5.c.is deleted in its entirety. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen 6. Paragraph A.1.c. under Section II - Covered "auto"to you. Autos Liability Coverage is deleted in its entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you under the Transportation Expenses Coverage Section V- Definitions is amended to add the following: extension will not also be covered or paid under the Rental Reimbursement Coverage An "insured contract" does not include that providedby this endorsement or any rental part of any contract or agreement: reimbursement coverage added by separate That pertains to the ownership, maintenance ei dorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the The following is added to Exclusion B.3.a. of vicarious liability of such person or organization for "bodily injury" or "property Section III Physical Damage Coverage: damage"caused by your operation or use of However, this exclusion does not apply to the a covered"auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is coverage. not named as an "insured" by separate I. AUTO LOAN/LEASE GAP COVERAGE endorsement to this policy. I C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of The following is added to Paragraph A.1.Who Is Insurance. An Insured Section II - Covered Autos Liability 4. Ini the event of a total "loss" to a covered Coverage: „Ii auto",we will pay the lesser of: Any "employee" of yours is an "insured" while a. Any unpaid amount due on the lease or using a covered "auto" you don't own, hire or „ borrow in your business or your personal affairs. loan for a covered auto ,less: D. INCREASED COVERAGE-BAIL BONDS (1) The amount under the Physical Damage Coverage section of the The Supplementary Payments Coverage policy; and Extension of Section II - Covered Autos Liability Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; (b) Financial penalties imposed E. INCREASED COVERAGE - LOSS OF under a lease for excessive use, EARNINGS abnormal wear and tear or high The Supplementary Payments Coverage mileage; Extension of Section II - Covered Autos Liability (c) Security deposits not returned by Coverage is amended as follows: the lessor; The Limit of Insurance in paragraph A.2.a.(4) is increased to$1,000. (d) Costs for extended warranties, Credit Life Insurance, Health, F. FELLOW EMPLOYEE COVERAGE Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; I. Section II-Covered Autos Liability Coverage does and F, not apply. This coverage is excess over any other (e) Carry-over balances from 3 collectable insurance. previous loans or leases;or II G. COVERAGE EXTENSION-TRANSPORTATION b. $5,000. EXPENSES However,this provision does not apply to the Paragraph A.4.a. Transportation Expenses of extent loan/lease gap coverage has been Section III-Physical Damage Coverage is provided by separate endorsement to this a amended as follows: policy. t 1. The Limits of Insurance are increased to $75 w per day to a maximum of$2,500. i E Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 0617 Office, Inc., with its permission J. GLASS REPAIR-NO DEDUCTIBLE When fire extinguishers are kept in your covered The following is added to Paragraph D.Deductible "auto" and any are discharged in an attempt to of Section HI-Physical Damage Coverage: extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire Any Comprehensive Coverage deductible shown extir guisher(s). in the Declarations does not apply to "loss" to No deductible applies to this coverage. glass when you elect to patch or repair rather than replace the glass. O. HIRED AUTO PHYSICAL DAMAGE K. INCREASED COVERAGE - ELECTRONIC COVERAGE EQUIPMENT The following is added to Paragraph A.4. The $1,000 limit indicated in Paragraph C.1.b. Coverage Extensions of Section III - Physical under Section III- Physical Damage Coverage is Damage Coverage: increased to$2,500. If hired "autos" are covered "autos" for Covered L. EXTENDED COVERAGE - PERSONAL Autos Liability Coverage and if Physical Damage PROPERTY Coverage is provided for any"auto"you own,then the Physical Damage coverages provided are The following is added to Paragraph A.4. extended to"autos"you lease,rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject to the following: Physical Damage Coverage on a covered "auto" � may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member,that is In the covered "auto" at the time of "loss" and caused by an a. The actual cash value of the"auto"; "accident" and resulting from the ownership, b. The cost to repair or replace the"auto";or maintenance or use of a covered "auto". c. $100,000. The insurance provided by this coverage extension is excess over any other collectible 2. Paragraph 1.above is subject to a deductible. insurance. The most we will pay for any one"loss" The deductible shall be equal to the amount of under this coverage extension is$500. However the highest deductible shown for any owned our payment for gloss " to personal property will "auto" of the same classification for that coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. deductible for any owned "auto" will apply for Under this provision, personal property does not that coverage. include and we will not pay for"loss"of currency, No deductible will apply to "loss" caused by coins,securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section of the Declarations page for any of If a private passenger type "auto" or light truck the Physical Damage coverages,then the auto (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage ,Comprehensive and Collision Coverage, we will described in this endorsement does not apply' pay up to$150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and 4. In addition to the limit set forth in Paragraph 1. labor costs incurred each time such "auto" is above we will pay up to $500 per day, to a disabled. However, the labor must be performed Maximum of$3,500 per"loss"for: at the place of disablement. N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the "loss"to a hired "auto"; and The following is added to Paragraph A.4. b. Loss of use of the hired"auto", provided it Coverage Extensions of Section IV - Physical is the consequence of an "accident" for Damage Coverage: q which you are legally liable, and as a CL CA 01 49 06 17 Includes copyrighted material ofd Insurance Services Page 3 of 5 Office, Inc.,with its permission result of which a monetary loss is (1) You, if you are designated in the _ sustained by the leasing or rental Declarations as an individual; concern. (2) Your partners or members, if you are However, Paragraph A.4.b. Loss of Use designated in the Declarations as a Expenses under Section III - Physical Damage partnership or joint venture; I Coverage of the Business Auto Coverage Form (3) Your members or managers, if you does not apply. are designated in the Declarations as P. RENTAL REIMBURSEMENT COVERAGE a limited liability company; We will pay for rental reimbursement expenses (4) Your executive officers if you are incurred by you for the rental of an"auto"because designated in the Declarations as an of"loss"to a covered "auto". organization other than an individual, 1. Payment applies in addition to the otherwise partnership, joint venture or limited applicable amount of each coverage you have liability company; and on the covered "auto". (5) The spouse of any person named in 2. No deductible applies to this coverage. Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same 3. We will pay only for those expenses incurred household; during the policy period beginning 24 hours Except: after the "loss" and ending, regardless of the expiration date of the policy,with the lesser of (a) Any "auto" owned by that the following number of days: individual or by any member of his a. The number of days when the covered or her household. "auto"has been repaired or replaced, or (b) Any"auto"used by that individual b. 45 days. or his or her spouse while working in a business of selling,servicing, 4. Our payment is limited to the lesser of the repairing or parking "autos". following amounts: 2. Changes In Auto Medical Payments And a. Necessary and actual expenses incurred; Uninsured And Underinsured Motorists or Coverages b. Not more than$75 for any one day; The following is added to Who Is An Insured: 1 5. We will pay up to an additional $300 for the Any individual named in 1.a above and his or reasonable and necessary expenses you her "family members" are "insured" while incur to remove your materials and equipment "occupying"or while a pedestrian when being from the covered "auto" and replace such struck by any"auto"you don't own except: materials and equipment on the rental"auto". Any"auto"owned by that individual or by any 6. This coverage does not apply while there are "family member". spare or reserve "autos" available to you for 3. Changes In Physical Damage Coverage your operations. 7. If"loss"results from the total theft of a covered Any private passenger type "auto" you don't own, hire or borrow is a covered "auto"while "auto" of the"private passenger type",we will pay under this coverage only that amount of in the care,custody or control of any individual named in Q.1.a. above or his or her spouse your rental reimbursement expenses which is 1 not already provided for under the Physical while a resident of the same house-hold except: Damage Coverage Extension of the Business Auto Coverage Form or any endorsements a. Any"auto"owned by that individual or by thereto. any member of his or her household;or However,this provision does not apply to the b. Any"auto"used by that individual or his or extent that rental reimbursement is provided her spouse while working in a business of by separate endorsement to this policy. selling, servicing, repairing or parking Q. DRIVE OTHER CAR COVERAGE "autos". 5 1. The following is added to Section II-Covered 4. The most we will pay for the total of all Autos Liability Coverage: damages under Covered Autos Liability Uninsured Motorists Coverage and a. Any"auto" you don't own, hire or borrow Underinsured Motorists Coverage is the Limit is a covered "auto"for Liability Coverage Of Insurance shown in the Declarations as while being used by: applicable to owned"autos". Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc.,with its perm ssion 3 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV- 3usiness Auto Conditions: by a deductible equal to the amount of the highest deductible shown for any owned If you fail to disclose any hazards existing at the private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage "Family member" means a person related to to all endorsement holders as of the day the the individual named in 1.a. by blood, revision is effective in your state. marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT,CLAIM,SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit"or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim,"suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission wwwsaif.com saiFt.. Carrier no: 20001 Endorsement no: WC000313 SAIF policy: 811648 Vitus Construction Inc Waiver of Our Right to Recover from Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: All Operations Contractor name: Persons and/or organizations who, with ..he insured-employer are parties to a construction agreement as defined in ORS 30.140. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective date: October 01, 2020 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Countersigned September 29, 2020 at Salem, Oregon Kerry Barnett President and Chief Executive Officer 400 High Street SE Salem,OR 97312 P:,800.285.8525 F:503.373.8020 Pot_PC1_E43DB