HomeMy WebLinkAbout2016-230 Contract - Hays Oil Company
Contract for Fuel - Ashland Parks & Recreation
C I T Y OF CONTRACTOR: Hays Oil Company
-AS H LAN D CONTACT: Steven Hays
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1890 So. Pacific Hwy, Medford, OR 97501
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-772-2053, Ext. 1009
DATE AGREEMENT PREPARED: Jul 18, 2016 FAX: 541-779-2602
BEGINNING DATE: Jul 18, 2016 COMPLETION DATE: Jul 17, 2017
COMPENSATION: Fuel to be priced using the "Eugene AM OPIS (Oil Price Index Service) rack average", plus
applicable taxes and markup as follows: Regular Unleaded 10% Ethanol $0.181, Dyed B5 Biodiesel $0.181.
Plus cost of additive (Cost to treat 100 gallons is $6.95/summer product to $7.95/winter product)
GOODS AND SERVICES TO BE PROV!DED: Fuel to be delivered bi-weekly and/or as needed to the fuel tank
located at the Ashland Park Shop (Next to Oak Knoll Course) 3070 Hwy 66, Ashland, OR, 97520. Per
proposal attached as Exhibit C. Types of fuel: Regular Unleaded 10% Ethanol and Undyed B-5 Biodiesel;
Fuel tank: 1,500 Gallons - 500 Gallons/Bio-Diesel, 1,000 Gallons/Unleaded
Additive for cold weather and lubrication is to be added to B5 Bio Diesel at the time of delivery continuously all
year. (Cost to treat 100 gallons is $6.95/summer product to $7.95/winter product)
ADDITIONAL TERMS: This contract may be extended annually for two additional years for a maximum term of
three 3 ears.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work 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. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work 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.
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a
separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $20,283.20 or more, Contractor 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 work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor 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 Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
9. Termination:
Contract for Fuel - Ashland Parks & Recreation, Page 1 of 5
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv's 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.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, 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 Contractor 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 Contractor 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. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified 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, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor 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 Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract.
11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated
against minority, women or emerging small businesses enterprises in obtaining any required subcontracts.
Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.110 or the administrative rules impuementing the Statute.
12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an
asbestos abatement license.
13. Assignment and Subcontracts: Contractor 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. Contractor 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.
14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible
in the performance of the contract work set forth in this document.
15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to
the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
QRF if Contractor 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.
16. Insurance. Contractor 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. General Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Fuel - Ashland Parks & Recreation, Page 2 of 5
$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.
C. 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.
d. 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 Contractor or its insurer(s) to
the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein,
excluding Workers' Compensation, but only with respect to Contractor's services to be provided under this
Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish
acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is
primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies,
trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self-insurance.
17. 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 Contractor 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. Contractor, 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.
18. 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.
CONTRACTOR, 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.
19. Nona ppropriations 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. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required before any work may begin under this contract.
21. Ce i i tion. Contr ctor shall sign the certification attached hereto as Exhibit A and herein incorporated by
refe en
Contract rz City of Ashl nd
By By
Signature Department Head
Print Name Print Name
- 17--o l~
Title Da
W-9 One copy of a W-9 is to be submitted with 71
the signed contract. Purchase Order No.
Contract for Fuel - Ashland Parks & Recreation, 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 (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
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.
(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.
QA~ k~~ 2$ If.
Contractor (Date)
Contract for Fuel - Ashland Parks & Recreation, Page 4 of 5
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
WA E
per hour effective June 30, 2016
(Increases annually every June 30 by the
Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $209283.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
50% or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
^AS H LA N D
Contract for Fuel - Ashland Parks & Recreation, Page 5 of 5
111KOV-01 710 OTC!
PO BOX 1220 Medford OR 97501
(800)-452-6555
July 8, 2016
City of Ashland
90 N. Mountain Avenue
Ashland OR 97520
Fax: 541-488-5320
Email kari.olson@ashland.or.us
Attn: Purchasing Representative, Kari Olson
Re: Fuel Bid for Ashland Parks Shop
Ms. Kari Olson,
The pricing for this bid offering will be based on the following.
• Eugene Oregon OPIS Average 10:00 AM EDT report, dated 7/7/2016.
• Deliveries to Ashland are made on a weekly basis using a bobtail truck.
+ The fuels available for delivery are those that are provided at the Eugene Oregon fuel terminal.
o Regular Unleaded 10% Ethanol
o BS biodiesel Undyed, Bio component is in diesel when picked up in Eugene. Manufacturer name
of Bio component unknown.
• Price of fuel and markup.
o Regular Unleaded 10% Ethanol
■ OPIS Price $1.625, Markup $0.181, Tax $0.30271 Total $2.1087
o B5 Biodiesel Undyed
■ OPIS Price $1.650, Markup $0.181, Tax $0.00286 Total $1.8339
If you have any questions, contact Steven Hays, 541-772-2053 ex 1009 or email shays@haysoil.com.
Thanks you for the opportunity to bid on your fuel needs.
S ce y,
Steven Hays
1890 So. Pacific Hwy. 529 NE F Street 191 Bateman Drive 829014Th Street
Medford OR 97501 Grants Pass OR 97526 Central Point OR 97502 White City OR 97503
541-772-2053 541-476-2218 541-664-6640 541-826-5550
Fax 541-779-2602 Fax 541-476-9936 Fax 541-664-1364 Fax 541-826-3864
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~ 7 1
CERTIFICATE OF LIABILITY INSURANCE F DATE (MNUDD/YYYY)
6/22/2016
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 OOINT
c Pam Wimawr
(503)227-1771 AI No (503) 274-7661
Elliott Powell Baden and Baker Inc. PHONE FAX
1521 S.W. Salmon Street E-MAIL ADDRESS:pwinmler@apbb' com
INSURER(S) AFFORDING COVERAGE NAIC M
Portland OR 97205-1783 INSURERAContinental Western Insurance Co. 10804
INSURED INSURER B Great Divide Insurance Co.
RIP Hays Co, IDEA: Hays Oil Company INSURER C :SAIF 36196
PO Box 1220 INSURER D :
INSURER E :
Medford OR 97501 INSURER F :
COVERAGES CERTIFICATE NUMB ER:16-17 GL, Auto, Umb t WC 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.
ILTR TYPE OF INSURANCE POLICY NUMBER P MY EFF POLICY LIMITS
X COMMERCIAL GENERAL LIABILITY IA/ EACH OCCURRENCE $ 1,000,000
TO) ENTED
A CLAIMS-MADE a OCCUR DAMAGE ES tER oocurence $ 300,000
X CPA2938039 7/1/2016 7/1/2017 MED EXP (Any one person) $ 10,000
PERSONAL s ADV INJURY $ 1, DOD, 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY FI PRaJECTF-1 LOC PRODUCTS - COMPIOP AGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ce accident)
B X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED 8007123 7/1/2016 7/1/2017 BODILY INJURY (Per amident) $
AUTOS NON--OWNED PROPERTY DAMAGE $
X HIRED AUTOS X AUTOS Per ac 'dend
$
UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000
A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ 10,000 000
DIED RETENTION CUA6025552 7/1/2016 7/1/2017 $ I PER WORKERS COMPENSATION X STATUTE ER"
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTNE YIN
NIA E.L. EACH ACCIDENT $ 1L000 000
C orrICER/MEMBER
in NH) EXCLUDED? 480086 BAYS 7/1/2016 7/1/2017 E.L. DISEASE - EA EMPLOYE $ 11000,000
If yes, describe under
DESCRIPTION OF OPERATIONS bolo, E.L. DISEASE - POLICY LIMIT $ 11000,000
A Property In Transit $100,000 LimiVDed 1,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Addldonal Remarks Schedule, may be attached If more space Is required)
Rs: Delivery of Fuel. Form CL CG 00 13 08 13 is attached.
CERTIFICATE HOLDER CANCELLATION
(541)488-5320
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
90 N Mountain Ave ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520
AUTHORIZED REPRESENTATIVE
Pam Wimmer /LJ
®1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INSn25r;)nlem1
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COMMERCIAL GENERAL LIABILITY
CL CG 0013 08 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY PLATINUM ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. MEDICAL PAYMENTS
If SECTION 1- COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part
1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF
INSURANCE, shall be the greeter of.
a. $10,000: or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU
RENT
If damage to premises rented to you under Coverage A. Is not otherwise excluded from this policy, the
following applies:
1. The last paragraph of SECTION 1- COVERAGE A2. Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to
premises while rented to your or temporarily oocupled by you with permission of the owner. A separate
limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE.
2 Paragraph S. of SECTION III - LIMITS OF INSURANCE Is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the greater of.
a. $300,000; or
b, the Damage To Premises Rented To You Limit shown In the Declarations;
is the most we will pay under COVERAGE A for damages because of "property damage" to any one
premises, while rented to you or temporarily occupied by you with the permission of the owner.
3. Paragraph 4.b.(1)(a)(11) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced by the following:
(11) That Is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented
to you or temporarily occupied by you with the permission of the owner;
4. Paragraph 9.a. of SECTION V - DEFINITIONS Is deleted and replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnities any person or organization for damage by fire, lightning, explosion, smoke or sprinkler
leakage to premises while rented to you or temporarily occupied by you with penmission of the owner
is not an "insured contract";
CL CG 0013 0813 Includes copyrighted material of Insurance Services Page 1 of e
0173ce, Inc., with its permission
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C. LIMITED NON-OWNED WATERCRAFT
1. Paragraph g.(2) of SECTION I -COVERAGE A.2. Exclusions Is deleted and replaced by the following:
A watercraft you do not own that is:
a. Less than 51 feet long; and
b. Not used to cant' persons or property for a charge.
D. SUPPLEMENTARY PAYMENTS
SECTION 1- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
1. The limit of Insurance in paragraph 1.b. is Increased from $250 to $2,500; and
2. The limit of insurance in paragraph 1.d. Is increased from $250 to $500.
E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NONCONTRIBUTORY
The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED:
e. Any person or organization described below, when you are obligated by virtue of a written contract or
agreement that such person be added as an additional insured on your policy.
When required by virtue of a written contract or agreement, coverage provided to any additional
insured will be on a primary basis and will not seek contribution from the additional Insured's policy.
Only the following persons or organizations are additional Insureds under this endorsement
(1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only
with respect to liability arising from the ownership, maintenance or use of that part of the premises
leased to you and subject to the following additional exclusions:
This insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to be a tenant of that premises.
(b) Structural alterations, new construction or demolition operations performed by or on behalf of
the manager or lessor.
(2) Lessor Of Leased Equipment Any person or organization from whom you lease equipment, but
only with respect to liability for "bodily injury', "property damage" or "personal and advertising
injury" caused, In whole or In part, by your maintenance, operation or use of equipment leased to
you by such person(s) or organization(s).
However, this insurance does not apply to any "occurrence" which takes place after the equipment
lease expires.
(3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage"
arising out of "your producW shown in the Schedule which are distributed or sold in the regular
course of the vendor's business, subject to the following additional exclusions:
a. The insurance afforded the vendor does not apply to:
1. "Bodily injury" or "property damage" for which the vendor Is obligated to pay damages by
reason of the assumption of liability in a contract or agreement This exclusion does not
apply to liability for damages that the vendor would have In the absence of the contract or
agreement;
2. Any express warranty unauthorized by you;
3. Any physical or chemical change In the product made intentionally by the vendor
Page 2 of 8 Includes copyrighted material of Insurance Services CL CO 0013 0813
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4. Repackaging, unless unpacked solely for the purpose of Inspection. demonstration,
testing, or the substitution of parts under instructions from the manufacturer, and then
repackaged in the original container,
5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
6. Demonstration, Instalation, servicing or repair operations, except such operations
performed at the vendors premises in eormection with the sale of the product;
T. Products which, after distribution or sale by you, have been labeled or relabeled or used
as a container, part or Ingredient of any other thing or substance by or for the vendor.
b. This insurance does not apply to any insured person or organization, from whom you have
acquired such products. or any ingredient, part or container, entering Into, accompanying or
containing such products.
(4) State Or PoBtical Subdivision - Perntlts Or Authorizations Relating To Premises. Any state
or political subdivision, subject to the following additional provision:
This insurance applies only with respect to the following hazards for which the state or political
subdivision has Issued a permit in connection with premises you own, rent, or control and to which
this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies. cellar entrances, coal holes, driveways, manholes, marquees, hoist away
openings, sidewalk vaults, street banners, or decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
Limits of Insurance for such additional insured are the limits in this coverage form or the limits you and such
additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive
of and are not in addition to the Umits Of Insurance shown in the Declarations.
When required by virtue of a written contract or agreement, coverage provided to any additional insured
AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NONCONTRIBUTORY
will be on a primary basis and will not seek contribution from the additional Insured's policy.
F. BROADENED NAMED INSURED - NEWLY ACQUIRED 180 DAYS
Paragraph 3. of SECTION 11- WHO IS AN INSURED is deleted and replaced by the following:
Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership
or majority interest of more than 50% will be a Named Insured if there is no other similar Insurance available to
that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the
organization or the end of the policy period, whichever is earlier.
b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization.
c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
0. AGGREGATE LIMITS OF INSURANCE
The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of
your.
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1. Projects away from premises owned by or rented to you.
2. "Locations" owned by or rented to you.
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 Is a part of
this policy, then paragraph G. Aggregate Limits of insurance of this endorsement does not apply.
H. KNOWLEDGE OF OCCURRENCE
The following is added to paragraph 2. Dudes In The Event Of Occurrence. Offense, Claim Or Suit of
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. A report of an "occurrence", offense, claim or "suit" to:
(1) You, If you are an individual,
(2) A partner, If you are a partnership,
(3) An executive offerer, if you are a corporation, or
(4) A manager, if you are a limited liability company,
Is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit"
as soon as practicable.
f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your
Workers Compensation Insurer for an event which later develops into an "oc curr+ence", offense, daim
or "suit" for which there is coverage under this policy. However, we will only be considered on notice if
you notify us as soon as you know the claim should be addressed by this policy rather than your
Workers Compensation policy.
1. UNINTENTIONAL OMISSIONS
The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
d. If you unintentionally fell to disclose any exposures existing at the inception date of your policy, we will
not deny coverage under this Coverage Part solely because of such failure to disclose. However, this
provision does not affect our right to collect additional premium or exercise our right of cancellation or
non-renewal.
This provision does not apply to any known injury or damage which Is excluded under any other
provision of this policy.
J. MENTAL ANGUISH
Paragraph 3. of SECTION V - DEFINITIONS Is deleted and replaced by the following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, Including mental anguish or
death resulting from any of these at any time.
K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS Is amended by the addition of the following:
We waive any right of recovery we may have because of payments we make for "bodily injury" or "property
damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver
with that person or organization and included In the "products-completed operations hazard".
However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which
we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At
our request, the insured will bring 'suW' or transfer those rights to us and help us enforce those rights.
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Paragraph K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if
another waiver of transfer of rights of recovery against others is endorsed separately to this policy.
L. OTHERINSURANCE
When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of
insurance In the policy applies to loss or damage insured by this coverage.
M. NON-EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS)
The following Is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of
COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
h. Non-employment discrimination.
Non-employment discrimination means violation of a persons civil rights with reaped to such persons race,
color, national origin, religion. gender, marital status, age, sexual orientation or preference, physical or mental
condition. or any other protected class or characteristic established by any federal, state or local statutes, rules
or regulations. Non-employment discrimination does not include violation of civil rights arising out of past,
present or prospective employment.
Our obligation under the Personal and Advertising Injury Liability Coverage to pay non-employment
discrimination liability damages on your behalf applies only to the amount of damages in excess of $5,000
deductible as the result of any one offense regardless of the number of persons or organizations who sustain
damages because of the offense.
The most we will pay for all damages for non-employment discdminadon is $15,000 annual aggregate. No
other liability to pay sums or perform acts or services Is covered.
Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage.
N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC,
INCLUDING PRIMARY NON-CONTRIBUTORY
1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any person or
organization for whom you are performing operations when you are obligated by virtue of a written contract
or agreement that such person or organization be added as an additional insured on your policy. Such
person or organization is an additional Insured only with respect to liability for "bodily injury, "property
damage" or "personal and advertising injury' caused by your ongoing operations for the additional insured
and only to the extent that such °bodily injury", "property damage" or "personal and advertising injury" Is
caused by your negligence or the negligence of those performing operations on your behalf.
This insurance does not apply to "bodily injury", "property damage", "personal and advertising injur/"
included within the "products-completed operations hazard".
This insurance does not apply to any additional insured scheduled on your policy by separate
endorsement
2. Limits of Insurance
Limits of insurance for such additional insured are the limits in this coverage form or the limits you and
such additional Insured agreed to by virtue of a contract or agreement, whichever is less. These limits are
inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations.
3. Exclusions
A. With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of:
1. The rendering of or failure to render any professional services by you or on your behalf, but only
with respect to either or both of the following operations:
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a. Providing engineering, architectural or surveying services to others in your capacity as an
engineer, architect or surveyor, and
b. Providing, or hiring Independent professionals to provide, engineering, architectural or
surveying services in comedian with construction work you perform.
2. Subject to Paragraph 3. below, professional services include:
a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, or drawings and specifications; and
b. Supervisory or inspection activities performed as part of any related architectural or
engineering activities.
3. Professional services do not Include services within construction means, methods, techniques,
sequences and procedures employed by you or performed by or for the construction manager, its
employees or its subcontractors in connection with your ongoing operations.
B. "Bodily injury"or "property damage" occurring after:
1. All work, Including materials, parts or equipment furnished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged In
performing operations for a principal as a part of the same project.
4. Primary Non-Contributory
When required by virtue of a written contract or agreement, coverage provided to any additional insured by
ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING
OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis
and will not seek contribution from the additional Insured's policy.
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Purchase Order
Fiscal Year 2017 Page: 1 of: 1
,os
a
R E G REo ryy ~~~-~a~~- N
- - = - - _ _ - _ - -IW-P
B Ashland Parks Commission -
I ATTN: Accounts Payable
L 20 E. Main Purchase 71
L Ashland, OR 97520 Order #
T
O
V HAYS OIL COMPANY H C/O Oak Knoll Maint Shop
N PO BOX 1220 1 3070 Hwy 66
D MEDFORD, OR 97501 P Ashland, OR 97520
Phone: 541/488-5340
O T Fax: 541/488-5314
R O
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Wes Hoadle
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08/10/201.6 35 FOB ASHLAND OR Parks Accounts Payable
ltt 211111-0= Parks Shop - Fuel
The Above Purchase Order Number Must Appear On All
Correspondence - Packing Sheets And Bills Of Lading
1 MODIFIED: Parks Shop Fuel 1.0 $7,000.00 $7,000.00
Unleaded Fuel
B5 Bio-Diesel (with additive for cold weather and lubrication -
continuously all year)
Annual estimate: $7,000.00
Contract for Parks Fuel
Beginning date: July 18, 2016
Completion date: July 17, 2017.
GL Account: $7,000.00
GL SUMMARY
125500 - 602120 $7,000.00
,f
By: - Date: r 4-1
Authorized Signature J - $7 000.00
FORM #3 CITY OF
ASHLAND
REQUISITION Date of request: = - D
Requireddate for delivery:
Vendor Name
Address, City, State, Zip
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached _ Attach co of council communication _(If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Date approved by Council:
❑ Direct Award Contract #
El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000. to $100,000 F ❑ Written quote or proposal attached Agency
(3) Written quotes and solicitation att~ohed ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES . / ' ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Agency 71' 1. Form #9, Request for Approval Date original contract approved b Council:
❑ Less than $35,000, by direct appointmki. ~ El Written quote or proposal attached pp y
❑ (3) Written proposals/written solicitatid' Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
r
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
,r
TOTAL COST
❑ Per attached quote/proposal 14 $
Project Number Account Number
Account Number---' - - - Account Number---.
- - -
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied.
Employee:-.*"-, Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year: YES / NO
Finance Director- (Equal to or Vreater than $5,000) Date "
Comments,
Form #3 - Requisition