HomeMy WebLinkAboutDocs 065-066 - Jail Project Contract AmendmentsDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Wednesday, March 6, 2013
DATE: February 25,2013
FROM: Susan Ross, Director Property and Facilities Department Phone: 541-383-6713
TITLE OF AGENDA ITEM:
Consideration of Board Signature for amendments to design and construction contracts related to
Deschutes County Adult Jail project.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County entered into contracts with Steele Associates Architects and Kirby Nagelhout
Construction Company several years ago to provide design and construction services for the adult
jail expansion project. That project has been delayed and now will be completed with a reduced
scope. Contracts will be amended to reflect this revised scope.
FISCAL IMPLICATIONS:
The contract amendment with Steele Associates will be $699,000 for design and engineering
services and will clarifY the revised scope of work. The contract amendment with Kirby Nagelhout
Construction Company will clarifY the revised scope and will confirm that no additional
preconstruction fees will be due unless this current project is cancelled. If this project is cancelled,
County will owe Contractor $8,750 for preconstruction services. The GMP (guaranteed maximum
price) of2.5% of the cost of work will remain unchanged from the original contract.
RECOMMENDATION & ACTION REQUESTED:
Board approval of Document 2013-065, amending design contract with Steele Associates Architects,
and Document 2013-066 amending CMGC contract with Kirby Nagelhout Construction Company.
ATTENDANCE: Susan Ross
DISTRIBUTION OF DOCUMENTS:
All documents to be returned to Property and Facilities Department, attention Deborah Cook.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: IFebruary 25, 201 j Department: IProperty and Facilitie~
Contractor Name: Kirby Nagelhout Construction Company
Contractor Contact: Michael C. Taylor Contractor Phone: 541-389-7119
Contractor Name: Steele Associates Architects LLC
Contractor Contact: Scott T. Steele Contractor Phone: 541-385-8816
Type of Document: Two amendments to contracts.
1. Amendment 2013-066 to Construction Manager/General Kirby Nagelhout
Construction Company contract 2008-494.
2. Amendment 2013-065 to architectural contract 2007-570 with Steele Architects L.L.C.
Goods and/or Services: Design, engineering, and construction for adult jail
expansion.
Background & History:
Deschutes County entered into contracts with Steele Associates Architects and Kirby
Nagelhout Construction Company several years ago to provide design and construction
services for the adult jail expansion project. That project has been delayed and now will
be completed with a reduced scope. Contracts will be amended to reflect this revised
scope.
Agreement Starting Date: IFebruary 22, 2013 I Ending Date: Quly 1, 20141
Annual Value or Total Payment:
The contract amendment with Steele Associates will be $699,000 for design and
engineering services and will clarify the revised scope of work. The contract
amendment with Kirby Nagelhout Construction Company will clarify the revised scope
and will confirm that no additional preconstruction fees will be due unless this current
project is cancelled. If this project is cancelled, County will owe Contractor $8,750 for
preconstruction services. The GMP (guaranteed maximum price) of 2.5% ofthe cost of
work will remain unchanged from the original contract.
Kirby Nagelhout Construction Company
X Insurance Certificate Received check box)
Insurance Expiration Date: 3/1/201
Check all that apply:
X Amendments to RFP contracts, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
2/2512013
Funding Source: (Included in current budget? X Yes o No
Is this a Grant Agreement providing revenue to the County? 0 Yes X No
Departmental Contact and Title:1 Susan Ross, Directoij Phone: 541-383-6713
Department Director Approval: ___________
Signature Date
Distribution of Document: Return all documents to Property and Facilities
Department.
Official Review:
County Signature Required (check one): X SOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-J)
legal Review Date
Document Numbers:
Kirby Nagelhout Construction Company 2013-066 (amends contract 2008-494)
Steele Associates Architects llC 2013-065 (amends contract 2007-570)
2/25/2013
REVIEW~ _n
JI4.,It--{ilUid(
LEGAL COUNSEL
For Recordin Starn
DOCUMENT NO. 2013-065
AMENDING DESCHUTES COUNTY CONTRACT NO. 2007-570
THAT CERTAIN AGREEMENT, Deschutes County Contract No . 2007-570, dated December 17, 2007, by and
between DESCHUTES COUNTY, a political subdivision of the State of Oregon ("County") and Steele
Associates Architects LLC ("Contractor"), is amended, effective upon signing of all parties , as set forth below .
Except as provided herein , all other provisions of the contract remain the same and in full force.
County's performance hereunder is conditioned upon Contractor's compliance with provisions of ORS
2798.220, 2798.225 , 2798.230, and 2798 .235, which are hereby incorporated by reference . In addition
Standard Contract Provisions contained in Deschutes County Code Section 2.37.150 are hereby incorporated
by reference. Contractor certifies that the representations, warranties and certifications contained in the original
Contract are true and correct as of the effective date of this Amendment and with the same effect as though
made at the time of this Amendment.
The above listed contract is amended as follows:
Page 2, paragraph 2 "For the following Project" current language :
The Deschl:ltes COl:lnty Adult Jail ConstFl:lction Project consists of approximately 73 ,400 gross square feet of
new jail and cOl:lrtroom constructio~S5-S€tl:lare feet of selective demolition and renovation \,lithin
the security perimeter of the existing jail. Construction aotivities occurring within the security perimeter of the jail
will require speoial screening of workers and phasing of construction to allo',.., the Contractor to complete the
work 't't'hile maintaining continuous secure jail operations. The consultant ' ....iH provide energy efficiency design
components appropriate for the project; hovlever, LEED Certifieation is not a requirement for this project.
The scope of work includes new medium or maximum secl:lrity...-iRmate housing consistiR~f-.&H<-lAAng-ooit areas
that provide a total of 176 dou9le-e~ncy cells ; renovation and expansion into adjacent spaces for the intake,
release and inmade processing fl:lnctions ; new and renovated construction for inmate support (video 'lisitation ,
program room , etc.), and county staff (briefing , locker rooms , break room , etc.); kitchen and laundry expansion ;
new expansion and renovated construction for administration ; new court and court operatien expansion ; and a
new meohanical plant and other Sl:Ipport spaces necessary for a fully functional jail. Site 'Nork will include new
roadways, parking, side'Nalks , security fencing , etc. Expansion of the ..'ehicle sally port ' ....ill be inell:lded in the
design , bl:lt may not be constructed if suffiGient funds are una ..'ailable .
Amended Language :
The project's scope of work will consist of a new, two-story medium/maximum security inmate housing unit
containing six housing pods of 12 cells each . Assuming double occupancy of each cell, the total number of
additional beds will be 144 . Site work will include parking , sidewalks, security fencing , and possibly some
roadway/driveway realignment.
§1 .1.2 .5 Current Language:
.1 Amount of the Owner's overall budget for the Project, incll:lding the Arehitect 's compensation , ier.
$40 ,117 ,832 .00 .·
.2 Amount of the Owner's budget for the Cost of the lA/ark, excluding the Architect's compensation , is:
$31 ,420 ,065 .00"
PAGE 1 OF 2 -DOCUMENT NO. 2013-065 AMENDING DESCHUTES COUNTY CONTRACT NO. 2007-570
Steele Associates Architects in association with KMD: Adult Jail project
DC -2013-0 5
.. See Attachment "A" Conceptual Cost Analysis
§1 .1.2.5 Amended Language:
.1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $11 million .
. 2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is : $84
million.
§1 .5.1 Current Language :
For Architect's services as described under /\rtisle 1.4, compensation shall be computed as follows : A fixed fee
in the amount of Two Million One Hundred Thousand Dollars ($2 ,100 ,000 .00), plus reimbursable expeRSeS-Aet
to exceed One Hundred Five Thousand Dollars ($105 ,000.00). The feel will be billed monthly on a percent
complete basis . The Project phases and their respesti'.'e persent of the total fee are as follows :
Design Developmen t: 25%
Construction Dosumenls : 45%
--------~B~~id~d*in~g~/~~l·~cffi&on~~----------------------------6ao:~~
Contract Administration (Construction Phase) 27%
§1.5.1 Amended Language :
For Architect's services as described under Article 14, compensation shall be computed as follows: A fixed fee
in the amount of $699,000, plus reimbursable expenses not to exceed $50 ,000. The fee will be billed monthly on
a percent complete basis . The Project phases and their respective percent of the total fee are as follows :
Design Development: 25%
Construction Documents : 45%
Bidding/Negotiation : 3%
Contract Administration (Construction Phase) 27%
New contract provision:
Attachments A and B are removed from contract, and any references to such attachments are to be stricken .
~-:;t.~~~~~o t T. Steele , President]
Dated thiS""'S'4 2013.of ro OI~,
COUNTY:
Dated this ______ of February, 2013 BOARD OF COUNTY COMMISSIONERS
ALAN UNGER, CHAIR
TAMMY BANEY, VICE CHAIR
ATTEST:
Recording Secretary ANTHONY DeBONE, COMMISSIONER
PAGE 2 OF 2 -DOCUMENT NO . 2013-065 AMENDING DESCHUTES COUNTY CONTRACT NO. 2007-570
Steele Associates Architects in association with KMD: Adult Jail project
STEEASS-D1 JMCCAUSLANO
ACORD" DATE IJIIMIDDI'fYYY)CERTIFICATE OF LIABILITY INSURANCE 31412013~ I.-~-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMA TIVEL Y OR NEGA TIVEL Y 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Lumbermens Insurance
PO Box 940 ~(541)382-2421 I r~ HoI: (541) 385-3231
Bend, OR 97709 ADDRESS:
INSURER(S} AFFORDING COVERAGE NAIOII
~-~.
INSURER A : General Ins Co of America 24732 I
INSURED INSURER B : SAl F COlPOration
Steele Associates Architects LLC INSURER c: Travelers Casualty & Su~~ 19038
760 NW York Drive #200 INSURERO:
Bend, OR 97701 INSURERE:
I INSURERF:
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 VlJHICH 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.
I~: TYPE OF INSURANCE IINIIR WVD POUCYNUMBER I=~11~,.M'b~1 UMITS 1'000,~GENERAL UABiUTY I EACH OCCURRENCE I$r-
A X COMMERCII'.!. GENERAL LIABILITY ~1CH7338366 112412013 112412014 ~~ESYE~~~1 1$ 200,000'=D CLAIMS-MAOE 00 OCCUR MED EXP (Anyone person) i $ 10,00(1
PERSONAL & AnV INJURY $ 1,ooO,OO~ ~"-'n "'""n "" GENERAL AGGREGATE $ 2,000,000
PRODUCTS· COMPIOP AGG $ 2,000,0001
. X POLICY ~~ LOC
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$
AUTOMOBILE LIABIUTY JiI;M~tNGI.E LIMIT $ 1,000,0001
I ANY AUTO 101CH7338366
~~~ ~A 112412013 1/2412014 BODILY INJURY (Per pel$OO) $
~Al.LOWNED o SCHEDULED BOOn.Y INJURY (Per 8<XidenI) $ IAUTOS AUTOS
~HIRED AUTOS ~X • NON'()WNED I Irp~W'~ttc!Ib~~GE $ .~ AUTOS ~-
! II $
UMBREUAUAB [-1 OCCUR I EACH OCCURRENCE $-EXCESSUAB ClAIMS-MAOE AGGREGATE $
OED I I RETENTION $
.~~-.~-..
$
WORKERS COMPENSATION X I we STATU-, 'OJ~"AND EMPLOYERS' LIAB1UTY TORY-LIMITS ---_..
B YIN 906937 21112013 21112014 1,OOO,Ol!llANY PROPRIETORIPARTNERIEXECUTIIIE [i] E-L EACH ACCIDENT $DFFICERIMEMBER EXCLUDED? Y NIA
IMartdatory In HHI EL DISEASE· EA EMPLOYEE $ 1,000,000
K~es. describe Ulder I 1,000,000D SCRIPTION QFJ)PERATIONS below
----~
E~E .. POLICY LIMIT $
IC Errors &Omissions 105298034 1127/2013 1/2712014 2,000,000
II DESCRIPTION OF OPEAATIONS I LOCATIOHS I VEHICLES (Attaeh ACORD 101, Addkion.1 Rem.t1Is Sehedule,lf more spaeeta reqUired)
. Errors & Ommissions Aggregate Limit $4,000,000
IOesChutes County, its agents, officers, employees &volunteers are named as additonallnsured. See Addltionallnsured endorsements
CERTIFICATE HOLD=E=Rc--___~
Deschutes County Property & Fac Dept.
PO Box 6005
Bend, OR 97708-6605
CANCELLATION
-:':"0 ANY OF THE ABOVE OESCmB.., POUClES BE CANOE::~EF""E I
ntE EXPIRATION DATE THEREOF. NOnCE
ACCORDANCE WITH THE POLICY PROViSIONS.
WILL BE DELIVERED IN
.
AUTHORIZED REPRESENTATIVE
._
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ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
CONiMERCIAL GENERAL LIABILIlYInsurance CG86741207
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS LtABILfTY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABILllY COVERAGE PART
SCHEDULE
Name ot Person or Organization:
I DUTY TO DEFEND
Paragraph a. of SECTION I -COVERAGE A and
COVERAGE B is replaced by the following:
a. We will pay those sums that the insured be
comes legally obligated to pay as damages
because of "bodily injury", "property
damage" or "personal injury and advertiSing
injury" to which this insurance applies. We
will have the right and duty to defend the in
sured against any "suit" seeking those dam
ages. Our duty to defend begins once you
notify us of a "suit" as described in SEC
TION IV -COMMERCIAL GENERAL LI
ABILITY CONDITIONS, 2.b. However, we
will have no duty to defend the insured
against any "suit" seeking damages for
"bodily injury", "property damage" , or
·personal injury or advertising injury" to
which this insurance does not apply. We
may, at our discretion, investigate any
"occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in SECTION III
LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments
or settlements under COVERAGES A
or B or medical expenses under COV
ERAGEC.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex
plicitly provided for under SUPPLEMENTARY
PAYMENTS -COVERAGES A AND B.
EMPLOYERS LIABILITY
The last paragraph of exclusion e. of SECTION I
COVERAGE A is replaced by the following:
This exclusion does not apply to liability assumed
by the insured under an "insured contract" ex
cept for thflf part of a contract or agreement that
indemnifies any person or organization for their
sole liability.
WRONGFUL EVICTION
The following exclusion Is added to SECTION I
COVERAGE B:
The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of a
room, dwelling or premises arising out of any:
(1) "property damage" to the room, dwell
ing or premises; or
(2) "bodily injury" sustained through occu
pancy of a room, dwelling or premises.
Saleco and the Safeco logo are registered trademal1cs of Safeco Corporation
CG86741207 Page 1 of5 EP
ADDITIONAL INSURED -BY WRITTEN CON
TRACT. AGREEMENT OR PERMIT. OR SCHED
ULE
The following paragraph is added to SECTION II
WHO IS AN INSURED:
4. Any person or organization shown in the Sched
ule or for whom you are required by written con
tract, agreement or permit to provide insurance
is an insured, subject to the following additional
provisions:
a. The contract, agreement or permit must be
in effect during the policy period shown in
the Declarations, and must have been exe
cuted prior to the "bodily injury", "property
damage", or "personal and advertising
injury",
b. The person or organization added as an in
sured by this endorsemert is an insured only
to the extent you are held liable due to:
(1) The ownership, maintenance or use of
that part of premises you own, rent,
lease or occupy, subject to the following
additional provisions:
(a) This Insurance does not apply to
any "occurrence" which takes place
after you cease to be a tenant in
any premises leased to or rented to
you;
(b) This insurance does not apply to
any structural alterations, new con
struction or demolition operations
performed by or on behalf of the
person or organization added as an
insured;
(2) Your ongoing operations for that in
sured, whether the work is performed
by you or for you;
(3) The maintenance, operation or use by
you of equipment leased to you by such
person or organization, subject to the
following additional provisions:
(a) This insurance does not apply to
any "occurrence" which takes place
after the equipment lease expires;
(b) This insurance does not apply to
"bodily injury" or "property
damage" arising out of the sole
negligence of such person or or
ganization;
(4) Permits issued by any state or political
subdivision with respect to operations
performed by you or on your behalf,
subject to the following adcfltional pro
vision:
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;
c. The insurance with respect to any arChitect.
engineer, or surveyor added as an insured
by this endorsement does not apply to
"bodily injury", -property damage", or
-personal and advertising injury" arising out
of the rendering of or the failure to render
any professional services by or for you, in
cluding:
(1) The preparing, approving, or failing to
prepare or approve maps, drawings,
opinions, reports, surveys, change or
ders, deSigns or specifications; and
(2) SlJP!rvisory, inspection or engineering
services.
d. This insurance does not apply to "bodtly
injury" or "property damage" included within
the "products-completed operations
hazard".
e. A person's or organization's status as an in
sured under this endorsement ends when
your operations for that insured are com
pleted.
t. No coverage will be provided if, in the ab
sence of this endorsement, no liability would
be imposed by law on you. Coverage shall
be limited to the extent of your negligence
or fault according to the applicable principles
of comparative fault.
g. The defense of any claim or "suit" must be
tendered as soon as practicable to all other
insurers which potentially provide insurance
for such ctaim or "suit",
th. The insurance provided wiD not exceed the . ;lesser of:
(1) The coverage andlor limits of this policy,
or
(2) The coverage andlor limits required by
said contract, agreement or permit.
NON-OWNED WATERCRAFT AND NON-OWNED
AIRCRAFT LIABILITY
Exclusion g. of SECnON I -COVERAGE A is re
placed by the following:
g. "Bodily injury" or ''property damage" ariSing
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
Page 2 015
or loaned to any ins urea. Use includes oper
. atian and "loading or unloading".
This exclusion applies even If the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership, mainte
nance, use or entrustment to others of any
aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any in
sured.
ThiS exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 52 feet Iongj and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an -auto" on, or on the ways
next to, premises you own or rent, pro
vided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Uability assumed under any "insured
contract" for the ownership, mainte
nance or use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage"
arising out of:
(a) the operation of machinery or
equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if it were not
subject to a compufsory or financial
responsibility law or other motor ve
hicle insurance law in the state
where it is licensed or principally
garaged; or
(b) the operation of any of the machin
ery or equipment listed in Paragraph
f.(2) or f.(3) of the definition of
"mobile equipment".
(6) An aircraft you do not own provided it is
not operated by any insured.
TENANTS' PROPERTY DAMAGE LIABILITY
When Damage To Premises Rented To You Umit is
shown in the Declarations, SECTION I -COVER
AGE Po. exe/usion J., is replaced by the following:
J. Damage To Property
"Property aamage" to:
(1) Property you own, rent, or occupy, in
cluding any costs or expenses incurred
by you, or any other person, organiza
tion or entity, for repair, replacement,
enhancement, restoration or mainte
nance of such property for any reason,
including prevention of injury to a per
son or damage to another's property;
(2) Premises you sell, give away or aban
don, if the "property damage" arises out
of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or sub
contractors working directly or indirectly
on your behalf are performing oper
ations, if the "property damage" arises
out of those operations, or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other
than damage by fire) to premises, including
the contents of such premises, rented to
you. A separate limit of insurance applies to
Damage To Premises Rented To You as
described in SECTION III -LIMITS OF
INSURANCE. Paragraph (2) of this exclu
sion does not apply if the premises are "your
work" and were never occupied, rented or
held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclu
sion do not apply to liability assumed under
a sidetrack agreement.
Paragraph (6) of this exclusion does not ap
ply to "property damage" included in the
"products-completed operations hazard".
Paragraph 6. of Section III is replaced by the follow
ing:
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Umit is the most we
will pay under COVERAGE A for damages be
cause of "properly damage" to anyone prem
ises, while rented to you, or in the case of
damage by fire, while rented to you or temporar
ily occupied by you with permiSSion of the owner.
~-= Page30f5 EPCG 86 7412 07
The Damage To Premises Rented To You Umit is the
higher of $200,000 or the amount shown in the Dec
larations as Damage To Premises Rented To You
Umit.
WHO IS AN INSURED -MANAGERS
The following is added to Paragraph 2.a. of SECTION
II -WHO IS AN INSURED:
Paragraph (1) does not apply to executive officers, or
to managers at the supervisory level or above.
SUPPLEMENTARY PAYMENTS -COVERAGES A
AND B -BAIL BONDS
Paragraph l.b. of SUPPLEMENTARY PAYMENTS
-COVERAGES A AND B is replaced by the follow
ing:
b. Up to $3,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Uability Coverage applies.
We do not have to furnish these bonds.
SUPPLEMENTARY PAYMENTS -COVERAGES A
AND B -INDEMNITEES AND ADDITIONAL IN
SUREDS
Paragraph 2.f.(l) (d) of SUPPLEMENTARY PAY~
MENTS -COVERAGES A AND B is replaced by
the following:
(d) Cooperate with us with respect
to coordinating other applicable
insurance and self-tnsured
retention available to the In
demnitee; and
EMPLOYEES AS INSUREDS -HEALTH CARE
SERVICE
Paragraph 2.8.(1) d. of SECTION II -WHO IS AN
INSURED is deleted, unless excluded by separate
endorsement.
EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Paragraph 3.8. of SECTION II -WHO IS AN IN
SURED is replaced by the following:
a. Coverage under this provision is afforded
only until the end of the policy period.
EXTENDED "PROPERTY DAMAGE"
Exclusion 8. of SECTION I -COVERAGE A is
amended to read:
a. MBodily injury" or Mproperty damage" ex
pected or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resutt
ing from the use of reasonable force to pro
tect persons or property.
INCREASED MEDICAL EXPENSE LIMIT
The medical expense limit is amended to $10,000.
KNOWLEDGE OF. OCCURRENCE
The following is added to Paragraph 2. SECTION IV
COMMERCIAL GENERAL LIABIUTY
CONDITIONS Duties In The Event Of Occurrence,
Offense. Claim Or Suit of:
Knowledge of an "occurrence", claim or "suit" by
your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
officer of the named insured has received such notice
from the agent, servant Of employee.
INSURED CONTRACT
The following definition is added to SECTION V
DEFINITIONS, Definition 9. "insured contract" par
agraph f.:
(4) That part of any contract or agree
ment that indemnifies any person
or organization for the indemnitee's
sole tort liability.
OTHER INSURANCE
The first paragraph of Other Insurance of SECTION
IV -COMMERCIAL GENERAL LIABILITY CON
DITIONS is repfaced with the following:
If other valid and collectible insurance, or any selt-in
sured retention, Is available to the insured for a loss
we cover under COVERAGE A or B of this Coverage
Part, our obligations are 6mlted as follows:
METHOD OF SHARING
The second paragraph of 4.c. Method of Sharing of
SECTION IV -COMMERCIAL GENERAL LIABIL
ITY CONDITIONS is replaced with the following:
If any of the other insurance does not permit contri
bution by equal shares or is subject to a self-tnsured
retention, we will contribute by limits. Under this
method, each insurer's share is based on the ratio of
its applicable limit of insurance Of self-insured re
tention or both combined to the total applicable limits
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of insurance of all insurers ana the amount of any
self-insured retention.
UNINTENTIONAL FAILURE TO DISCLOSE ALL
HAZARDS
The following is added to Paragraph 6. Representa
tions of SECTION IV -COMMERCIAL GENERAL
LIABILITY CONDmONS:
If you unintentionally fail to disclose any hazards ex
isting at the inception date of your policy. we will not
deny coverage under this Coverage Form because of
such failure. However. this provision does not affect
our right to collect C1dditional premium or exercise our
right of cancellation or non-renewal.
LIBERALIZATION CLAUSE
The follOwing paragraph is added to SECTION IV
COMMERCIAL GENERAL LIABILITY CONDI
TIONS:
10. If a revision to this Coverage Part, which would
provide more coverage with no additional
premium. becomes effective during the policy
period in the state shown in the Declarations,
your policy will automatically provide this addi
tional coverage on the effective date of the re
vision.
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C-AG-03-PRIHlOJ1-3125o(Xl33Jt
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POLICY NUMBER: Ol-CH-733836-6
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES DR
CONTRACTORS -COMPLETED OPERATIONS
This endorsement modifies insll'8nce provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name or Person or Organization:
Any person or organization for whom you are
required by written contract,agreement or per
mit to provide completed operations coverage.
Location and Description of Completed Operations:
Your work on all jobs at all locations for
the named person or organization.
Additional Premium:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
SEcnON II -WHO IS AN INSURED is amended to include as an insured the person or organizatiOn shown
In the Sohedule, but only to the extent you are held liable due to "your work" at the Iooation designated and
described in the schedule of this endorsement for that insured and included in the "produot-completed
operations hazard".
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co 88721002
Includes Copyrighted Information of ISO Properties, Inc.,
2001 with permission
EP
COMMERCIAL GENERAL LIABILITY
CG 25 03 0509
POUCY NUMBER: Ol-CH-733836-6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction ProJect(s):
Information required 10 complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"Occmences· under Section I -Coverage A,
and for all medical expenses caused by acci
dents under Section I -Coverage C, which can
be attributed only to ongoing operations at a sin
gle designated construction project shown in the
Schedule above:
1. A separate Designated Construction Project
General Aggregate Umit applies to each
deSignated construction project, and that
limit is equal to the amount of the General
Aggregate Umit shown in the Declarations.
2. The Designated Construction Project Gen
eral Aggregate Umit is the most we will pay
for the sum of all damages under Coverage
A, except damages because of "bodily
injury" or "property damage" included in the
"products-completed operations hazard",
and for medical expenses under Coverage
C 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 for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate
Umit for that deSignated construction project.
Such payments shall not reduce the General
Aggregate Umit shown in the Declarations
nor shall they reduce any other Designated
Construction Project General Aggregate
Umit for any other designated construction
project shown in the Schedule above.
4. The Hmits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense con
tinue to apply. However, instead of being
subject to the General Aggregate Umit
shown in the Declarations, such limits will be
subject to the applicable DeSignated Con
struction Project General Aggregate Umit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"Occurrences" under Section I -Coverage A
and for all medical expenses caused by acci
dents under Section I -Coverage C, which
cannot be attributed only to ongoing operations
at a single designated construction project shown
in the Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Umit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
tllnsurance Services Office, Inc., 2008
Saf1lco Md the Saleco logo .... reGistered Ir.demarlls or Sef1lcoOcrporatlm
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2. Such payments shall not reduce any Desig
nated Construction Project General Aggre
gate Umit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is pro
vided, any payments for damages because of
"bodily injury" or "propery damage" included in
the "products-completed operations hazard" will
reduce the Products-compleled Operations
Aggregate Umit. and not reduce the General
Aggregate Umit nor the Designated Construction
Project General Aggregate Umit.
D. If the applicable deSignated 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 Section III -Umits of Insur
ance not otherwise modified by this endorsernert
shall continue to apply as stipulated.
Page2of2
~~ CG 76 80 1002 _.......,-
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PRIMARY
COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Deschutes County~ its agents, officers,
employees & volunteers
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
SECTION II -WHO IS AN INSURED is amended
to include as an adOltional insured the person or
organization shown in the Schedule subject to the
following provisions:
1. The additional insured is an insured but only for
liability directly resulting from:
a. your ongoing operations for the adcfltional in
sured whether the work is performed by you
or for you; or
b. the general supervision of your ongoing op
erations by the additional insured.
2. This insurance does not apply to:
a. "Bodily injury" or "property damage" arising
out of any act or omission of, or for defects
in design furnished by or for, the additional
insured or
b. "Bodily injury" or "property damage" in
cluded within the "products-completed oper
ations hazard."
A person's or organization's status as an additional
insured under this endorsement ends when your op
erations for that insured are completed.
No coverage will be provided if. in the absence of this
endorsement, no liability would be imposed by law on
CG76801002
you. Coverage shall be limited to the extent of your
negligence or fault according to the applicable princi
ples of comparative fault.
The insurance provided will not exceed the lesser of:
a. The coverage andlor limits of this policy, or
b. The coverage andlor limits required by the
contract, agreement or permit.
With respect to the insurance afforded the additional
insured. paragraph 4. of SEcnoN IV -COMMER
CIAL GENERAL LIABILln' CONDITIONS is de
leted and replaced by the following:
4. Other Insurance
a. This insurance is primary and noncontrib
utory, and our obligations are not affected by
any other insurance where the additional in
sured is the Named Insured. whether pri
mary, excess, contingent. or on any other
basis; however, the defense of any cfaim or
"suit" must be tendered as soon as practi
cable to all other insurers which potentially
provide insurance for such claim or "slit".
b. This additional provision applies only to the
additional insured shown in the Schedule
and the coverage provided by this endorse
ment.
EP
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_or __ _ COMMERCIAL GENERAL LIABILITYtltf::L. CG 24 04 0509
POLICY NUMBER: Ol-CH-733836-6
WAIVER OF TRANSfER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABIUlY OOVERAGE PART
PRODUOTs/COMPLETED OPERATIONS LlABILllY OOVERAGE PART
SCHEDULE
Name or Person Or Organlzadon:
Information required to complete this Schedule. if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer or
Rights or Recovery Against Others To Us of
SecUon IV -Condldons:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"yoll' work" dOne under a contract with that person
or organization and Included in the
"Products-completed operations hazard". This waiver
apples only to the person or organization shown in
the Schedule above.
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e Insurance Services Office. Inc., 2008
Saflmo and Ilia Safar:o logo _ regls1e",d trademafb or SaIeco CorporalIon
EP