Loading...
HomeMy WebLinkAbout2020-033 PO 20200363- Ashland Construction • CITY RECORDER Purchase Order Fiscal Year 2020 Page: 1 of: 1 • • B City of Ashland L ATTN:Accounts Payable Purchase _ • L Ash da�OR 975 •20 ) Order# 20200363 - T Phone: 541/552-2010 • O Email: payable@ashland.or.us • V H 0/0 Public Works Department E ASHLAND CONSTRUCTION - I 51 Winburn Way N 102 PLEASANT VIEW P Ashland, OR 97520 TALENT, OR 97540 Phone:541/488-5347 R O Fax:541/488-6006 • Paula Brown ca..�ca+lf!'r^ _:_iir:.+7► ..L.?°�� I ^-=_^. _ �_!. hs'_=__ •_._b - Tr __- 4 z , — r .�- - _ 03/18/2020 1508 FOB ASHLAND OR/NET30 City Accounts Payable Replace ramp walkway _ . • 1 Replacement of a concrete ramp walkway near 149 Clear Creek 1 $7,960.0000 $7',960.00 Drive Goods&Services Agreement(Less than$25,000) Completion date: 04/30/2020 Project Account: AAA A A**********GL SUMMARY*************** 081200-6041-00 $7,960.00 - • • • • • • • • By: Date: 3/ I?f aOro • Authorized Signature F —rte ____ $7 960.00 <- L , FfORM #3 CITY OF . n �� ASHLAND A request of El ��iJli'u !�6`EISO (MOT REQUISITION �� 0Date of request: • 03/09/2020 Required date for delivery: Vendor Name Ashland Construction Inc. Address,Gity,State,Zip 102 Pleasant View Talent,OR 97540 Contact Name&Telephone Number Ron Hobson 541-488-4571 Email address • SOURCING METHOD - ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: ❑ Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ 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 bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES - ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement _ 0 (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K , Agency , PERSONAL SERVICES 0 "Special Procurement ❑ 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 , ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached , City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) appioval required.(Attach copy of council communication) Description of SERVICES Total Cost Replacement of a concrete ramp walkway near 149 Clear Creek Dr. . • • . . . Item# , Quantity Unit Description of MATERIALS i Unit Price Total Cost • v. 0 Per attached quote/proposal •TOTAL.COST_ Project Number ___ Account Number 081200 604100 • • Account Number Account Number - 1 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. I IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,l certify that the City's public contracting requirements have been satisfied. _ nn ��,��p� (� 4$/14-4-4-Ze 20 ' Employee 1J�11 r '� Vim+ u DepartmentHead:��' c� . (Equal to or greater Phan$5,000) Department ManagerlSupervisor: City Administrator: , (Equal to orgreater than$25,000) Funds appropriated for current fiscal year: YES /NO �'�--L]k 4 IA ,, <s)1?/rD-`) Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: • , Form#3-Requisition GOODS &SERVICES AGREEMENT (LESS THAN$25,000) PROVIDER: Ashland Construction Inc. CITY OF PROVIDER'S CONTACT: Ron Hobson \SHLAN D 20 East Main Street ADDRESS: 102.Pleasant View Ashland,Oregon 97520 Talent,Oregon 97540 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-488-4571 Cell 541-944-2728 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Ashland Construction, Inc, a domestic business corporation ("hereinafter"Provider"),for replacement of a concrete ramp walkway located next to 149 Clear Creek Drive. 1. PROVIDER'S OBLIGATIONS 1.1 Provide replacement of a concrete ramp walkway located next to 149 Clear Creek Drive 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 goods and 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. 12.2 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 any change in insurance coverage Page 1 of 6: Agreement between the City of Ashland and Ashland Construction,Inc. • 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 such insurance approved by the City. 1.2.3 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. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 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 t9 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 or 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 iof 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$7,960.00(seventy-nine hundred sixty dollars)as provided herein as full compensation for the Work 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$7,960.00 (seventy-nine hundred sixty dollars) 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. 3.2 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. Page 2 of 6: Agreement between the City of Ashland and Ashland Construction,Inc. ti 3.3 The City may inspect and test the Work.The City may reject non-conforming Work and require Provider to correct it without charge or deliver it at a reduced price,'as negotiated.If Provider does not cure any defects within a reasonable time,the City may reject the Work and terminate 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). 3.4 Provider represents and warrants that any 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. 3.5 Provider is an independent contractor and not an employee'or agent of the City for any purpose. 3.6 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. 3.7 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. 3.8 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.9 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.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 unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 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; Page 3 of 6: Agreement between the City of Ashland and Ashland Construction,Inc. . � 4. SUPPORTING DOCUMENTS 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 City's written request for bids for"Replacement of a Concrete Ramp walkway (see plans, attached)located next to 149 Clear Creek Drive,Ashland,OR."dated February 4,2020. • The Provider's"Request For Quotations"written quote in the total amount of$7,960.00 by Ron Hobson dated February 25,2020. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement,City may, at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 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 April 30,2020,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 thus 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: Page 4 of 6: Agreement between the City of Ashland and Ashland Construction,Inc. • If to the City: City of Ashland—Engineering Department Attn: Chance Metcalf 20 E.Main Street Ashland,Oregon 97520 Phone: (541)488-5347 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,OR 97520 Phone: (541)488-5350 If to Provider: Ashland Construction,'Inc. Attn:Ron Hobson 102 Pleasant View Talent,OR 97540 541-944-2728 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other'sbreach 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: Agreement between the City of Ashland and Ashland Construction,Inc. 4 � , • 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: ASHL NSTRUC ION,INC.(PROVIDER): By: By: aula Brown,Public Works Director Signature /3 — € 20 to ; )// e7/763.364/ Date Printed Name Title Purchase Order No. CO' Date (W-9 is to be submitted with this signed Agreement) Page 6 of 6: Agreement between the City of Ashland and Ashland Construction,Inc. I Ii � I • q i REQUEST FOR QUOTATIONS • Project located near 149 Clear Creek drive,Ashland,OR. Please indicate your quotation for each of the following items as indicated below.City of Ashland will provide Surveying for contractor as well as' removal/disposal and base prep to Subgrade. Plans are attached to this request. rrUaniti:Priee 1'Arr oust.=' . ..r. r .. . . >, i � � tr r tt �y xi , .. r 5 ,•n. r z : r r 2 V s M"ice 1-. r Y i 'MOBIL.AZA'1�OTT.AND�A:�'�C<.CON�OL•:...� >d�., ��)�a��?.. � �Tn;...� ,. . ,.,> ,.t��.. �;;+.:.: Mobilization LS 1 0S Traffic Control(If needed) LS 1 n W RI Oaf ��a / i �r rF r tl.. rte.itis'r 4 !`�. 4 ttr• §a��l%', f to fair ri fir. f2�[.ro 'r.�o a.C �f�>nilr�r i F.�rth,.L7}d.,,ren;'.wxS.:.�1Nr.'zM S�t.sy%:.r.rr.i=�,.),s.+h•n 1v�r.h..x 3.e}rr...,idi�t r�kL.M..r�:t+ ,...}Fq.i,A.a rr«.Sa.�•,..tr. Installation of Base rock _I LS 1 rr�,�_rt"`t`x.j�� ' '...'r.�•.` WEARING S.LIRF,AGES� � Concrete Flatwork SF 324 _t Modified Concrete.Curb and Gutter LF 28 't� //20.3 — Landscape Concrete Curb LF 16 -L� Concrete ADA Ramp(Brick Red Dome) EA 1, i• — Clear Creek Drive Bid Total $ 79 Q QUOTE MUST BE RECEIVED BY: 2:00 PM,Tuesday r February 25,2020 Date: epq— o ..• • By: /J /hi sir • SigriAre A/ /7)13SaN Address: /DOS, l sft 'Yr Printed Namef7,J�4Wr OR9,s-4„ am rI�6S• T(ALC N Title 'ISA/14 44 �, .,4C • Comp y Phone: • I ' . ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 3 CITY OF ' FORM #2 ASHLAND INVITATION TO BID—TRADE SERVICES INTERMEDIATE PROCUREMENT Release date: February 4, 2020 Requested by: Chance Metcalf,Project Manager City of Ashland,Engineering Department 51 Winburn Way,Ashland, OR 97520 Tel: 541-552-2448, Fax: 541-488-6006 chance.metcalf@ashland.or.us Bids are due: 2:00PM,Monday,February 25,2020. Email: chance.metcalf ,ashland.or.us Delivered: 51 Winburn Way,Ashland, OR 97520 Complete delivery required by: April 14,2020 (Mandatory/No Exception) Preferred method of shipment for materials/equipment(if applicable): FOB Ashland—Freight Prepaid Bids may be faxed, emailed or hand delivered. Contractors shall submit bid on their company letterhead and,include the attached bid form. Informal email bids and/or late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability,Automobile and Workers' Compensation. Workers' Compensation insurance is mandatory. Subcontracting will not be permitted. "OR EQUAL": Any brand name listed in the specifications as"or equal" or"or equivalent" shall establish the minimum requirements for quality, utility, durability, function,purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost difference, alternates and options in the space provided in the quote. Thisclause is not meant to be restrictive,but to set the minimum standard. THE CITY SHALL DETERMINE,IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS "EQUAL." When the designation is "or equal"or"equivalent" City shall make its decision after Bid Closing. ITB—ADA Ramp Replacement—Clear CK,Page 1,of 2,1/29/2020 �r, L � SCOPE OF SERVICES The City of Ashland is accepting bids for the Replacement of a Concrete Ramp walkway(see plans,attached)located next to 149 Clear Creek Drive,Ashland,OR. The project will consist of the following work requirements: 1. Construction includes: A) Purchase of all Materials B) Installation labor to manufacturer specifications per plans 2. Contractor shall.At its own expense,at all times during the term of this agreement maintain in force: a. Work's Compensation insurance in compliance with ORS,656.017,which requires subject employers to provide Oregon worker's compensation coverage for all their subject workers. b. 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. The insurance required in this article shall include the following coverages: • Comprehensive General or Commercial Liability,including personal injury,contractual liability,and products/completed operations coverage;and • Automobile Liability A) Contractor shall NOT bid as prevailing wage job,according to the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage law. a. "Prevailing Wage Rates for Public Works Contracts in Oregon"can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. B) The contractor will be responsible for acquiring any and all permits and must call for inspection if necessary,for this project. C) The work must be performed during regular business hours.If work is required outside of these hours' prior notification and approval by the city is required. D) The contractor shall provide any and all manuals and/or warranty information on any materials and labor related to this project to the City upon completion of the project. a. A one-year warranty on workmanship shall be provided upon completion of the project. E) The project will be subject to the City of Ashland Living Wage Ordinance included in the goods and services contract. F) Bid Form included as exhibit A. G) The contractor will be required to enter into a"goods and services"contract similar to forms attached as exhibit B. H) Clear Creek Drive Plans included with ITB as exhibit C. If you have any questions and/or need additional information,please email Chance at chance.metcalf@ashland.or.us A Non-Mandatory pre-bid meeting will be scheduled for Wednesday,February 19,2020 starting at 9:00 a.m.on site located next to 149 Clear Creek Drive,Ashland OR. Due date and time for submitting bids is 2:00PM,Tuesday,February 25,2020. Late bids will not be considered. Thank you, G rac ifidowf Chance Metcalf Engineering Project Manager Method of Award:ORS 279B.070 Intermediate Procurements. (4)If a contFact is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise,product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 2 J REQUEST FOR QUOTATIONS Project located near 149 Clear Creek drive,Ashland, OR. Please indicate your quotation for each of the following items as indicated below. City of Ashland will.provide Surveying for contractor as well as removal/disposal and base prep to subgrade. Plans are attached to this request. ItemDescriptiou,_ „, ,v 't_.Quantity Unait£_,_:Unit Price Amount Mobilization LS 1 Traffic Control(If needed) LS 1 PREPWOR _ Installation of Base rock LS 1 WEARING SURFACES Concrete Flatwork SF 324 Modified Concrete Curb and Gutter LF 28 Landscape Concrete Curb LF 16 Concrete ADA Ramp(Brick Red Dome) EA 1 Clear Creek Drive Bid Total $ QUOTE MUST BE RECEIVED BY: 2i00 PM,Tuesday;February 25,2020 Date: By: Signature Address: Printed Name Title Company Phone: ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 3 GOODS AND SERVICES AGREEMENT (LESS THAN$25,000) PROVIDER: CITY OF PROVIDER'S CONTACT: ASHLAND 20 East Main Street ADDRESS: Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and XXXXXXXXX� �XXXX, (a domestic/foreign business corporation) ("hereinafter "Provider"), for (give very brief description of - -- ----- --------------- - ------ goods and services to be provided). 1. PROVIDER'S OBLIGATIONS_ 1.1 Provide more detailed description of goods and services 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 any change in insurance coverage ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 4 • J • 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 such insurance approved by the City. 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 or 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 $21,507.75 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$XXXXXX.(could be.hourly rate OR lump sum amount please refer to Proposal) as provided herein as full compensation for the Work 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$XXXXX (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. ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 5 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 executed 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 279B.235r 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 unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 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 at a 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). ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 6 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. 4. SUPPORTING DOCUMENTS 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 City's written XXXXXX (Request for:Proposals,etc) dated XXXXX. • The Provider's complete written XXXXXX dated XX XXX. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 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 XXXX_ XXXX, 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: City of Ashland—XXXXXX Department ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 7 Attn. XXXXXXXXXX XXX X_ 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Provider's name Attn:XXXX XXXXXXX 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. IN WITNESS WHEREOF thearties have caused this Agreement to be signed in their p �' � respective names by their duly authorized representatives as of'the dates set forth below. eClear CK,Page 2 of ITB—ADA Ramp Replacement ag2,12/18/2019 8 CITY OF ASHLAND: XXXXXXXXXXXXXXXXX (PROVIDER): By: By: Signature Signature Printed Name Printed Name Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. ITB—ADA Ramp Replacement—Clear CK,Page 2 of 2,12/18/2019 9 CUT 'N BREAK CONSTRUCTION INC. P.O. Box 1455 Medford, OR 97501-0108 CCB License #72046 541-779-1482/FAX 541-772-1913 John Lawton, President February 5,2020 City of Ashland Att: Chance Metcalf 541-552-2448 chance.metcalf@ashland.or.us Job Site: Clear Creek Dr(replacement of ADA ramp) This proposal is to install concrete as discussed. 324 sf of flat work 6 inch min.thickness(area includes ada ramp) concrete plus 3"±gravel base compacted in-place by contractor 28 If modified curb&gutter 16 If landscape curb(6" x 12") one ada ramp(brick red truncated domes, 8 If x 2 If) #4 rebar 12" o.c.e.w. -3" cir on edges 1.0'radius on face curb @ ramps 3300 psi concrete surveying layout to be done by coa removal/disposal and base prep to subgrade by coa(does not include compacted gravel base directly below concrete) EQUIPMENT,MATERIAL,AND LABOR: 12,680.00 When saw cutting, Cut 'N Break Construction, Inc. is not responsible for any damage to anything in or below the concrete. This includes water lines, electrical line, sprinkler systems, etc. Your signature indicates that you have read this notice and fully understand the limits of Cut'N Break Construction, Inc. responsibility. Billing and Payment Procedures: Invoices are presented on completion of work. Invoices are due and payable upon receipt. Delinquent invoices are subject to 1 1/2%,monthly on unpaid balance. We accept Visa and MasterCard for your convenience. Should you have any questions or need any additional information regarding the above proposal please do not hesitate to contact this office. THIS ESTIMATE IS GOOD FOR 30 DAYS! f Signing one copy of this letter and returning it in the enclosed envelope indicates acceptance of this proposal. Thank you, Travis Lawton Superintendent ACCEPTED By: Date: THIS ESTIMATE IS GOOD FOR 30 DAYS! a r• ��i`' "r r;3* a �>,,, �.� � i v:^a x ire ., .c� aer ra ' + T Crete a '" ,!$�, i �. ',. ` e' 'w'��. POEBOX s A., 4 .s < Eagle Pomt OR 97524, t ' t (5412.118332„ Number E E348 * '� � •ro creteco18@outlook comb ' � � r ; " License#0219140,,, E' ° 2/25/2020 re „7„,,s „ Bill To .. . .. Chance Metcalf City of Ashland,Public Works 20 East Main Street Ashland,OR,97520 • Project Clear Crk,Dr ' Description Amount 324 sq ft of 6”sidewalk With#4 rebar $4,564.00 ` 28 LF of modified curb&gutter $2,400.00 16 LF of landscape curb $880.00 brickred truncated dome installed $750.00 $1,600.00 Placement&compaction of baserock. Price includes all labor&material to complete said project. Price Does Not include any traffic control. Total $10,194.00 • 1 ® `�o DATE(MMlDD/YYW) 3(MM/DDCERTIFICATE OF LIABILITY INSURANCE 0 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). PRODUCER Brown &Brown Northwest NAME: CONTACT Susan Wilson, 3256 Hillcrest Park Drive (A/C.No.ext); 541-494-2658 FAX No): 541494-2758 Medford, OR 97504 E-MAIL ADDRESS: swilson Cl,bbnw.com INSURER(S)AFFORDING COVERAGE NAIC# www.bbnw.com INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B: Developers Surety&Indemnity Company Ashland Construction Inc INSURERC: SAIF Southern Oregon Concrete Pumping 102 Pleasant View INSURER D: Talent OR 97540 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 54450419 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) A �/ COMMERCIAL GENERAL LIABILITY ✓ �/ BKS1956059356 3/21/2019 3/21/2020 EACH OCCURRENCE $1,000,000 DAMAGE RENTED CLAIMS-MADE ,/ OCCUR PREM SESO(Ea occurrence) $1,000,000 • MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ✓ POLICY JECOT PRLOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAS1956059356 3/21/2019 3/21/2020 (EaaBcdeD1,INGLELIMIT '$1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A ,/ UMBRELLA LIAB I OCCUR U5056059356 4/24/2019 4/24/2020 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED ✓ RETENTION$10,000 $ C WORKERS COMPENSATION 469079 10/1/2019 10/1/2020 v STATUTE ETH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 B CCB Commercial License Bond 274336C 7/1/2018 7/1/2020 Limit: $50,000 B CCB Residential License Bond 274337C 7/1/2019 7/1/2021 Limit: $20,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re: All Operations&Projects by Named Insured. • General Liability includes Additional Insured coverage including Primary/Non-contributory and Waiver of Subrogation per attached endorsement CG88100413 when required by written contract. Subject to policy terms,limits,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATIVE ' 1 Susan Wilson, ©1988-2015 ACORD CORPORATION. All rights reserved: ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 54450419 1 00012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 13/4/2020 10:38:25 AM (PST) 1 Page 1 of 9 COMMERCIAL GENERAL LIABILITY4 CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 54450419 1 00012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 13/4/2020 10:38:25 AM (PST) 1 Page 2 of 9 With respect to coverage afforded by this endorsement,.the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; ' 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess(other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: • (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under. Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j.',Damage To Property is replaced by the following: Paragraphs (1), (3)and (4) of this exclusion do not apply to"property damage"(other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3)and (4) of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 54450419 1 00012132 119-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 3 of 9 A b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.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, lightning, explosion,smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident;and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury" or"property damage"occurs, or the"personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 54450419 1 00012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 4 of 9 t 1 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional:provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away;openings, sidewalk vaults,street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or,use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have:returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition i2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 54450419 1 00012132 119-20 GL/AUTO/BONDS 1 Susan Wilson 13/4/2020 10:38:25 AM (PST) 1 Page 5 of 9 2. With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage" arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. c. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. 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. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance:. If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 54450419 100012132 119-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 6 of 9 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease,facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy,whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED.-FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members (if you are alpartnership or joint venture), to your members (if you are a limited liability company),to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement,this provision (Paragraph (d))does not apply. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 54450419 1 00012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 7 of 9 4 Paragraphs (a) and (b) above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you, includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or"personal and advertising injury" arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an"occurrence", offense, claim or"suit" by an agent, servant or"employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury,shock,fright or death that results from such physical injury, sickness or disease. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 54450419 100012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 8 of 9 • P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV,—Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the executiori of the written contract or written agreement. • • ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 54450419 1 00012132 1 19-20 GL/AUTO/BONDS 1 Susan Wilson 1 3/4/2020 10:38:25 AM (PST) 1 Page 9 of 9