HomeMy WebLinkAbout2011-089 Contract - Straus & Seibert Architects
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Contract for Architectural Desian Services
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Straus & Seibert Architects
CONTACT: David Straus
ADDRESS: 1175 E. Main SI.
Medford OR. 97501
TELEPHONE: 541-779-4363
DATE AGREEMENT PREPARED: 5-12-2011 FAX: 547-779-3891
BEGINNING DATE: 5-25-2011 COMPLETION DATE: 11-25-2011
COMPENSATION: Amount not to exceed $26,210 Inhase 1\
SERVICES TO BE PROVIDED: Reference Exhibit C: Preliminary Scope Statement, Exhibit D Architectural
Desinn Services Police DeDartment Timeline and Exhibit E Cost of Services
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the departmenfs plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City: and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, In consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering Into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,703 or more, Consultant Is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
allendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. cit.ts Convenience. This contract mav be terminated at anv time bv Citv uoon 30 davs' notice in writino
Contract for Personal Services, Revised 07/28/2010, Page 1 of 5
and delivered by certified mail or in person.
c. For Cause. City may tenninate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
il. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iil. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked. suspended, or not renewed.
d. For Default or Breach.
I. Hher City or Consultant may tenninate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of tennination by the party giving notice.
il. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time tenninate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iil. The rights and remedies of City provided in this subsection (d) are not exclusive and are In
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Uabilitv of Parties. Tennination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract. unless expressly directed otherwise by City in the notice of termination. Further, upon tennination,
Consultant shall deliver to City all contract documents, infonnation, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work perfonned prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligalion it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Uabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Uabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Uabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance covera e s without 30 da s' written notice from the Consultant or its insurer s to
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Contract for Personal Services, Revised 07/28/2010, Page 2 of 5
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the City.
f. Additionallnsured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self.insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws. rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonapproprlations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City In the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to.6onsultant.
Certiflcatioh. onsultant
onsulta t:
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By
all s' n the certification attached hereto as Exhibit A and herein inco
City of Ashland -L
By ~('o. 0 ~ if k-
Department Hea
'\'j\"c..'h.....e.-i ~_ +4v~~+
Print Name
..s: I a-t.J / ~.LJlI
Date
Sig atu
_tAli/I) A . ~'f2I\ f /S
Print ame
~.jZrN{~rz .J
TIlle
5-!1-'2011
W-Q One copy of a W-9 is to be submitted with
the signed contract.
Purchase Order No.
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Contract for Personal Services, Revised 07/28/2010, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the .
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
crite ria:
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
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Contract for Personal Services, Revised 07/28/2010, Page 4 of 5
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CITY OF ASHLAND, OREGON
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EXHIBIT B
City of Ashland
LIV.ING
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Employees must be paid a
living wage:
_iJer houreffectivt!,June 30, ,2010
(IncreoalSes annuoally every .June 30~y the
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Consuftl.er. Price. Index)
)'> For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $18,703 or more.
)'> For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
portion of business of their
employer, if the employer has
ten or more employees,' and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $18,703.
)'> If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeterta plans (including
childcare) benefits to the
amount of wages received by
the employee.
)'> Note: 'Employee' does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month pertod. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
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Contract for Personal Services, Revised 07/28/2010, Page 5 of 5
CITY OF
ASHLAND
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Exhibit C
Preliminary Scope Statement
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Architectural Design Services-Police Department Relocation
City of Ashland, Oregon
1. Introduction:
Provide professional design service to remodel an existing 10,000 square foot City owned
building located at 119S East Main Street, Ashland, Oregon (referred to as "the Grove") for use
as a new Police Facility.
2. Objectives:
. Relocate the Police Department with the least interruption to service. .
. Create a Dual Public + Police Facility for "Community Policing Image".
. To the extent possible conformance with IACP standards.
. Incorporate environmentally and sustainable building practices.
. User satisfaction.
3. Scope Description:
It is understood that the project will be considered in three Phases.
. Phase 1. Pre-Design (to include Programming, Schematic Designs, Planning Approvals
and Project Budget confirmation). A "Notice to Proceed" will be issued for only Phase .
One work at this time,
. Phase 2. Design Development (to include development of the approved schematic
design).
. Phase 3. Construction Documentation (to include preparation of detailed documents
for construction of the remodel.
The Work Scope for the Police Relocation to include:
. Kick-Off Meeting
. Data Gathering, to include existing building condition reports
. City Pre-Application Meeting
. Two day Program & Interview Workshop
. Space Program Draft
. City Program Approvals
. Develop Concept Alternatives
. Workshop for Program and Concept Alternates Review
. Complete Budget confirmation
. Draft Final Report
. City review of Report
. Final Draft of Report
. Presentation of Project results to City Council and others as required
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Straus & Seibert
Ashland Police Relocations
Page 1
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4. Requirements:
Facility redesign will address as a minimum these concerns:
. Lobby-Public access including public facilities
. Circulation and adjacencies
. Confidentiality screening needs
. Storage, evidence and general
. Archives
. Evidence room & vault
. Secure Booking
. Interview rooms
. Briefing and Training areas
. Emergency Operations Center (EOe)
. Criminal Investigations
. Records and Property Storage
. Reception, Service Counter and Lobby
. Locker Rooms
. Lunch/Break Room
. Volunteer Work Stations
The development process will determine space needs for offices, work areas, staff cubicles,
common areas and public areas. Adjacency requirements will be analyzed for best use of space
and staff time.
5. Boundaries:
Work not included: Tasks not delineated in the RFP Phase 1 work.
6. Deliverables:
Phase 1 deliverables:
. Final Scope of Services
. Attendance at a pre-application meeting with City of Ashland Planning Department and
prepare paradigm for planning approval of building remodel
. Provide Programming Document for project that meets the needs of the Police Dept.
. Prepare Schematic Design(s) for approval
. Provide Schematic Cost Budget
. Make presentations as required
7. Acceptance Criteria:
. Conduct periodic reviews of in-progress and completed work with stakeholders
. Receive signed acceptance by owner of project reviews
. Conduct debriefs with stakeholders
. Request acceptance Project of Requirements and project construction
8. Constraints:
. Remodel of an existing building
. Possible additions of 3,000sf of interior second floor space within existing building
. Budget limitations
. Community Development Dept. Chapter 18
Straus & Seibert
Ashland Police Relocations
Page 2
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9. Assumptions: .
Assumptions the stakeholders accept as a basis under which the Project Team will operate are:
· Political considerations will not be a part of this project development
· The Project advancement beyond Phase 1 will be determined by funds available
. Deviation from the Work Plan will constitute a change in scope
. Program development will be by the Design Team with Stakeholder impute
. All building remodel will occur within the confines of the existing structure
10. Initial Organization:
The Design Team headed by a Project Manager (PM) will administer this project. Design Team
members will report to the PM who will report to the head of the City Development Team
(COT).
The PM and COT will establish the project development procedures.
11. Initial Defined Risks:
. Maintain project development within the existing structure.
. Guard agent Scope Creep
. Discuss at first meeting for mutual agreement of Defined Risks
12. Schedule Milestones:
See attached Project Schedule
13. Fund Limitation:
To be determined
14. Cost Estimate:
Initial Project Probable Cost Budget Summary by Straus and Seibert noted a total Project
Estimate of $1,847,743.00. This estimate could be used as starting point for Project Budget
Limitations. .
1S. Project Criteria:
As established by the City before and during initial meetings.
16. Approval Requirements:
. Determine the approval procedures
. Determine who will make the approvals
. Constitute the approval forms
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Straus & Seibert
Ashland Police Relocations
Page 3
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EXHIBIT E
COST OF SERVICES
PHASE 1, PRE-DESIGN AND SCHEMATIC DESIGN
Architectural Design Services-Police Department
RFP No. 2010-20
Work
Plan"
2.2.6
April 21, 2011
I
I Architects I Production Staff I Task Total
I I
l-.~~.--- HO~!..~__~_~!!.!ot~IL__~~~!.____ Ho~__~~.!~!d
. I .
I . .
! 100 6 600 I 70 4 280 i 880
! 100 16 1600 70 32 2240 I 3G40
I 100 3 300 70 4 280 I 580
, .
I 100 36 3600 70 32 2240 I 5840
, I
I 100 2 200 70 2 140. 340
>+ ;;:;(&0;'30' ";~QQO 'j'>io:.';":;' 44 .\'<r~(j86; J'60lii:>
,;;1; ~i":':Y':!1~6 i;:!i~::!:;:~;::' '" i :lll::;:.~;:~
i 100 2 200 I 70 1 70 I 270
I 100 6 600; 70 16 1120 I 1720
145 12700 205 13510 26,210
Work Plan Task
1
2
3
4
5
6.<'
7
~:::
10
11
lKick Off
Data Gathering/Scope
I Pre-App Meeting
iProgramming
jProg; Approvals
:''::'ISd)iim~tlii'1i~sjgii''''
Present Schematic
i;12~~e~;;~~t;~~~~W~
I Approvals
,
i Report/Presingtation
TOTAl
Programming 9680
.tf~ftr!~~~)~~;" ':,'1%\i:'t1f~~~~
Planning Approvals, etc. 4130
Total 26210
PHASE 2 SERVICES, DESIGN DEVELOPMENT
Prepare documents illistrating the current and future building designs using
the #1 Schematic Design. Provide updated Cost Budgets. Include Site Plan
showing parking layout and other site amenities.
20,959
PHASE 3 SERVICES, CONSTRUCTION DOCUMENTATION
Prepare detailed construction documents (drawings and specifications).
Provide final Cost Budget to used for bidding. Assist the City in the
preparation of bidding forms and obtain required City Planning and Building
approvals.
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OP 10: SAW
ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
~ 05/02/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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(sl.
PRODUCER 541-773-5358 CONTACT
NAME:
Protectors Insurance, LLC 541-772-1906 I rl\~~NE Ir~NO\:
Pilot Rock Ins Agency LLC (eA) C No Ex(:
PO Box 4669 E-MAIL
Medford, OR 97501 ADDRESS:
Dennis C. Flenner ~n~EJ~~~~ ID II: STRAU-1
INSURERf51 AFFORDING COVERAGE NAletl
INSURED Straus & Seibert Architects INSURER A: TransDortation Insurance Co.
LLP INSURER B: CNA Continental Casualty Co
1175 E. Main St Ste 2E INSURER C :
Medford, OR 97504 INSURER 0 :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE lNSURANCE 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 AD POUCY EFF :g~%~ i
LTR powey NUMBER MMlODNYYY UMITS
GENERAL LIABIUTY EACH OCCURRENCE . 1,000,000
A X COMMERCIAL. GENERAL LIABILITY X 024216240 10/21/10 10/21/11 ~~~~~s rEa occurrence' . 1,000,000
I CLAIMS-MADE 00 OCCUR MED EXP (Anyone person) I 10,000
A ~ Hired Auto 4024216240 10/21/10 10/21/11 PERSONAL & ADV INJURY . 1,000,000
A X Non owned Auto 14024216240 10/21/10 10/21/11. GENERAl AGGREGATE . 2,000,000
rl'L AGG~EnE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG . 2,000,00
POLICY I P'!W; LOC Auto . 1,000,000
AUTOMOBIl.E l.IABILlTY COMBINED SINGLE LIMIT .
f- (Eaaccidanl)
f- ~Y AUTO BODIl. Y INJURY (Per person) I
f- All. OWNED AUTOS BODIl. Y INJURY (Per accident) .
f- SCHEDULED AlITOS PROPERTY DAMAGE
.
f- HIRED AlITOS (Peraccidenl)
f- NON-OWNED AlITOS .
I
UMBRELLA L1AB H ~CCUR EACH OCCURRENCE .
I- EXCESS L1AB
CLAlMS-MADE AGGREGATE .
f- DEDUCTIBl.E .
RETENTION . I
WORKERS COMPENSATION WC STATU IO:~-
AND EMPLOYERS' LIABILITY VIN
ANY PROPRIETORlPARTNERlEXECUTIVE 0 E.L. EACH ACCIDENT .
OFFICERIMEMBER EXCl.UDED? NIA
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $
lfyes,desaibeunder
DESCRIPTION OF OPERATIONS below E_L. DISEASE - POLICY LIMIT .
B Professional L1ab AEH004313752 08/22/10 08/22/11 Occurence 1,000,00
Aggregate 2,000,00
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space Is required)
Ci~ of Ashland Oregon and it's elected officials, officers and employees as
ad itional insured's per SB-3000176-A
CERTIFICATE HOLDER
CANCELLATION
CITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WlLL BE DELIVERED IN
20 E Main Str ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520
AUTHORIZED REPRESENTATIVe
, ~1fJlfi,r
ACORD 25 (2009/09)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
C'NA
SB-300176-B
(Ed. 01/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGN ONE LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY
COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE
Each Pollution Incident Limit $
Pollution Liability Aggregate Limit $
(If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the
Declarations as appiicable to this endorsement.)
Table of Endorsement Contents
Item # Topic Name
Changes to Section A. Coverages
1. Enhanced Supplementary Payments
Changes to Section B. Exclusions
2. Extended Property Damage Coverage
3. Contractual Liability for Personal and Advertising Injury
Changes to Section C. Who Is An Insured
4. Additional Insureds: State or Political Subdivisions - Penmits, State or Political Subdivisions,
Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of
Insured Premises, Lessor of Equipment
5. Fellow Employee First Aid
6. Retired Partners, Members, Directors, and Employees
7. Participation in Professional Joint Ventures
;., dB anlie. "'. ,i ional.,.lnsU[11 ittUF.!IO !e:()JI1 ~'Iete (!lAIU'a lons1,Govera "e;oali ai'll(e."Wive ,ltl!.
,""~~~" aliii"
9. Amendment - Aggregate Limits of Insurance (Per Project)
Changes to Section F. Definitions
10. Extended Bodily Injury
11. Contractual Liability -.Railroads
12. Office Premises - Limited Pollution Liability Coverage
1. Enhanced Supplementary Payments
The values shown in paragraph 1.f., Coverage
Extension - Supplementary Payments, of
Section A. Coverages are amended as follows:
A. The amount shown in paragraph (b) for bail
bonds is amended from $1,000 to $3,000.
B. The amount shown in paragraph (d) for actual'
loss of eamings because of time off work is
amended from $250. per day to $300. per day.
2. Extended Property Damage
Exclusion 1.a., Expected or Intended Injury, of
Section B. Exclusions Applicable to Business
Liability Coverage, is deleted and replaced with
the following:
This insurance does not apply to:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
SB-300176-A
(Ed. 01/08)
Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 1 of 12
C'NA
or "property damage" resulting from the use of
reasonable force to protect persons or property.
3. Contractual Liability for Personal and
Advertising Injury
Exclusion 1.p.(5) of Section B. Exclusions
Applicable to Business Liability Coverage, is
deleted.
4. Additionallnsureds
Section C. Who Is An Insured is amended to
include the following additional insureds, subject to
the provisions stated below:
A. State or Political Subdivisions - Permits
1. This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
2. This insurance does not apply to:
a. "Bodily injury," property damage,"
"personal and advertising injury" arising
out of operations performed for the
state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-competed
operations hazard."
B. State or Political Subdivisions
A state or political subdivision subject to the
following provisions:
1. This insurance applies only with respect to
the following hazards for which the state or
political subdivision has issued a permit in
connection with premises you own, rent, or
control and to which this insurance applies:
a. The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoistaway
openings, sidewaik vaults, street
banners, or decorations and similar
exposures; or
b. The construction, erection, or removal
of elevators.
2. This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
This insurance does not apply to "bodily
injury," "property damage" or personal and
advertising injury" arising out of operations
performed for the state or municipality.
S8-300176-B
(Ed. 01/08)
C. Controlling Interest
Any persons or organizations with a controlling
interest in you but only with respect to their
liability arising out of:
1. Their financial control of you;
2. Premises they own, maintain or control
while you lease or occupy these premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for such additional
insured.
D. Managers or Lessors of Premises
A manager or lessor of premises but only with
respect to liability arising out of the ownership,
maintenance or use of that specific part of the
premises leased to you and subject to the
following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to be a tenant in that premises;
or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
E. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with
respect to their liability as mortgagee, assignee,
or receiver and arising out of the ownership,
maintenance, or use of a premises by you.
This insurance does not apply to structural
alterations, new construction or demolition
operations performed by or for such additional
insured.
F. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and
covered under this insurance but only with
respect to the co-owners liability as co-owner of
such premises.
G. Lessor of Equipment
Any person or organization from whom you
lease equipment. Such person or organization
are insureds only with respect to their liability
arising out of the maintenance, operation or use
by you of equipment leased to you by such
person or organization. A person's or
organization's status as an insured under this
endorsement ends when their written contract
or agreement with you for such leased
equipment ends.
SB-300176-A
(Ed. 01/08)
Includes copyrighted material of the Insura-nee Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 2 of 12
C'NA
With respect to the insurance afforded, these
additional insureds, the following additional
exclusions apply:
This insurance does not apply:
1. To any "occurrence" which takes place
after the equipment lease expires; or
2. To "bodily injury," "property damage" or
"personal and advertising injury" arising out
of the sole negligence of such additional
insured.
Any insurance provided to an additional insured
designated under paragraphs A. through G.
above does not apply to "bodily injury" or
. "property damage" included within the
"products-completed-operations hazard."
5. Fellow Employee First Aid
Paragraph 2.a.(1)(d) of Section C. Who Is An
Insured is deleted and replaced with the following:
However none of these "employees" is an insured
for:
(d) "Bodily injury" or "personal and advertising
injury" arising out of his or her providing or
failing to provide professional health care
services. However this restriction does not
apply to first aid administered by an "employee"
who is not an employed doctor or nurse.
6. Retired Partners, Members, Directors, and
Employees
Paragraph 2. of Section C. Who Is An Insured is
amended to include the following as insureds:
Individual persons who are retired partners,
members, directors or employees are also insureds,
but only for "bodily injury," "property damage,"
"personal and advertising injury" that results from
services performed for you under your direct
supervision.
7. Participation in Professional Joint Ventures
A. The following paragraph 5. is added to Section
C. Who Is An Insured:
5. You are also an insured for your
participation in a past or present joint
venture that is not named on the
Declarations, but only if such joint venture
meets all of the following criteria:
a. Each and every one of your co-
venturers are architectural, engineering
or surveying firms;
b. The joint venture has no direct
employees; and
5B-300176-A
(Ed. 01/08)
5B-300176-B
(Ed. 01/08)
,
c. The joint venture does not own, rent or
lease any reai or personal property.
However, you are insured only for the
conduct of your business within such a joint
venture. You are not insured for liability
arising out of the acts or omissions of other
co-venturers, nor of their partners,
members or employees. .
This insurance is excess over any other
insurance available to such a joint venture,
whether primary, excess, contingent, or on
any other basis.
B. The last paragraph of Section C. Who Is An
Insured is deleted and replaced by the
following:
Except as provided in 5. above, 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.
8.
The following is added to Section C., - Who is an
Insured:
A. The Businessowners Liability Coverage form is
amended to include as an insured, any person
or organization whom you are required to add
as an additional insured on this policy under a
written contract or written agreement, but the
written contract or written agreement must be:
1. Currently in effect or becoming effective
during the term of this policy; and
2. Executed prior to the "bodily injury,"
"property damage," or "personal and
advertising injury."
. B. The insurance provided to the additional
insured is limited as follows:
1. That person or organization is an additional
insured solely for liability due to your
negligence specifically resulting from "your
work" for the additional insured which is the
subject of the written contract or written
agreement. No coverage applies to liability
resulting from the sole negligence of the
additional insured.
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in
the Declarations of this policy, whichever is
less. These limits of Insurance are inclusive
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Copyright, Insurance Services Office, Inc.
Page 3 of 12
C'NA
of, and not in addition to, the Limits of
Insurance shown in the Declarations.
3. The coverage provided to the additional
insured within this endorsement and section
titled Liability and Medical Expenses
Definitions - "Insured Contract" (Section F.,
item 9.), within the Businessowners Liability
Coverage Form, does not apply to "bodily
injury" or "property damage" arising out of
the "products-completed operations hazard"
unless required by the written contract or
written agreement.
4. The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," "personal and
advertising injury" arising out of an
architect's, engineer's, or surveyor's
rendering of or failure to render any
professional services, including:
a. The preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications by any architect,
engineer or surveyor performing
services on a project of which you
serve as a construction manager; or
b. Inspection, supervision, quality control,
engineering or architectural services
done by you on a project of which you
serve as construction manager.
5. This insurance does not apply to "bodily
injury," "property damage," or "personal
and advertising injury" arising out of:
a. The construction or demolition work
while you are acting as a construction
or demolition contractor. This exclusion
does not apply to work done for or by
you at your premises.
C. Businessowners General Liability
Conditions - Duties in the Event of
Occurrence, Offense, Claim or Suit (Section
E.2.) of the Businessowners Liability
Coverage Form is amended to add the
following:
An additional insured under this endorsement
will as soon as practicable:
1. Give written notice of an occurrence or an
offense to us which may result in a claim or
"suit" under this insurance;
2. Tender the defense and indemnity of any
claim or "suitl1 to us for a loss we cover
under this Coverage Part;
SB-300176-A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
3. Tender the defense and indemnity of any
claim or "suit" to any other insurer which
also has insurance for a loss we cover
under this Coverage Part; and
4. Agree to make available any other
insurance which the additional insured has
for a loss we cover under this coverage
part.
We have no duty to defend or indemnify an
additional insured under this endorsement until
we receive written notice of a claim or "suit"
from the additional insured.
D. Other Insurance (Section H.2. and H.3.) of
the Businessowners Common Policy
Conditions are deleted and replaced with the
following:
2~~fUlQsrrrfIDg~~~~~~Sjtg:y~t~5~r
" iilsuranw"hamin'g-the 'additional insured as
."an' insured .; whether Rrimal)', 'excess,
c.pontingenhor on ,0therrsa5fs unless a
;'Wr1iWfu.JiWo'1\1rac !iie~gre~ent
'---'-~ReCifiCaIlY re~ul tFHs.,ins.ut:~t)e
I..eiiil~primarx "or; Rrimal)'illl.. and
~i;i1'6ntr~~re~t2~ J~~[.a.9itTW1'8i~:iE~~js
.~i~p.~~~~~li~~~~cii~t~i~~[if~~
1!$,~9.d_~W.!!!t.I.~l;u.@.Q~!:ta~'l.e.!lli,.!',.llife,,~~ an
,,-- addltlonal'lnsured'oy endorsement,._,.t.$.l
3. When this insurance is excess, we will
have no duty under Coverages A or B to
defend the additional insured against any
"suit" if any other insurer has a duty to
defend the additional insured against that
"suit" if no other insurer defends, we will
undertake to do so, but we will be entitled
to the additional insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
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Copyright, Insurance Services Office, Inc.
Page 4 of 12
C'NA
E.
9. . Amendment- Aggregate Limits of Insurance
(Per Project)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Coverage A.1., and for all
medical expenses caused by accidents under
Coverage A.2., which can be attributed only to
ongoing operations at a single construction
project:
1. A separate Construction Project General
Aggregate limit applies to each construction
project. The Construction Project General
Aggregate limit is equal to the amount of
the General Aggregate limit shown in the
Declarations.
2. The Construction Project General
Aggregate limit is the most we will pay for
the sum of all damages payable under
Coverage A.1., except damages because
of "bodily injury" or "property damage"
included in the "products-completed
operations hazard," and for medical
expenses payable under Coverage A.2.
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making
claims or bringing "suits."
3. Any payments made under Coverage A.1.
for damages or under Coverage A.2. for
medical expenses shall reduce the
Construction Project General Aggregate
limit for the applicable construction project.
Such payments shall not reduce the
General Aggregate limit shown in the
Declarations nor shall they reduce any
Construction Project General Aggregate
limit applicable to other construction
projects.
SB-300176.A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
4. The limits shown in the Declarations for
Liability and Medical Expenses. Damage to
Premises Rented to You, and Medical
Expenses continue to apply. However,
instead of being subject to the General
Aggregate limit shown in the Declarations,
such limits will be subject to the applicable
Construction Project General Aggregate
limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences," and for all medical expenses
caused by accidents, which cannot be
attributed only to ongoing operations at a single
construction project:
1. Any payments made under Coverage A.1.
for damages or under Coverage A.2. for
medical expenses shall reduce the amount
available under the General Aggregate limit
or the Products/Completed Operations
Aggregate limit, whichever is applicable;
and
2. Such payments shall not reduce any
Construction Project General Aggregate
limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because
of "bodily injury" or "property damage" included
in the "products-completed operations hazard"
will reduce the Products/Completed Operations
Aggregate limit, and not reduce the General
Aggregate limit nor any Construction Project
General Aggregat,e limit.
D. If a construction project has been abandoned,
delayed, or abandoned and then restarted, or if
the authorized contracting parties deviate from
plans, blueprints, designs, specifications or
timetables, the project will still be deemed to be
the same construction project.
E. The provisions of the Limits Of
section not otherwise modified
endorsement shall continue to
stipulated.
10. Extended Bodily Injury
Definition 3. "Bodily Injury," of Section F.,
Definitions, is deleted and replaced with the
following:
3. "Bodily Injury" means bodily injury, sickness
or disease, mental injury or mental anguish
sustained by a person, including death resulting
from any of these.
11. Contractual Liability - Railroads
Insurance
by this
a pply as
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Copyright, Insurance Services Office, Inc.
Page 5 of 12
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With respect to operations perfomned within 50 feet
of railroad property, the definition of "insured
contract" in Section F., - Definitions is replaced
by the following:
8. "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 or 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, inciuding
those listed in paragraph (1) above and
supervisory, inspection, architectural or
engineering activities. .
SB-300176-A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
12. Office Premises Limited Pollution Coverage
This Office Premises Limited Pollution Coverage
section of the Architects, Engineers and Surveyors
Extension endorsement modifies several portions
of the Businessowners Liability Coverage Fomn.
These modifications apply only to the coverage
provided by this section of the endorsement.
A. The following paragraph 3. is added to
. SECTION A. COVERAGES:
3. Office Premises Limited Pollution
Coverage
a. Insuring Agreement
(1) We will pay those sums that the
insured becomes legally obligated
to pay as damages because of
"bodily injury" or "property damage"
which directly results from a
covered "pollution incident" to
which this insurance applies. We
will have the right and duty to
defend any "suit" seeking those
damages. We may at our discretion
investigate any "pollution incident"
and settle any claim or "suit" that
may result. But:
(a) The amount we will pay for
damages is limited as
described in SECTION D.
LIMITS OF INSURANCE as
amended by this endorsement;
and
(b) Our right and duty to defend
end when we have used up the
applicable limit of insurance in
the payment of judgments or
settlements.
(c) We have no duty to defend
"suits" seeking damages not
covered by this endorsement.
No other obligation or liability to
pay sums or perfomn acts or
services is covered unless explicitly
provided for under paragraph 1.e.
Coverage Extension
Supplementary Payments of
SECTION A. as amended by this
section of the endorsement.
(2) We will also reimburse you for
"preventive remedial expense" that
directly results from a covered
"pollution incident" to which this
insurance applies.
We will reimburse you up to
$25,000 per annual policy period
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Copyright, Insurance Services Office, Inc.
Page 6 of 12
C'NA
SB.300176-A
(Ed. 01/08)
for all "preventive remedial
expense" directly resulting from all
covered "pollution incidents,"
subject to a deductible of $5,000
per covered "pollution incident."
This annual limit is in addition to
the per incident deductible, and is
in addition to the Pollution Liability
Aggregate Limit described in
SECTION D. LIMITS OF
INSURANCE as amended by this
endorsement.
This "preventive remedial expense"
coverage does not apply to
expenses that are covered by any
other insurance available to the
insured.
(3) This insurance applies to "bodily
injury," "property damage" or
"preventive remedial expense" at,
on or from "your office premises"
only if:
(a) The "bodily injury" directly
results from a "pollution
incident" that happens entirely
above-ground at or from "your
office premises"; or
(b) The "property damage" occurs
off of "your office premises"
and directly results from a
"pollution incident" that
happens entirely above-ground
at or from "your office
premises"; or
(e) The "preventive remedial
expense" directly results from a
"pollution incident" that
happens entirely above-ground
on "your office premises" and
does not resuit in any covered
"bodily injury" or lIproperty
damage; and
(d) The "pollution incident":
(i) is demonstrable as
commencing and ending
within 72 hours;
(ii) is accidental;
(iii) "commences during the
policy period"; and
(iv) happens in the "coverage
territory."
(4) "Commences during the policy
period" means that the first
emission, discharge, release or
SB-300176-B
(Ed. 01/08)
escape of the "pollutant" or
"pollutants" from which the "bodily
injury" or "property damage" arises
is demonstrable as having occurred
during this policy period.
(5) All "bodily injury" or "property
damage" resu~ing from one
"pollution incident" shall be deemed
to have occurred only at the
commencement date of the
covered "pollution incident."
(6) The insured's responsibility to pay
damages because of "bodily injury"
or "property damage" must be
determined in a "suit" on the merits
in the "coverage territory" or in a
settlement we agree to.
(7) Damages because of "bodily injury"
include damages claimed by any
person or organization for care,
loss of services, or death resulting
from the "bodily injury."
B. SECTION B. EXCLUSIONS is deleted and
replaced by the 'following:
This insurance does not apply to:
a. "Bodily injury," "property damage" or
"preventive remedial expense" expected or
reasonably foreseeable from the standpoint
of the insured.
b. "Bodily injury." "property damage" or
"preventive remedial expense" arising out
of a "pollution incident" which is a repeat or
resumption of a previous "pollution
incident" involving the same pollutant from
essentially the same source within the
previous twelve (12) months, at the same
premises.
e. "Bodily injury" or "property damage" for
which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in the
absence of the contract or agreement.
d. Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or any
similar law.
e. "Bodily injury" to:
(1) An employee of the insured arising out
of and in the course of:
(i) employment by the insured; or
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Copyright, Insurance Services Office, Inc.
Page 7 of 12
C'NA
(ii) performing duties related to the
conduct of the insured's business.
(2) The spouse, child, parent, brother or
sister of that employee as a
consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
f. "Property damage" to
(1) A "waste facility" to which waste from
the operations of an insured is
consigned;
(2) Property you own, rent, or occupy now
or at any time in the past;
(3) Premises you sell, give away or
abandon, if the "property damage"
arises out of any part of those
premises;
(4) Property loaned to an insured; or
(5) Personal property in care, custody or
control of an insured.
Paragraph (2) of this exclusion f. does not
apply to "preventive remedial expense" at .
property you own, rent or occupy now.
g. "Bodily injury" at or from a "waste facility"
to which waste from the operation of an
insured is consigned.
h. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of a "pollution incident" at or from a "waste
facilityl1 which is on "your office premises."
i. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard."
j. "Bodily injury" or "property damage" arising
out of the ownership or operation of any
offshore facility as defined in the Outer
Continental Shelf Lands Act Amendment of
1978 or the Clean Water Act of 1977 as
amended 1978 or any deepwater port as
defined in the Deepwater Port Act of 1974
as amended or as may be amended.
k. "Bodily injury" or "property damage" arising
out of heat, smoke or fumes from a hostile
fire at any premises, site or location which
is or was at any time owned or occupied by
or rented or loaned to any insured.
8B-300176-A
(Ed. 01/08)
8B-300176-B
(Ed. 01/08)
As used in this exclusion, a hostile fire
means one which becomes uncontrollable
or breaks out from where it was intended to
be.
I. "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto,"
rolling stock or watercraft owned or
operated by or rented or loaned to any
insured. Use includes operation and
"loading or unloading."
This exclusion does not apply to "bodily
injury" or "property damage" arising out of
parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured.
m. "Bodily injury" or "property damage" arising
out of the emission, discharge, release or
escape of drilling fluid, oil, gas or other
fluids from any oil, gas, mineral, water or
geothermal well.
n. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of a "pollution incident" which results from
or is directly or indirectly attributable to
failure to comply with any applicable
statute, regulation, ordinance, directive or
order relating to the protection of the
environment and promulgated by any
govemmental body, provided that failure to
comply is a willful or deliberate act or
omission of:
(1) The insured; or
(2) You or any of your members, partners,
executive officers or managers of
limited liability companies.
o. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of acid rain.
p. Any loss, cost or expense arising out of any
request, demand or order by a
govemmental authority that any insured or
others test for, monitor, clean-up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the affects
of "pollutants" at any site which is included
on an EPA or state environmental agency
priority clean-up list prior to the "pollution
incident."
q. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of a "pollution incident" which results from
failure of air or waste water pollution control
equipment.
Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 8 of 12
C'NA
r. "Bodily injury," "property damage" or
"preventive remedial expense" resulting
from the "hazardous properties" of "nuclear
material."
As used in this exclusion:
"Hazardous properties" includes
radioactive, toxic, or explosive properties;
"Nuclear material" means "source
material," "special nuclear material," or "by~
product material";
"Source material," "special nuclear
material," and "by-product material" have
the meanings given them in the Atomic
Energy Act of 1954, or in any law
amendatory thereof.
s. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of a "pollution incident" from any insured's
premises that was used by that insured for
the storage. disposal, processing or
treatment of waste materials and was:
(1) Sealed off, closed, abandoned or
alienated prior to the effective date of
this policy; or
(2) Sealed off or closed subject to statute,
ordinance or governmental regulation
or directive requiring maintenance or
monitoring during or after sealing off or
closure.
t. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of waste derived from medical services,
procedures, testing or research. and which
could potentially transmit disease.
u. Any multiple, punitive or exemplary
damages or fines or penalties. However, if
a "suit" is brought against the insured with
respect to a claim for acts or alleged acts
falling within the coverage hereof, seeking
both compensatory and punitive or
exemplary damages, then we will afford a
defense to such action, without liability for
such punitive or exemplary damages.
v. "Bodily injury," "property damage" or
"preventive remedial expense" arising out
of:
(1) the actual, alleged or threatened
exposure at any time to asbestos or
any loss, cost, or expense that may be
awarded or incurred by reason of a
claim or "suit" for such injury or
damage; or
SB-300176-A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
(2) complying with a govemmental
direction or request to test for, monitor,
clean-up, remove, contain, or dispose
of asbestos.
Asbestos means the mineral in any form
whether or not the asbestos was at any
time:
(1) Airborne as a fiber, particle, or dust;
(2) Contained in or formed a part of a
product, structure, or other real or
personal property;
(3) Carried on clothing;
(4) Inhaled or ingested; or
(5) Transmitted by any other means.
w. "Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile
equipment" by "auto" owned or
operated by or rented or loaned to any
insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for. a
prearranged racing, speed or
demolition contest or in any stunting
activity.
x. Any loss, cost or expense arising out of
any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain. treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of "pollutants."
However, this exclusion does not apply to
liability for damages because of "property
damage" that is not otherwise excluded by
this coverage, Office Premises Limited
Pollution Coverage, unless the request,
demand, order or statutory or regulatory
requirement or claim or "suit" is solely by or
on behalf of a govemmental authority.
C. Paragraph 1.f.(1)(c) of Coverage Extension -'
Supplementary Payments, of SECTION A.
COVERAGES is deleted and replaced by the
following:
Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 9 of 12
C'NA
(3) Expenses incurred by the insured for first
aid to others at the time of a "pollution
incident" for "bodily injury" to which this
insurance applies.'
D. SECTION C. WHO IS AN INSURED is
amended as follows:
1. The following subparagraph d. is added to
paragraph 4. of SECTION C. WHO IS AN
INSURED:
d. Coverage 4., Office Premises Limited
Pollution Coverage, does not apply to
"bodily injury" or "property damage"
arising out of "pollution incidents" that
occurred before you acquired or formed
the organization.
2. The following additional paragraph is added
at the end of SECTION C. WHO IS AN
INSURED:
No person or organization identified as an
insured on any endorsement now or
hereafter attached to this Coverage Part is
an insured with respect to COVERAGE 4.,
Office Premises Limited Pollution
Coverage, unless that endorsement
specifically references Office Premises
Limited Pollution Coverage by name.
E. SECTION D. LIABILITY AND MEDICAL
PAYMENTS LIMITS OF INSURANCE is
deleted and replaced by the following:
LIMITS OF INSURANCE
1. The Limits of Insurance described in this
endorsement's Schedule 'of Limits for
Office Premises Limited Pollution
Coverage, and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making
claims or bringing "suits."
2. The Pollution Liability Aggregate Limit is
the most we will pay for all damages
because of all "bodily injury" and "property
damage" directly resulting from all
"pollution incidents" to which Office
Premises Limited Pollution Coverage
applies.
3. Subject to 2. above, the Each Pollution
Incident Limit shown in the Schedule is the
most we will pay for the sum of all
damages because of "bodily injury" and
"property damage" directly resulting from
anyone "pollution incident" to which Office
SB-300176-A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
Premises Limited Pollution Coverage
~pplies.
4. The Limits of Insurance of this Office
Premises Limited Pollution Coverage
apply separately to each consecutive
annual period and to any remaining period
of less than 12 months, starting with the
beginning of the policy period shown in the
Declarations, unless the policy period is
extended after issuance for an additional
period of less than 12 months. In that case,
the additional period will be deemed part of
the preceding period for purposes of
determining the Limits of Insurance.
5. The Limits of Insurance for this Office
Premises Limited Pollution Coverage
are separate from and not subject to the
General Aggregate Limit for COVERAGE
1. Business Liability.
6. The Limits of Insurance for this Office
Premises Limited Pollution Coverage
shall not be amended by any endorsement
attached to this policy which does not
specifically reference Office Premises
Limited Pollution Coverage.
F. SECTION E. BUSINESSOWNERS GENERAL
LIABILITY CONDITIONS is amended as
follows:
1. Condition 2.a. is replaced by the following:
2. Duties In The Event of Pollution
Incident, Claim or Suit.
a. You must see to it that we are
notified as soon as practicable of a
"pollution incident" that may result
in a claim. To the extent possible,
notice should include:
(1) How, when, and where the
"pollution incident" took place;
(2) The names and addresses of
any injured persons and
witnesses; and
(3) The nature and location of any
release, and of any injury or
damage arising out of the
"pollution incident."
2. The following Condition is added:
Remediation of Insured's Premises
a. Except for "preventive remedial
expense" as described in paragraph
4.a.(2) of SECTION A. COVERAGES,
this policy's Office Premises Limited
Pollution Coverage doesn't proVide
Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 10 of 12
C'NA
coverage for clean-up of "your
premises." If a "pollution incident"
happens on "your premises" that poses
imminent and substantial danger of
'''bodily injury" or "property damage" to
which this insurance applies, you must
promptly take. at your own expense all
reasonable steps to curtail or prevent
covered "bodily injury" or "property
damage" from happening.
b. If.. in defiance of the intent of this
policy, we are ever compelled by court
or govemmental order to pay to clean
up part or all of "your premises," you
agree to reimburse us for all such
costs.
With respect to your duties under this Condition, if
a dispute arises between you and us with respect to
payment and/or reimbursement for any expenses
for testing, monitoring, cleaning up, removing.
containing, treating, detoxifying or neutralizing or in
any way responding to or assessing the effects of
"pollutants" associated with "your premises," the
matter shall be resolved by arbitration, and such
arbitration shall be governed by the Rules of the
American Arbitration Association. and judgment
upon the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction
thereover.
If a dispute subject to arbitration hereunder should
arise, either party may make a demand for
arbitration by filing a demand in writing with the
other. There shall be three arbitrators, one named
in writing by each of the parties within ten (10) days
after the demand for arbitration is given and a third
chosen by the two appointed. Should either party
refuse or neglect to join in the appointment of the
arbitrator(s) or to fumish the arbitrator(s) with any
papers or infomnation demanded, the arbitrator(s)
are empowered by both parties to proceed ex parte.
Arbitration shall take place in Chicago, Illinois and
the hearing before the arbitrator(s) of the matter to
be arbitrated shall be at the time and place within
said city as is selected by the arbitrator(s). The
arbitrator(s) shall select such time and place
promptly after his/her (or their) appointment and
shall give written notice thereof to each party at
least 20 days prior to the date so fixed. At the
hearing, any relevant evidence may be presented
by either party, and the formal rules of evidence
applicable to judicial proceedings shall not govem.
Evidence may be admitted or excluded in the sole
discretion of the arbitrator(s). Said arbitrator(s) shall
hear and determine the matter and shall execute
and acknowledge their award in writing and cause a
copy thereof to be delivered to each of the two
parties. The decision of any two arbitrators shall be
final, binding and conclusive.
SB-300176-A
(Ed. 01/08)
SB-300176-B
(Ed. 01/08)
The submission of a dispute to the arbitrator(s) may
be rendered by any Court having jurisdiction. If
three arbitrators are selected under the foregoing
procedure but two of the three fail to reach an
agreement in the determination of the matter in
question, the matter shail be decided by three new
arbitrators who shall be appointed and shall
proceed in the same manner, and the process shall
be repeated until a decision is finally reached by
two of the three arbitrators selected. The costs of
such arbitration shall be bome' equally by the
parties or in such proportions as the arbitrator(s)
shall determine.
Each party shall appoint and pay for any counsel
appointed to represent it in such arbitration, unless
otherwise provided in law.
This Section is not to be construed to give a right of
action against us by a claimant not otherwise
provided by iaw.
G. SECTION H. OTHER INSURANCE of the
Businessowners Common Policy Conditions is
amended to add the following paragraph 4.:
4. This condition does not apply to coverage
afforded under Insuring Agreement a.(2) of
Coverage 4. Office Premises Limited
Pollution Coverage.
H. SECTION F. LIABILITY AND MEDICAL
EXPENSES DEFINITIONS is amended to
include the following definitions:
"Commences during the policy period"
means that the first emission, discharge,
release or escape of the "pollutant" or
"pollutants" from which the "bodily injury" or
"property damage" arises is demonstrable as
having occurred during this policy period.
"Pollution incident" means the emission,
discharge, release, or escape of "pollutants,"
provided that such emission, discharge,
release, or escape results in the injurious
presence of "pollutants" in or upon land, the
atmosphere, interior of a building or any water
course, body of water or ground water. A series
of related emissions, discharges, releases or
escapes of "pollutants" will be deemed to be
one "pollution incident."
"Pollutants" means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke. vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials
to be recycled, reconditioned or reclaimed.
"Waste facility" means any site to which waste
is delivered for storage, disposal, processing or
treatment, whether or not such site is licensed
by a govemmental authority to perfomn such
storage, disposal, processing or treatment.
Includes copyrighted material of the Insurance Services Office, rnc., with its permission.
Copyright, Insurance SeIVices Office, Inc.
Page 11 of12
C'NA
8B-300176-B
(Ed. 01/08)
"Your office premises" means "locations" you
own, rent or occupy for general office purposes.
"Your office premises" does not mean storage
yards, nor land held for speculation or
development, even if such yards or land adjoin
your office building. "Your office premises"
does not mean premises you live in. For the
purpose of this definition, "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.
\.
~
SB-300176-A
(Ed. 01/08)
Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc.
Page 12 of 12
,
,
. ! CITY RECORDER
C I T yi 0 F ",;"
ASHLAND
Page 1/1
r.,
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
I" . ~/~~~~1~"-1
:-' ""poNuMBER'.. "
10196
VENDOR: 016096
STRAUS & SEIBERT ARCHITECTS
1175 E. MAIN STREET SUITE 2E
MEDFORD, OR 97504
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Depl:
Contact: Terry Holderness
Confirming? No
:lQuailfitV~-~ ':'hJnit:.~~;. _.':?U-;;7_j-,~' -'}__'~t., "'"':i,.---;. ~ ':' r~'.. ' : ':-' Oes'crfDtlon ':-~. "-
THIS IS A REVISED PURCHASE ORDER
Architectural Design Services (Phase 1)
Police Department
Remodel of Grove Buildin!J
.."
,,-.'l,
; -~; ~Unii P,rice~' .'~
'---:EXt~:';Rrice ':". .J
26,210.00
Contract for Personal Services
Beginning date: OS/25/2011
Completion date: 11/25/2011
Insurance required/On file
.
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
26210.00
0.00
0.00
26,210.00
;:', /IAccounfNu"'mberZC:_~~it ~2~:2:~~ojecfNumHerl;; ~ L_:j~~tAmoffiit\L;;K~, !;jfAccQuht'Numbei'. :,~~:... . ~ProjeCiNumbe(:>bi:iil [,~.;; :.J.~fi"'mou'lifn'k;~{
.. .:;.:.
E 1 1 0.06.09.00.70420 E 201 020. 1 00 26 21 0.00
,tU- ~ze:s~';:re
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY Of
ASHLAND
Date of Request:
THIS REQUEST IS A:
D Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
-s.n'Ljl.,!:)S ~ SE.1~e.1 ~\(E..CP>
U?'5 fZ. Mh~ sr
~O =-~( C{'I.-:::'O\
'SAI -"1-'+"'1 - '(~Co>
<::AI - ?-?'l. - 3c:a."'I\
:!)l>-\.l.IO ~~j:>.-::'~
,-lot'
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Optional)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
o Sole Source
o Written findings attached
o Quote or Pro osal attached
CooDerative Procurement
o State of ORIWA conlract
o Other govemmenl agency contract
o Copy at contract attached
o Contract #
o Invitation to Bid
(Copies on file)
ISS- Reauesttor Proposal
(Copies on file) b
o Soeciall Exempt
o Written findings attached
o Quote or Pro sal attached
o Emeraencv
o Written findings attached
o Quote or Pro sal attached
Description of SERVICES
,<Io.l2Ll-lllE:L..lUi2t>o.L.. OEL\b"-l ~\tl~~ - f't>'-'~
pe.\:>p..~\1MEI'-l\' ~\J,,(t>OE'- C:F CoeO\lE.
~lu::.',l'lc.,.
Total Cost
D Per attached PROPOSAL
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number _2,,~ -'.I? _ . _~ ~
o Per attached QUOTE
Account Number lI.lo!Q,1~.~' ]-p_~~~
'Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition fonn, / certify that the infonnation provided above meets the City of Ashland public contracting requirements,
and the documentation can be provi pan request.
Supervisor/Dept. Head Signature: ~l~...&.~~~~'
G: Finance\Procedure\AP\Forms\Requisition form 10-20
Updated on: 5/19/2011