Loading...
HomeMy WebLinkAbout2012-016 CONT Chg Order #2 - Straus & Seibert Architects CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER NO PROJECT: technal(erns cesPohoeStation DATE:[ LOCATION: (Ashlaad'OR PROJECT NO.:F73=201012010= CONTRACTOR.- (Straits° &`:Seibert e„� i_,# r'`f You are requested to perform the following described work upon receipt of an approved copy of this document or as described by the Engineer. Item No. tion ti Unit Price Amount Item#1 Additional Study Effort-Architectuml 1 $6,551 I$MIIIIIIIIi6f,55.115003 Item#2 $ Item#3 Item#4 ,s�$ Item#5 $ Total this Change Order $ w 6t55Qs00 Previous Change Order 10Q0 00`. Original Contract Total $' 9-4,020.00 Revised Contract Total $ 110,771.00 PERCENT CHANGE OF ORIGINAL CONTRACT 15.1% The time provided for completion of this contract is increased by no calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply. Recommended By. << I t\ -Z-t-:_ owe jd M Date Approved By. / / - 1.7_! L Police Date Accepted By. l—/1:4 Z� StvVs&VSeibeA I Date 1175 E.Main St. Medford OR.97501 ENGINEERING r�r:d4r-ttssr+t Ashhnd.Ornm Fu:srras35-29 1W n:n�goneym srsza m:eoawsr000 www.ashlavdarus C:toomm =dsmia®`darddUW IsaUotatr®pomywooer FikiW OaamkvoFNREwMupaaatamn;ba Contract for Architectural Design Services CITY o F CONSULTANT: Straus&Seibert Architects ASHLAND CONTACT: David Straus 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1175 E. Main St. Telephone: 541/488-6002 Medford OR. 97501 Fax: 5411488-5311 TELEPHONE: 541-779-4363 DATE AGREEMENT PREPARED: &%Ve2011 FAX: 547-779-3891 BEGINNING DATE: 1-11-20X IZ COMPLETION DATE: 5-31-2012 COMPENSATION: Amount not to exceed $74,361 (phase 2&3 SERVICES TO BE PROVIDED: Reference Exhibit C: Scope Statement 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 department's plan for utilization of such personal services; (4)the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested In the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable.' NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations.The findings and recitations set forth above are true and correct and are Incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and,unless otherwise specified,furnish all labor,equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering Into this contract now represents,that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, If required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date Indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses,the sum specified above. Payments shall be made within 30 days of the date of the invoice.Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents:All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is$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 attendant to this contract). Consultant shall not be held responsible for any losses,expenses, claims,subrogation, 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. Citds Convenience. This contract may be terminated at any time by City upon 30 days'notice In writing and delivered by certified mail or In person. Contract for Personal Services,Revised 072812010,Page 1 of 5 C. For Cause. City may terminate or modify this contract, in whole or In part,effective upon delivery of written notice to Consultant,or at such later date as may be established by City under any of the following conditions: I. If City funding from federal, state,county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the Indicated quantity of services; ii. If federal or state regulations or guidelines are modified,changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked,suspended, or not renewed. d. For Default or Breach. I. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and Intent to terminate: ff the,party committing the breach has not entirely cured the breach within 15 days of the dafd of ttid notice,or within such other period as the party giving the notice may authorize or require,then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specked herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination(regardless whether such notice Is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City In the notice of termination. Further,upon termination, Consultant shall deliver to City all contract documents, information,works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant Is an Independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breacti or default of any covenant,warranty, certification,or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for Insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified In its obligations under the Contract;or attempts to assign rights in,or delegate duties under,the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance In compliance with ORS 656.017,which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than Enter one: $200,000, $500,000,$1.000.000.$2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error,omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit,or the equivalent, of not less than Enter one: $200,000, $500,000,$1,000,000 $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than Enter one: $200,000,$500,000,$1.000,000 or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned;hired or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Consultant or its Insurer(s)to the City. Contract for Personal Services,Revised 07/2812010,Page 2 of 5 f. Additional Insured/Certficates 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 entitles are subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements,etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-Insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction;Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim,action, suit or proceeding(collectively, "the claim°)between the City(and/or any other or department of the State of Oregon)and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however,the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of Its authorized representative, hereby consents to the In personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise,from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS,OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized:City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that Citys payment of amounts under this contract attributable to work performed after the last day of the current fiscal year Is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this contract. In the event City has Insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City,effective upon the delivery of written notice to Consultant,with no further liability to Consultant. Certifica . Consultant shall skin the certification attached hereto as Exhibit A and herein Incorporated by reference. onsult rt: City of Ashland/ By By /. Si ature — I Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. <\� OV8 8S tO flMtl Contract for Personal Services,Revised 07128/2010,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 ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (1) 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 noted it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that(a) it has the power and authority to enter into and perform the work, (b)the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ✓ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. ✓ (3) Telephone listing is used for the business separate from the personal residence listing. ✓ (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. v (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 20/Z Contractor (Date) Contract for Personal Services,Revised 07/28/2010,Page 4 of 5 Exhibit C Ashland Police Department Relocation PFelli'0"^^• Scope Statement: (REVISED JAN. His 2012) Phases 1 through 3 Architectural Design Services-Police Department Relocation City of Ashland,Oregon 1. Introduction: Provide professional design service to remodel an existing 8,090 square foot City owned building located at 1195 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 and Project Budget confirmation). A "Notice to Proceed"will be Issued for only Phase One work at this time. Phase 1 Work Only:(Changes to Preliminary Scope on June 29.2011) The Work Scope for the Police Relocation will be modified as stated below: The Requested Work to have the following designations: A) The Grove Building B) A 3,000 sf addition to the existing Police Facility C) A 5,000 sf addition to the existing Police Facility • Kick-Off Meeting(Completed) • Data Gathering for both the Grove Building and the Existing Police Facility(to include structural,mechanical and electrical evaluations of the existing facility • City Pre-application Meeting to include discussions for both facilities • Two day Program&Interview Workshop to include the "Grove Building"and the existing Police Facility with two sizes of build out for the existing facility • Space Program Draft(formatted as a comparison of use for the Grove or the existing Police Facility). For this comparison and a)not drive up costs unnecessarily and b)not over-study solutions which may be dropped the following is proposed: 1) Block Program only for each solution 2) Block Plans for each solution 3) Provide a comparison of probable project size,schedule and budget foreach approach A, 8&C. 4) Provide Phasing diagrams to show continued operation of the existing Police Facility for 8&C. • City Program Approvals with selection the A.B or C concept as the preferred development. • Workshop to develop the preferred concept. • Develop Concept Straus&Seibert - Ashland Police Relocation(R 1-11-12) Page 1 Ashland Police Department Relocation • Complete Budget Confirmation • Draft final Report • City review of Final Report • Final Report • Presentation of Project results to groups as requested. • Phase 2. Schematic Design, Design Development and Planning Approvals to include: Development of the approved schematic and updated Cost Budget. A "Notice to Proceed"will be issued for Phases 2 and 3. • Phase 3. Construction Documentation: Preparation of detailed documents for construction of the remodel with Cost Budget update. Bidding: Preparation of Bidding Documents,Services during Bidding to include answering questions and preparing Addenda,conduct pre-bid conference,Assist Owner with taking and evaluation of bids. ITEMS PROVIDED BY OWNER: PREQUALIFICATION OF CONTRACTORS,ADVERTISEMENT FORBIDS, OWNER CONTRACTOR AGREEMENT. BID AND MATERIAL/LABOR BONDS(these items to be included in the Bidding Documents at time of Bidding). A "Letter of Intent to Award"and a 'Notice to Proceed"documents are by Owner. 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 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(EOC) • Criminal Investigations • Records and Property Storage Straus&Seibert Ashland Police Relocation(P 1-11-12) Page 2 Ashland Police Department Relocation • 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: • Final Scope of Services • Provide Programming Document for project that meets the needs of the Police Dept. • Prepare Pre-Design Drawings for approval • Provide Pre-Design Cost Budget • Make presentations as required Phase 2: • Attendance at a pre-application meeting with City of Ashland Planning Deportment and prepare paradigm for planning approval of building remodel. • Finalize Program and agree on Pre-Design Plan. • Provide Schematic Designs for approval. • Provide Schematic Cost Budget Up-Date. • Complete Design Development Documentation. • Provide Design Development Cost Budget Up-Date. • Project Administration with Reviewing Agencies, Owner and Consultants. • Preliminary Specifications. Phase 3: • Preparation of drawings for the building construction. • Specifications for the building construction. • Final Construction Budget up-date. • Bidding documents • Bidding assistance to contractors and Owner 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 Straus&Seibert Ashland Pollee Relocation(R 1-11-12) Page 3 Ashland Police Department Relocation • Community Development Dept.Chapter 18 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 Imput • All building remodel will occur within the confines of the existing structure 10. Initial Orga n iza t i o n: 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 (CDT). The PM and CDT 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 Revised Project Schedule 13. Fund Limitation: Total Project Budget,$1,453,445.00. 14. Cost Estimate: Initial Project Probable Cost Budget Summary by Straus and Seibert noted a total Project Estimate of$1,847,743.00. (SEE ABOVE FOR AGREED PROJECT TOTAL BUDGE TI This estimate could be used as starting point for Project Budget Limitations. 15. 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 Straus&Seibert Ashland Police Relocation(R 1-11-12) Page 4 OP ID:SAW CERTIFICATE OF LIABILITY INSURANCE DATE 091271111 09/27111 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(s)- PRODUCER 541-773-5358 NA'.Te' Sheryl Wlrts Protectors Insurance,LLC PHONE FAX Pilot Rock Ins Agency LLC(CA) 541-772-1906 Arc No Ell-541-773-5338 ac No: 541-772-1906 PO Box 4669 Aooness:sherylw@protectorsins.com Medford,OR 97501 PRODUCER STRAU-1 Dennis C.Planner CUSTOMER 1D p: INSURER(S)AFFORDING COVERAGE NAIC0 INSURED Straus&Seibert Architects INSURER A:Transportation Insurance Co. LLP INSURER B:CNA Continental Casual Co 1175 E.Main St Ste 2E _ INSURER C: Medford,OR 97504 INSURER D 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADOL$UB pODCY NUMBER MWWTYYYY MMIDDIYYYY LIMITS RR LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 • X COMMERCIAL GENERAL LIABILITY X 84024216240 10/21/11 10121/12 PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE OCCUR MED EXP(My one person) $ 10,000 • X Hired Auto B4024216240 10/21/11 10/21112 PERSONAL B ADV INJURY $ 1,000,00 • X Non owned Auto 84024216240 10121/11 10/21112 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 JECT POLICY PRO LOG Auto $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ee accident) ANY AUTO BODILY INJURY(Pon person) $ ALL OWNED AUTOS BODILY INJURY IPeramidenN $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Peractldeot) $ NON-OWNEDAUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABIDTY YIN IMIT ER ANY PROPRIETOR/PARTNER/ CUTIVE E.L.EACH ACCIDENT $ OFFICE"EMBER EXCLUDED9 r NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,desaihe urMer DESCRIPTION OF OPERATIONS Del. E.L.DISEASE POLICY LIMIT $ IS Professional Liab iAEHOO4313762 08/22111 08122/12 Occurence 1,000,00 Aggregate 1,000,00 DEWRIPTON OF OPE"VONS I LOCATONS I VEHICLES(Albch ACORD 101,Addltional Remade Schedule,H more apace Ia required) City of Ashland Oregon and it s elected officials,officers and employees as additional insured s per SB-3000176-B CERTIFICATE HOLDER CANCELLATION CITYAS2 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 Str ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD SB-300176-B CNA (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 applicable 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 — Permits, 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 an e i fonatm hsuredgwtth ro uci<s� om lete 3• eratiorts=Covers a-.art anket: aiver of uhra ate"o"' 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 . 2. Extended Property Damage The values shown in paragraph 1.f., Coverage Exclusion 1.a., Expected or Intended Injury, of Extension — Supplementary Payments, of Section B. Exclusions Applicable to Business Section A. Coverages are amended as follows: Liability Coverage, is deleted and replaced with A. The amount shown in paragraph (b) for bail the following: bonds is amended from $1,000 to $3,000. This insurance does not apply to: B. The amount shown in paragraph (d) for actual a. "Bodily injury" or "property damage" expected loss of earnings because of time off work is or intended from the standpoint of the insured. amended from $250. per day to$300. per day. This exclusion does not apply to "bodily injury" SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 1 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01/08) or "property damage" resulting from the use of C. Controlling Interest , reasonable force to protect persons or property. Any persons or organizations with a controlling 3. Contractual Liability for Personal and interest in you but only with respect to their Advertising Injury liability arising out of: Exclusion 1.p.(6) of Section B. Exclusions 1. Their financial control of you; Applicable to Business Liability Coverage, is 2, Premises they own, maintain or control deleted. while you lease or occupy these premises. 4. Additional Insureds This insurance does not apply to structural Section C. Who Is An Insured is amended to alterations, new construction and demolition include the following additional insureds, subject to operations performed by or for such additional the provisions stated below: insured. A. State or Political Subdivisions—Permits D. Managers or Lessors of Premises 1. This insurance applies only with respect to A manager or lessor of premises but only with operations performed by you or on your respect to liability arising out of the ownership, behalf for which the state or political maintenance or use of that specific part of the subdivision has issued a permit. premises leased to you and subject to the 2. This insurance does not apply to: following additional exclusions: a. "Bodily injury," property damage," This insurance does not apply to: "personal and advertising injury" arising 1. Any "occurrence" which takes place after out of operations performed for the you cease to be a tenant in that premises; state or municipality; or or b. ."Bodily injury" or "property damage" 2. Structural alterations, new construction or included within the "products-competed demolition operations performed by or on operations hazard." behalf of such additional insured. B. State or Political Subdivisions E. Mortgagee, Assignee or Receiver A state or political subdivision subject to the A mortgagee, assignee or receiver but only with following provisions: respect to their liability as mortgagee, assignee, 1. This insurance applies only with respect to or receiver and arising out of the ownership, the following hazards for which the state or maintenance, or use of a premises by you. political subdivision has issued a permit in This insurance does not apply to structural connection with premises you own, rent, or alterations, new construction or demolition control and to which this insurance applies: operations performed by or for such additional a. The existence, maintenance, repair, insured. construction, erection, or removal of F. Co-owner of Insured Premises advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, A co-owner of a premises co-owned by you and manholes, marquees, hoistaway covered under this insurance but only with openings, sidewalk vaults, street respect to the co-owners liability as co-owner of banners, or decorations and similar such premises. exposures; or G. Lessor of Equipment b. The construction, erection, -or removal Any person or organization from whom you of elevators. lease equipment. Such person or organization 2. This insurance applies only with respect to are insureds only with respect to their liability operations performed by you or on your arising out of the maintenance, operation or use behalf for which the state or political by you of equipment leased to you by such subdivision has issued a permit. person or organization. A person's or organization's status as an insured under this This insurance does not apply to "bodily endorsement ends when their written contract injury," "property damage" or personal and or agreement with you for such leased advertising injury" arising out of operations equipment ends. performed for the state or municipality. SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 2 Of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01/08) With respect to the insurance afforded, these c. The joint venture does not own, rent or additional insureds, the following additional lease any real or personal property. exclusions apply: However, you are insured only for the This insurance does not apply: conduct of your business within such a joint 1. To any "occurrence" which takes place venture. You are not insured for liability after the equipment lease expires; s arising out of the acts or omissions of other co-venturers, nor of their partners, 2. To "bodily injury," "property damage" or members or employees. "personal and advertising injury" arising out This insurance is excess over any other of the sole negligence of such additional insurance available to such a joint venture, insured. whether primary, excess, contingent, or on Any insurance provided to an additional insured any other basis. designated under paragraphs A. through G. above does not apply to "bodily injury" or B. The last paragraph of Section C. Who Is An "property damage" included within the Insured is deleted and replaced by the "products-completed-operations hazard." following: 5. Fellow Employee First Aid Except as provided in 5. above, no person or Paragraph 2.a.(1)(d) of Section C. Who Is An organization is an insured with respect to the Insured is deleted and replaced with the following: conduct of any current or past partnership,joint venture or limited liability company that is not However none of these "employees" is an insured shown as a Named Insured in the Declarations. for: (d) "Bodily 'injury" or "personal and advertising 8. 1 hiM Addtttona {Pan�sr with f7o„ uuc„ts injury' arising out of his or her providing or Or111ICBted Opeat�on'sdCOUerageari Blanke failing to provide professional health care 'Veciof Sugm a'tio services. However this restriction does not The following is added to Section C., -Who is an apply to first aid administered by an "employee" Insured: who is not an employed doctor or nurse. A. The Businessowners Liability Coverage form is 6. Retired Partners, Members, Directors, and amended to include as an insured, any person Employees or organization whom you are required to add Paragraph 2. of Section C. Who Is An Insured is as an additional insured on this policy under a amended to include the following as insureds: written contract or written agreement, but the written contract or written agreement must be: Individual persons who are retired partners, 1. Currently in effect or becoming effective members, directors or employees are also insureds, during the term of this policy; and but only for "bodily injury," "property damage," "personal and advertising injury" that results from 2. Executed prior to the "bodily injury," services performed for you under your direct "property damage," or "personal and supervision. advertising injury." 7. Participation in Professional Joint Ventures B. The insurance provided to the additional A. The following paragraph 5. is added to Section insured is limited as follows: C.Who Is An Insured: 1. That person or organization is an additional 5. You are also an insured for your insured solely for liability due to your participation in a past or present joint negligence specifically resulting from "your the work" for the additional insured which is the venture that is not named on f Declarations, but only if such joint venture subject of the written contract or written meets all of the following criteria: agreement. No coverage applies to liability resulting from the sole negligence of the a. Each and every one of your co- additional insured. venturers are architectural, engineering 2, The Limits of Insurance applicable to the or surveying firms; additional insured are those specified in the b. The joint venture has no direct written contract or written agreement or in employees; and the Declarations of this policy, whichever is less. These limits of Insurance are inclusive SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 3 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01/08) of, and not in addition to, the Limits of 3. Tender the defense and indemnity of any Insurance shown in the Declarations. claim or "suit" to any other insurer which 3. The coverage provided to the additional also has insurance for a loss we cover insured within this endorsement and section under this Coverage Part; and titled Liability and Medical Expenses 4. Agree to make available any other Definitions—"Insured Contract" (Section F., insurance which the additional insured has item 9.), within the Businessowners Liability for a loss we cover under this coverage Coverage Form, does not apply to "bodily part. injury" or "property damage" arising out of We have no duty to defend or indemnify an the "products-completed operations hazard" additional insured under this endorsement until unless required by the written contract or we receive written notice of a claim or "suit" written agreement. from the additional insured. 4. The insurance provided to the additional D. Other Insurance (Section H.2. and H.3.) of insured does not apply to "bodily injury," "property damage," "personal and the Businessowners Common Policy advertising injury" arising out of an Conditions are deleted and replaced with the architect's, engineer's, or surveyor's following: rendering of or failure to render any 2 ,This insurance rs, excess over any. other professional services, including: insurance an mrng thadddronal-insured-as a. The preparing, approving, or failing to an insured whether 1) friary; excess, prepare or approve maps, shop W,con bngent�or on anytother basls,u"nless a drawings, opinions, reports, surveys, wntt�en ontrre or written agreem=ent field orders, change orders or drawings specifically requires that this insurance-tie and specifications by any architect, either primary nma ry and engineer or surveyor performing "moncontnbutmg to,the additional insured's services on a project of which you own coverage This_insurance is excess ., ich « serve as a construction manager; or over any other insurance to wh the addtional 'insured has been3added'as=an b. Inspection, supervision, quality control, addAlonal'insured'by endorsement engineering or architectural services 3. When this insurance is excess, we will done by you a project which you have no duty under Coverages A or B to serve as construction managg er. defend the additional insured against any 5. This insurance does not apply to "bodily "suit" if any other insurer has a duty to injury," "property damage," or "personal defend the additional insured against that and advertising injury" arising out of: "suit" if no other insurer defends, we will a. The construction or demolition work undertake to do so, but we will be entitled while you are acting as a construction to the additional insured's rights against all or demolition contractor. This exclusion those other insurers. does not apply to work done for or by When this insurance is excess over other you at your premises. insurance, we will pay only our share of the C. Businessowners General Liability amount of the loss, if any,that exceeds the Conditions — Duties in the Event of sum of: Occurrence, Offense, Claim or Suit (Section (a) The total amount that all such other E.2.) of the Businessowners Liability insurance would pay for the loss in the Coverage Form is amended to add the absence of this insurance, and following: (b) The total of all deductible and self- An additional insured under this endorsement insured amounts under all that other will as soon as practicable: insurance. 1. Give written notice of an occurrence or an We will share the remaining loss, if any, offense to us which may result in a claim or with any other insurance that is not "suit" under this insurance; described in this Excess Insurance 2. Tender the defense and indemnity of any provision and was not bought specifically to claim or "suit" to us for a loss we cover apply in excess of the Limits of Insurance under this Coverage Part; shown in the Declarations of this Coverage Part. SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 4 of 12 (Ed. 01/08) copyright,Insurance Services Office,Inc. SB-300176-8 C/VA (Ed. 01/08) E. rafts er!!rt tg osf" f' ecOVery alms 4. The limits shown in the Declarations for he�s� lo l�Us (5ecN©h_ K 2) Enf°rh[h Liability and Medical Expenses, Damage to tClly sSOMnerSbhlrrlOh POjO Premises Rented to You, and Medical Ipi nt' isaleted�and're lacetlLwith th Expenses continue to apply. However, ollowin instead of being subject to the General Aggregate limit shown in the Declarations, 2. a waive any ng no recovery'gi may such limits will be subject to the applicable Sal any=,person o4 'an 01 .. i - Construction Project General Aggregate u cllnngh,,�th� ycaevn awett contra limit. atalttlr cause°�ofyy � 1StG Vf B. For all sums which the insured becomes legally make f©��in�uryior dam ag`" ansm�g amt°o, obligated to pay as damages caused by our ongoing, aerabonsor X,ourNock' "occurrences," and for all medical expenses ishe untle�=a7�tf�itr� v§�1thlEtnatFp�rr &ilfd' caused by accidents, which cannot be gawnizatio� tic u attributed only to.ongoing operations at a single rod'ticts-eom lefed o rations hazard.' construction project: 9. Amendment- Aggregate Limits of Insurance 1. Any payments made under Coverage A.I. (Per Project) for damages or under Coverage A.2. for A. For all sums which the insured becomes legally medical expenses shall reduce the amount available under the General Aggregate limit obligated to pay as damages caused by or the Products/Completed Operations "occurrences" under Coverage A.1., and for all Aggregate limit, whichever is applicable; medical expenses caused by accidents under Coverage A.2., which can be attributed only to and ongoing operations at a single construction 2. Such payments shall not reduce any project: Construction Project General Aggregate 1. A separate Construction Project General limit. Aggregate limit applies to each construction C. When coverage for liability arising out of the project. The Construction Project General "products-completed operations hazard" is Aggregate limit is equal to the amount of provided, any payments for damages because the General Aggregate limit shown in the of"bodily injury" or "property damage" included Declarations. in the "products-completed operations hazard" 2. The Construction Project General will reduce the Products/Completed Operations Aggregate limit is the most we will pay for Aggregate limit, and not reduce the General the sum of all damages payable under Aggregate limit nor any Construction Project Coverage A.1., except damages because General Aggregate limit. of "bodily injury" or "property damage" D. If a construction project has been abandoned, included in the "products-completed delayed, or abandoned and then restarted, or if operations hazard," and for medical the authorized contracting parties deviate from expenses payable under Coverage A.2. plans, blueprints, designs, specifications or regardless of the number of: timetables, the project will still be deemed to be a. Insureds; the same construction project. b. Claims made or"suits" brought; or E. The provisions of the Limits Of Insurance section not otherwise modified by this c. Persons or organizations making endorsement shall continue to apply as claims or bringing "suits." stipulated. 3. Any payments made under Coverage A.1. 10. Extended Bodily Injury for damages or under Coverage A.2. for medical expenses shall reduce the Definition 3. "Bodily Injury," of Section Definitions, is deleted and replaced with the Construction Project General Aggregate limit for the applicable construction project. following: Such payments shall not reduce the 3. "Bodily Injury" means bodily injury, sickness General Aggregate limit shown in the or disease, mental injury or mental anguish Declarations nor shall they reduce any sustained by a person, including death resulting Construction Project General Aggregate from any of these. limit applicable to other construction projects. 11. Contractual Liability-Railroads SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 5 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B C/VA (Ed. 01108) With respect to operations performed within 50 feet 12. Office Premises Limited Pollution Coverage of railroad property, the definition of "insured This Office Premises Limited Pollution Coverage contract" in Section F., — Definitions is replaced section of the Architects, Engineers and Surveyors by the following: Extension endorsement modifies several portions 8. "Insured Contract" means: of the Businessowners Liability Coverage Form. a. A contract for a lease of premises. These modifications apply only to the coverage However, that portion of the contract fora provided by this section of the endorsement. lease of premises that indemnifies any A. The following paragraph 3. is added to person or organization for damage by fire SECTION A. COVERAGES: to premises while rented to you or 3. Office Premises Limited Pollution temporarily occupied by you with permission of the owner is not an "insured Coverage contract"; a. Insuring Agreement b. A sidetrack agreement; (1) We will pay those sums that the c. Any easement or license agreement; insured becomes legally obligated to pay as damages because of d. An obligation, as required by ordinance, to "bodily injury" or"property damage" indemnify a municipality, except in which directly results from a connection with work for a municipality; covered "pollution incident" to e. An elevator maintenance agreement; which this insurance applies. We will have the right and duty to f. That part of any other contract or defend any "suit" seeking those agreement pertaining to your business damages. We may at our discretion (including an indemnification of a investigate any "pollution incident" municipality in connection with work and settle any claim or "suit" that performed for a municipality under which may result. But: you assume the tort liability of another party to pay for "bodily injury" or "property (a) The amount we will pay for damage damages is limited as to a third person or organization. Tort liability means a liability that would be LIMITS OF INSURANCE as imposed by law in the absence of any amended by this endorsement; contract or agreement. and Paragraph f. does not include that part of any contract or agreement: (b) Our right and duty to defend end when we have used up the (1) That indemnifies an architect, engineer applicable limit of insurance in or surveyor for injury or damage arising the payment of judgments or out of: settlements. a. Preparing, approving or failing to (c) We have no duty to defend prepare or approve maps, shop "suits" seeking damages not drawings, opinions, reports, covered by this endorsement. surveys, field orders, change No other obligation or liability to orders or drawings and specifications; or pay sums or perform acts or services is covered unless explicitly b. Giving directions or instructions, or provided for under paragraph 1.e. failing to give them, if that is the Coverage Extension — Onnary cause of the injury or Supplementary Payments of damage. SECTION A. as amended by this (2) Under which the insured, if an architect, section of the endorsement. engineer or surveyor, assumes liability (2) We will also reimburse you for for an injury or damage arising out of "preventive remedial expense" that the insured's rendering or failure to directly results from a covered render professional services, including "pollution incident" to which this those listed in paragraph (1) above and insurance applies. supervisory, inspection, architectural or engineering activities. We will reimburse you up to $25,000 per annual policy period SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 6 of 12 (Ed. 01108) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01/08) for all "preventive remedial escape of the "pollutant" or expense" directly resulting from all "pollutants" from which the "bodily covered "pollution incidents," injury" or "property damage" arises subject to a deductible of $5,000 is demonstrable as having occurred per covered "pollution incident." during this policy period. This annual limit is in addition to (5) All "bodily injury" or "property the per incident deductible, and is in addition to the Pollution Liability damage" resulting from one "pollution incident"shall be deemed Aggregate Limit described in to have occurred only at the SECTION D. LIMITS OF commencement date of the INSURANCE as amended by this endorsement. covered "pollution incident." This"preventive remedial expense" (6) The insured's responsibility to pay coverage does not apply to damages because of "bodily injury" expenses that are covered by any or "property damage" must be other insurance available to the determined in a "suit" on the merits insured. in the "coverage territory" or in a settlement we agree to. (3) This insurance applies to "bodily (7) Damages because of"bodily injury" injury," "property damage" or include damages claimed by any "preventive remedial expense" at, on or from "your office premises" person or organization for care, only if: loss of services, or death resulting from the "bodily injury." (a) The "bodily injury" directly results from a "pollution B. SECTION B. EXCLUSIONS is deleted and incident" that happens entirely replaced by the following: above-ground at or from "your This insurance does not apply to: office premises"; or a. "Bodily injury," "property damage" or (b) The "property damage" occurs "preventive remedial expense" expected or off of "your office premises" reasonably foreseeable from the standpoint and directly results from a of the insured. "pollution incident" that happens entirely above-ground b. "Bodily injury," "property damage" or at or from "your office "preventive remedial expense" arising out premises" or of a "pollution incident"which is a repeat or resumption of a previous "pollution (c) The "preventive remedial incident" involving the same pollutant from expense" directly results from a essentially the same source within the "pollution incident" that previous twelve (12) months, at the same happens entirely above-ground premises. on "your office premises' and does not result in any covered c. "Bodily injury" or "property damage" for "bodily injury" or "property which the insured is obligated to pay damage; and damages by reason of the assumption of liability in a contract or agreement. This (d) The "pollution incident": exclusion does not apply to liability for (i) is demonstrable as damages that the insured would have in the commencing and ending absence of the contract or agreement. within 72 hours, d.• Any obligation of the insured under a rl is accidental; workers' compensation, disability benefits ( ) or unemployment compensation law or any (iii)"commences during the similar law. policy period"; and e. "Bodily injury"to: (iv) happens in the "coverage (1) An employee of the insured arising out territory." of and in the course of: (4) "Commences during the policy period" means that the first (i) employment by the insured; or emission, discharge, release or SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 7 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. S 01 CNA (Ed. (Ed. 01/08) (ii) performing duties related to the As used in this exclusion, a hostile fire conduct of the insured's business. means one which becomes uncontrollable (2) The spouse, child, parent, brother or or breaks out from where it was intended to be. sister of that employee as a consequence of(1) above. I. "Bodily injury" or"property damage" arising This exclusion applies: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," (1) Whether the insured may be liable as rolling stock or watercraft owned or an employer or in any other capacity; operated by or rented or loaned to any and insured. Use includes operation and (2) To any obligation to share damages "loading or unloading." with or repay someone else who must This exclusion does not apply to "bodily pay damages because of the injury. injury" or "property damage" arising out of parking an "auto" on, or on the ways next f. "Property damage"to to, premises you own or rent, provided the (1) A "waste facility" to which waste from "auto" is not owned by or rented or loaned the operations of an insured is to you or the insured. consigned; m. "Bodily injury" or"property damage" arising (2) Property you own, rent, or occupy now out of the emission, discharge, release or or at any time in the past; escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or (3) Premises you sell, give away or geothermal well. abandon, if the "property damage" arises out of any part of those n. "Bodily injury," "property damage" or premises; "preventive remedial expense" arising out of a "pollution incident" which results from (4) Property loaned to an insured; or or is directly or indirectly attributable to (5) Personal property in care, custody or failure to comply with any applicable control of an insured. statute, regulation, ordinance, directive or order relating to the protection of the Paragraph (2) of this exclusion f. does not environment and promulgated by any apply to "preventive remedial expense" at governmental body, provided that failure to property you own, rent or occupy now. comply is a willful or deliberate act or "Bodily injury" at or from a "waste facility" omission of: 9• Y � 1 rY" Y" to which waste from the operation of an (1) The insured; or insured is consigned. (2) You or any of your members, partners, h. "Bodily injury," "property damage" or executive officers or managers of "preventive remedial expense" arising out limited liability companies. of a "pollution incident" at or from a "waste "Bodily o. o injury,"facility"which is on "your office premises.' Y 1 ry," "property damage" or "preventive remedial expense" arising out L "Bodily injury" or "property damage" of acid rain. included within the "products-completed operations hazard." p. Any loss, cost or expense arising out of any request, demand or order by a j. "Bodily injury" or"property damage" arising governmental authority that any insured or out of the ownership or operation of any others test for, monitor, clean-up, remove, offshore facility as defined in the Outer contain, treat, detoxify or neutralize, or in Continental Shelf Lands Act Amendment of any way respond to, or assess the affects 1978 or the Clean Water Act of 1977 as of "pollutants" at any site which is included amended 1978 or any deepwater port as on an EPA or state environmental agency defined in the Deepwater Port Act of 1974 priority clean-up list prior to the "pollution as amended or as may be amended. incident." k. "Bodily injury" or "property damage" arising q. "Bodily injury," "property damage" or out of heat, smoke or fumes from a hostile "preventive remedial expense" arising out fire at any premises, site or location which of a "pollution incident" which results from is or was at any time owned or occupied by failure of air or waste water pollution control or rented or loaned to any insured. equipment. SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 8 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01108) r. "Bodily injury," "property damage" or . (2) complying with a governmental "preventive remedial expense" resulting direction or request to test for, monitor, from the "hazardous properties" of "nuclear clean-up, remove, contain, or dispose material." of asbestos. As used in this exclusion: Asbestos means the mineral in any form "Hazardous properties" includes whether or not the asbestos was at any time: radioactive,toxic, or explosive properties; "Nuclear material" means "source (1) Airborne as a fiber, particle, or dust; material," "special nuclear material," or"by- (2) Contained in or formed a part of a product material"; product, structure, or other real or "Source material," "special nuclear personal property; material," and "by-product material" have (3) Carried on clothing; the meanings given them in the Atomic Energy Act of 1954, or in any law (4) Inhaled or ingested; or amendatory thereof. (5) Transmitted by any other means. s. "Bodily injury," "property damage" or w. "Bodily injury" or "property damage" arising "preventive remedial expense" arising out out of: of a "pollution incident" from any insured's premises that was used by that insured for (1) The transportation of "mobile the storage, disposal, processing or equipment" by "auto" owned or treatment of waste materials and was: operated by or rented or loaned to any insured; or (1) Sealed off, closed, abandoned or alienated prior to the effective date of (2) The use of "mobile equipment" in, or this policy; or while in practice or preparation for, a prearranged racing, speed or' (2) Sealed off or closed subject to statute, demolition contest or in any stunting ordinance or governmental regulation activity. or directive requiring maintenance or monitoring during or after sealing off or x. Any loss, cost or expense arising out of closure. any: t. "Bodily injury," "property damage" or (1) Request, demand, order or statutory or "preventive remedial expense" arising out regulatory requirement that any insured of waste derived from medical services, or others test for, monitor, clean up, procedures, testing or research, and which remove, contain, treat, detoxify or could potentially transmit disease. neutralize, or in any way respond to, or assess the effects of"pollutants"; or u. Any multiple, punitive or exemplary damages or fines or penalties. However, if (2) Claim or suit by or on behalf of a a "suit" is brought against the insured with governmental authority for damages respect to a claim for acts or alleged acts because of testing for, monitoring, falling within the coverage hereof, seeking cleaning up, removing, containing, both compensatory and punitive or treating, detoxifying or neutralizing, or exemplary damages, then we will afford a in any way responding to, or assessing defense to such action, without liability for the effects of"pollutants." such punitive or exemplary damages. However, this exclusion does not apply to v. "Bodily injury," "property damage" or liability for damages because of "properly "preventive remedial expense" arising out damage" that is not otherwise excluded by of: this coverage, Office Premises Limited Pollution Coverage, unless the request, (1) the actual, alleged or threatened demand, order or statutory or regulatory exposure at any time to asbestos or requirement or claim or"suit" is solely by or any loss, cost, or expense that may be on behalf of a governmental authority. awarded or incurred by reason of a claim or "suit" for such injury or C. Paragraph 1.f.(1)(c) of Coverage Extension — damage; or Supplementary Payments, of SECTION A. COVERAGES is deleted and replaced by the following: SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 9 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B C/VA (Ed. 01/08) (3) Expenses incurred by the insured for first Premises Limited Pollution Coverage aid to others at the time of a "pollution applies. incident" for "bodily injury" to which this 4, The Limits of Insurance of this Office insurance applies. Premises Limited Pollution Coverage D. SECTION C. WHO IS AN INSURED is apply separately to each consecutive amended as follows: annual period and to any remaining period 1. The following subparagraph d. is added to of less than 12 months, starting with the paragraph 4. of SECTION C. WHO IS AN beginning of the policy period shown the INSURED: Declarations, unless the policy period is extended after issuance for an additional d. Coverage 4., Office Premises Limited period of less than 12 months. In that case, Pollution Coverage, does not apply to the additional period will be deemed part of "bodily injury" or "property damage" the preceding period for purposes of arising out of "pollution incidents" that determining the Limits of Insurance. occurred before you acquired or formed 5. The Limits of Insurance for this Office the organization. Premises Limited Pollution Coverage 2. The following additional paragraph is added are separate from and not subject to the at the end of SECTION C. WHO IS AN General Aggregate Limit for COVERAGE INSURED: 1. Business Liability. No person or organization identified as an 6. The Limits of Insurance for this Office insured on any endorsement now or Premises Limited Pollution Coverage hereafter attached to this Coverage Part is shall not be amended by any endorsement an insured with respect to COVERAGE 4., attached to this policy which does not Office Premises Limited Pollution specifically reference Office Premises Coverage, unless that endorsement Limited Pollution Coverage. specifically references Office Premises F. SECTION E. BUSINESSOWNERS GENERAL Limited Pollution Coverage by name. LIABILITY CONDITIONS is amended as E. SECTION D. LIABILITY AND MEDICAL follows: PAYMENTS LIMITS OF INSURANCE is 1. Condition 2.a. is replaced by the following: deleted and replaced by the following: LIMITS OF INSURANCE 2. Duties In The Event of Pollution Incident, Claim or Suit. 1. The Limits of Insurance described in this a. You must see to it that we are endorsement's Schedule of Limits for notified as soon as practicable of a Office Premises Limited Pollution "pollution incident" that may result Coverage, and the rules below fix the most in a claim. To the extent possible, we will pay regardless of the number of: notice should include: a. Insureds; (1) How, when, and where the b. Claims made or"suits" brought; or "pollution incident"took place; c. Persons or organizations making (2) The names and addresses of claims or bringing "suits." any injured persons and 2. The Pollution Liability Aggregate Limit is witnesses; and the most we will pay for all damages (3) The nature and location of any because of all "bodily injury" and "property release, and of any injury or damage" directly resulting from all damage arising out of the "pollution incidents" to which Office "pollution incident." Premises Limited Pollution Coverage 2, The following Condition is added: applies. 3. Subject to 2. above, the Each Pollution Remediation of Insured's Premises Incident Limit shown in the Schedule is the a. Except for "preventive remedial most we will pay for the sum of all expense" as described in paragraph damages because of "bodily injury" and 4.a.(2) of SECTION A. COVERAGES, "property damage" directly resulting from this policy's Office Premises Limited any one "pollution incident"to which Office Pollution Coverage doesn't provide SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 10 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B C/VA (Ed. 01/08) coverage for clean-up of "your The submission of a dispute to the arbitrator(s) may premises." If a "pollution incident" be rendered by any Court having jurisdiction. If happens on "your premises" that poses three arbitrators are selected under the foregoing imminent and substantial danger of procedure but two of the three fail to reach an "bodily injury" or "property damage" to agreement in the determination of the matter in which this insurance applies, you must question, the matter shall be decided by three new promptly take at your own expense all arbitrators who shall be appointed and shall reasonable steps to curtail or prevent proceed in the same manner, and the process shall covered "bodily injury" or "property be repeated until a decision is finally reached by damage"from happening. two of the three arbitrators selected. The costs of b. If, in defiance of the intent of this such arbitration shall be bome equally by the parties or in such proportions as the arbitrator(s) policy, we are ever compelled by court shall determine. or governmental order to pay to clean up part or all of "your premises," you Each party shall appoint and pay for any counsel agree to reimburse us for all such appointed to represent it in such arbitration, unless costs. otherwise provided in law. With respect to your duties under this Condition, if This Section is not to be construed to give a right of a dispute arises between you and us with respect to action against us by a claimant not otherwise payment and/or reimbursement for any expenses provided by law. for testing, monitoring, cleaning up, removing, G. SECTION H. OTHER INSURANCE of the containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of Businessowners Common Policy Conditions is "pollutants" associated with "your premises," the amended to add the following paragraph 4.: matter shall be resolved by arbitration, and such 4. This condition does not apply to coverage arbitration shall be governed by the Rules of the afforded under Insuring Agreement a.(2) of American Arbitration Association, and judgment Coverage 4. Office Premises Limited upon the award rendered by the arbitrator(s) may Pollution Coverage. be entered in any court having jurisdiction thereover. H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to If a dispute subject to arbitration hereunder should include the following definitions: arise, either party may make a demand for arbitration by filing a demand in writing with the "Commences during the policy period" other. There shall be three arbitrators, one named means that the first emission, discharge, in writing by each of the parties within ten (10) days release or escape of the "pollutant" or after the demand for arbitration is given and a third "pollutants" from which the "bodily injury" or chosen by the two appointed. Should either party "property damage" arises is demonstrable as refuse or neglect to join in the appointment of the having occurred during this policy period. arbitrator(s) or to furnish the arbitrator(s) with any "pollution incident" means the emission, papers or information demanded, the arbitrator(s) discharge, release, or escape of "pollutants," are empowered by both parties to proceed ex parte. provided that such emission, discharge, Arbitration shall take place in Chicago, Illinois and release, or escape results in the injurious the hearing before the arbitrator(s) of the matter to presence of "pollutants" in or upon land, the be arbitrated shall be at the time and place within atmosphere, interior of a building or any water said city as is selected by the arbitrator(s). The course, body of water or ground water. A series arbitrator(s) shall select such time and place of related emissions, discharges, releases or promptly after his/her (or their) appointment and escapes of "pollutants" will be deemed to be shall give written notice thereof to each party at one"pollution incident." least 20 days prior to the date so fixed. At the hearing, any relevant evidence may be presented "Pollutants" means any solid, liquid, gaseous by either party, and the formal rules of evidence or thermal irritant or contaminant, including applicable to judicial proceedings shall not govern. smoke, vapor, soot, fumes, acids, alkalis, Evidence may be admitted or excluded in the sole chemicals and waste. Waste includes materials discretion of the arbitrator(s). Said arbitrator(s) shall to be recycled, reconditioned or reclaimed. hear and determine the matter and shall execute "Waste facility" means any site to which waste and acknowledge their award in writing and cause a is delivered for storage, disposal, processing or copy thereof to be delivered to each of the two treatment, whether or not such site is licensed parties. The decision of any two arbitrators shall be by a governmental authority to perform such final, binding and conclusive. storage, disposal, processing or treatment. SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 11 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B CNA (Ed. 01/08) "Your office premises" means "locations" you does not mean premises you live in. For the own, rent or occupy for general office purposes. purpose of this definition, 'location" means "Your office premises" does not mean storage premises involving the same or connecting lots, yards, nor land held for speculation or or premises whose connection is interrupted development, even if such yards or land adjoin only by a street, roadway, waterway or right-of- your office building. "Your office premises" way of a railroad. SB-300176-A Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 12 of 12 (Ed. 01/08) Copyright,Insurance Services Office,Inc. t�•t�¢ Page 1 /1 CITY OF �ITY RICvr DE R �. ASHLAND DATE � �-=�` "'i'i "PO NUMBER.:- J. 20 E MAIN ST. 7/1/2011 10196 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016096 SHIP TO: Ashland Public Works STRAUS & SEIBERT ARCHITECTS (541)488-5587 1175 E. MAIN STREET SUITE 2E 51 WINBURN WAY MEDFORD, OR 97504 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req. Del.Date: contact: Terry Holderness Special lnst: Confirming? No "Quanta :':Unit !Description : ;;: Urn price.';. -,.Eict.�Pn6e THIS IS A REVISED PURCHASE ORDER PHASE 1 -Architectural Design Services 26,210.00 Police Department Grove Remodel Contract for Personal Services Beginning date: 05/25/2011 Completion date: 11/25/2011 Insurance required/On file PHASE 2 -Architectural Design Services 20,959.00 Police Department Grove Remodel PHASE 3 -Architectural Design Services 46,851.00 Police Department Grove Remodel Processed change order 08/16/2011 10,200.00 Change Order#1 -Additional study effort within project scope for Phase 1 Processed change order 02/0812012 . 6,551.00 Change Order#1 -Additional StudV Effort-Architectural for Phase 3 SUBTOTAL 110 771.00 BILL TO:Account Payable - TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 110,771.00 ASHLAND, OR 97520 Account Number - _Project Number_ :_ `; ..:Amount Account Number' Project Number; _ ' Amount; ' E 110.06.09.00.704200 E 201020.100 110 771.00 Authorized Signature VENDOR COPY CITY OF ASHLAND A request for a Purchase Order REQUISITION FORM Date of Request: 1r1vz012 THIS IS A REQUEST FOR A: �Q 4#7 Required Date of Delivery/Service: ASAP [ ] Change Order(existing PO# Vendor Name: Straus&Seibert Address: 1175 E. Main St City, State, Zip MEDFORD OR 97501 Phone: Project Title: Architectural Services Project Number: 10-20 Services Only Solicitation Process: ( ] Exempt [ ] 3 Written Quotes(copies attached) [ I Sale Source ( ] Invdation to Bid(copies on file) [ J Less than$5000 [XI Request for Proposal (copies on file) Description Total Cost Original contract-3 phases-approved by the City Council(5-17-2011) phase 2 $ 20,959.00 phase 3 [$s3,402100 $ 7-4M 6-J!0 OM REVISED CONTRACT Account Number 110.06.09.00.704200 Please edach the Odginal sgnad ccrxmct end Insurance Certincates. Account Number -, ��Employee Signature: t( Supervisor/Dept Head Signature: -{ — NOTE: Bysignin this requistlion 'y tha the ove request meets wfth Co'y of Ashland Solicitiation Process requirements and an be provided when necessary. G:PubwrkstEng\10.20 requis0lon form change order 2 Updated on:7115102