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HomeMy WebLinkAbout2019-179 20200026 A Cut Above the Tree Service GOODS AND SERVICES AGREEMENT (LESS THAN $25,000) PROVIDER: A Cut Above Tree Service, Inc. CITY OF PROVIDER'S CONTACT: Jasmine Borgatti -ASH LAN D 20 East Main Street ADDRESS: 209 North Mt Shasta Blvd, Mt Shasta, CA 96067 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: 530-643-2155 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and A Cut Above Tree Service, Inc., a domestic business corporation ("hereinafter"Provider"), for Weed Abatement. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Weed Abatement services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. 1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$300/hour, portal to portal, 8 hour min. as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $5000 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. Page 2 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 2798.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitatioin to Bid-Trade Services dated May 22, 2019. • The Provider's complete written Proposed fee schedule (Bid for Work) dated May 23,2019. 5. REMEDIES Page 3 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"),and shall continue in full force and effect until November 30,2019,unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Ashland Fire&Rescue Attn: Weed Abatement Coordinator 455 Siskiyou Blvd Ashland, Oregon 97520 Phone: (541)552-2246 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: A Cut Above Tree Service, Inc. Attn: Jasmine Borgatti Page 4 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. 209 North Mt Shasta Blvd, Mt Shasta, CA 96067 Phone: (530)643-2155 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. II Page 5 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. CITY OF ASHLAND: A Cut Above Tree Service,Inc. (PROVIDER): By: 6r / By: Signature Signature Oat'? � \ {0-- Printed Natlfe Printed Name (- r P,f "Zh �.,P/M fte. . Title Title 72A1 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. 7t, Page 6 of 6: Agreement between the City of Ashland and A Cut Above Tree Service, Inc. -A� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OOP/7TV) 6/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Jennifer Lakmann,CISR InterWest Insurance Serv., LLC PHONE FAX License#0B01094 rwc No,Fxt1 530-222-1737 (A/C.No):530-222-3771 310 Hemsted Dr., Suite 200 ADDRESS: jlakmann @iwins.com Redding CA 96002-0935 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:State Comp Ins Fund(CA) 35076 INSURED ACUTA-1 INSURER B:Navigators Specialty Ins Co 36056 A Cut Above Tree Service, Inc. 209 N. Mt Shasta Blvd INSURER c:Landmark American Ins.Co 33138 Mount Shasta CA 96067 INSURER o:Scottsdale Insurance Co. 41297 INSURER E:AXIS Insurance Company 37273 INSURER F: COVERAGES CERTIFICATE NUMBER:1771486475 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER (MMIDOY/YYW) (MM/DDY/YYYY) LIMITS LTR INSD WVD E X COMMERCIAL GENERAL LIABILITY Y AXSP0095000 6/20/2019 6/20/2020 EACH OCCURRENCE $1,000,000 —DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(My one person) $5,000 PERSONAL a ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X jET LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ C UMBRELLALIAB X OCCUR LHA245405 7/20/2018 7/20/2019 EACH OCCURRENCE $2,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 905955518 9/1/2018 9/1/2019 X AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED4 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution Liability SFI7ECP311250IC 10/8/2017 10/8/2019 5.000,000 Occ 10000000 Agg D Excess Liability XLS0107858 7/20/2018 7/20/2019 6,000,000 Ore 6000000 Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Ashland,Oregon,its officers,agents and employees Additional Insured status applies to requested entities if required by written contract per the attached endorsements.Primary wording per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 /1//}},,� .a o. GtraS 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Endorsement Additional/Return Effective Date of Endorsement Policy Number No. Premium 6/20/2019 12:01 a.m. on If the above date is blank, then this endorsement AXSP-00950-00 is effective on the effective date of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V- Definitions. The following is a summary of the limits additional coverages and extensions provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. SCHEDULE Blanket Additional Insured When Required by Contract Included Broadened Definition of Mobile Equipment Included Damage to Premises Rented to You Broadened Perils Liberalization Included Medical Payments Increased to $10,000 per person (unless excluded) Non-Owned Aircraft If rented or loaned with a paid crew Non-Owned Watercraft Increased to 51 feet long Notice of Occurrence Included Per Location and Per Project Aggregates Included Property Damage to "Customers' Goods" Up to $10,000 per"occurrence" Property Damage to Borrowed Equipment Up to $10,000 per"occurrence" Revised Exclusion for Expected or Intended Injury Included Supplementary Payments Bail Bonds Up to $2,500 Loss of Earnings Up to $300 a day Unintentional Failure to Disclose Hazards Included Waiver of Transfer of Rights of Recovery Included Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 1 of 6 • C & Changes to SECTION I - COVERAGES DAMAGE TO PREMISES RENTED TO YOU A. SECTION I -COVERAGE A., 2. Exclusions is amended to delete the last paragraph and is 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 you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 6. Subject to 5. above, the higher of$300,000 or 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 in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT RENTED OR LOANED TO YOU WITH A CREW Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long;and (b) Not being used to carry persons or property for a charge. The following is added to g. Aircraft, Auto or Watercraft: (6) An aircraft not owned by any insured that is rented or loaned to you, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew;and 3. It does not transport persons or cargo for a charge. If other insurance applies to a loss because of"property damage"to non-owned watercraft or aircraft as described in (2) (a) and (b) or (6) above, the insurance provided by this Coverage Form does not apply whether the other insurance is primary, excess, contingent, or issued on anyother basis. Changes to SECTION I - COVERAGE A - EXCLUSIONS EXPECTED OR INTENDED INJURY Exclusion 2. a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or`property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. PROPERTY DAMAGE -BORROWED EQUIPMENT A. 2. Exclusions,j. Damage to Property, (4) Personal Property in the care, custody or control of the insured; Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 2 of 6 does not apply to"property damage"to borrowed equipment while that equipment: 1. is not being used to perform operations;and 2. is away from an insured's premises. B. The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary, excess, contingent or on any other basis. C. SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for"property damage"to borrowed equipment is $10,000 per"occurrence". PROPERTY DAMAGE - "CUSTOMERS' GOODS" A. Paragraphs (3), (4) and (6) of Exclusion j. of SECTION I -COVERAGES, COVERAGE A does not apply to "property damage"to "customers' goods"while on your premises. B. The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary excess, contingent or on any other basis. C. SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for"property damage" to customers' goods is $10,000 per"occurrence". Changes to SECTION II WHO IS AN INSURED ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a 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, in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,reports, surveys, field orders, change orders or drawings and specifications;or Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 3 of 6 • b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or"property damage"occurring after: a. 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 b. 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. Changes to SECTION III - LIMITS OF INSURANCE MEDICAL PAYMENTS The following applies only if Medical Payments Coverage is not excluded from the policy to which this endorsement is attached: Paragraph 7. is deleted in its entirety and replaced by the following: 7. Subject to paragraph 5, the Medical Expense Limit is equal to the Medical Expense Limit stated inthe Declarations, subject to a minimum of$10,000 and is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. PER LOCATION AND PER PROJECT AGGREGATES SECTION III -LIMITS OF INSURANCE, is amended to add the following: A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a covered "location" or covered construction project: 1. A separate Per Location or Per Project General Aggregate Limit applies to each covered"location"or covered construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Location or Per Project General Aggregate Limit 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 Per Location or Per Project General Aggregate Limit for each covered "location" or covered project for which payment is made. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other covered "location" or covered project's general aggregate. Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 4 of 6 40 V/ 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Location or Per Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a covered "location" or covered project: 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 Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable;and 2. Such payments shall not reduce any Per Location or Per Project General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Location or Per Project General Aggregate Limit. D. Definition For the purposes of the Per Location and Per Project Aggregates, "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. E. If the applicable covered 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. F. The provision of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. Changes to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Item 8. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We agree to waive any right of recovery we may have against any person or organization with whom you have agreed by contract prior to an "occurrence"to waive such rights because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". The waiver applies only to the person or organization with whom you have agreed in a contract prior to an "occurrence"to waive such rights. NOTICE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event of Occurrence, Offense Claims or Suit: Your rights under the Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence, offense, claim or"suit" and that failure is solely due to your reasonable belief that the "bodily injury"or"property damage" is not covered under this Coverage Part. However, you shall give written notice of this"occurrence" offense, claim or"suit"to us as soon as you are aware that this insurance may apply to such `occurrence" Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 5 of 6 1 �r • offense, claim or"suit". UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 10. Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of the Coverage Part, we shall not deny coverage under this coverage Part because of such failure. LIBERALIZATION SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 11. If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Changes to SECTION V - DEFINITIONS 12. Mobile Equipment, paragraph f. (1) is amended to add thefollowing: This shall not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. The following definition is added: 23. "Customers' goods" means tangible personal property belonging to your customers and left with you for storage, service or repair. "Customers goods" does not include: a. Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; or b. Animals; or c. Contraband, or property in the course of illegal transportation or trade;or d. Personal property while airborne or waterborne;or e. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not)from that other insurance;or f. Vehicles or self-propelled machines (including aircraft or watercraft)that are licensed for use on public roads. This paragraph does not apply to: (1) Vehicles or self-propelled machines, other than autos, you hold for sale;or (2) Rowboats or canoes out of water at the described premises; The following property while outside of buildings: (1) Grain, hay straw or other crops; (2) Fences, radio or television antennas (including satellite dishes)and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants (other than trees, shrubs or plants held for sale) Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17) Page 6 of 6 POLICY NUMBER: WPP1381913 03 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An"employee"of yours is an"insured" Organizations, Employee Hired Car while operating an"auto"hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's"name,with your Item 1.Who is an Insured of Paragraph A. permission,while performing duties Coverage under SECTION II—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form,other than a partnership,joint "insured", but only with respect to venture or limited liability company,and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest(greater than 50%),will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4)of a.Supplementary Payments (1) coverage under this provision is of Item 2.Coverage Extensions of afforded only until the 180'"day Paragraph A. Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period,whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to"bodily incurred by the"insured"at our injury","property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to$1,000 per day that results from an"accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION Il—COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury"results from the use of a covered "auto"you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects"Coverage Item 2. Towing,of Paragraph A. Coverage, Item 4.Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A.Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects"Coverage We will pay for towing and labor costs each time that a covered"auto"is We will pay actual cash value for"lass"to disabled. All labor must be performed at "personal effects"of the"insured"while in the place of disablement of the covered a covered"auto"subject to a maximum "auto limit of$2,500 per"loss", for that covered "auto" caused by the same"accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is$500; H. "Downtime Loss"Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions, of e—Hitting A Bird Paragraph A.Coverage, under SECTION E. Item 3.Glass Breakage g III.PHYSICAL DAMAGE COVERAGE, is Or Animal—Falling Objects or Missiles of amended to add: Paragraph A. Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE, is "Downtime Loss"Coverage amended to add: We will pay any resulting"downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage"loss"to a We will waive the Comprehensive covered"auto" up to a maximum of$100 deductible for Glass,if one is indicated on per day, for a maximum of 30 days for the your covered"auto",for glass repairs. We same physical damage"loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, provided the"loss"arises from a covered a. We will provide"downtime loss"beginning Comprehensive"loss"to your"auto". on the 5 day after we have given you Transportation Expense our agreement to pay for repairs to a F. Increase Of Trans p p covered'"auto"and you have given the Coverage repair facility your authorization to make Subpart a. Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A.Coverage under SECTION tll— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve"auto" available to you to continue your a. Transportation Expenses operations. We will pay up to $50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered"auto" have because of the total theft of a covered been completed by the repair facility "auto"of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission • I. Item 4.Coverage Extensions,of d. Contraband or property in the course Paragraph A.Coverage, under SECTION of illegal transportation or trade. III.PHYSICAL DAMAGE COVERAGE, is e. "Loss"caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered"auto"and a police report is reimbursement expenses incurred by you for filed. a rental of an"auto"because of"loss°to a K. Accidental Airbag Discharge Coverage covered"auto" up to a maximum of$100 per day,for a maximum of 30 days for the same Item 3.a.of Paragraph B. Exclusions under 1 physical damage"loss",subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE Is amended to read: a. We will provide rental reimbursement a. Wear and tear,freezing, mechanical incurred during the policy period or electrical breakdown.The beginning 24 hours after the "loss"and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration,with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered"auto". If the"loss"is Paragraph C.Limit Of Insurance under caused by theft, this number of days is SECTION 111--PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered"auto"and return it to you or the number of days it takes for the claim to If a covered"auto"is owned or leased and be settled,whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it,we will pay,in the event of a covered P y y total"loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered"auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve"autos" Damage Coverage Section of the available to you for your operations. policy;and d. If a"loss"results from the total theft of a b. Any: covered"auto"of the private passenger type,we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects"Exclusion loss'; B. Exclusions under SECTION (2) Financial penalties imposed Paragraph under a lease for excessive use, ' III—PHYSICAL DAMAGE COVERAGE, is abnormal wear and tear or high amended to add: mileage; "Personal Effects"Exclusion (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance,Health, effects"of any of the following: Accident or Disability Insurance a. Accounts,bills, currency,deeds, purchased with the loan or • evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor;and b. Bullion, gold,silver,platinum, or other (5) Carry-over balances from precious alloys or metals;furs or fur previous loans or leases garments;jewelry;watches;precious or semi-precious stones. c. Paintings,statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission NI. Aggregate Deductible (3) An"executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III—PHYSICAL DAMAGE COVERAGE Is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your Insurance manager;or "autos"involved in the same"loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III—PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: Any deductible will be reduced by the 5. Transfer of Rights of Recovery Y Y Against Others To Us percentage indicated below on the first "loss"reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another,those rights are Loss Free Policy Periods Deductible transferred to us.That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 0% do nothing after an"accident"or"loss" 2 25% to impair them. However,If the insured 3 50% has waived those rights to recover - • through a written contract,we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage"loss" during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a.of Item 5. Other Insurance of us, your deductible stated In the Paragraph B. General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS Is amended to read: any subsequent claims during the remainder a. This Insurance Is primary and of your policy period and your deductible reduction will revert back to 0%for each noncontributory,as respects any other such COVERAGE FORM if coverage is Insurance, if required in a written renewed. contract with you. O. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical Damage Subsection a.of Item 2. Duties In the Event Subpart b.of Item S..Other Insurance of of Accident,Claim,Suit or Loss of Paragraph B.General Conditions under Paragraph A.Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV--BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS Is amended to add: b. For Hired Auto Physical Damage However, prompt notice of the"accident", Coverage, the following are deemed claim,"suit"or"loss"to us or our to be covered"autos"you own: authorized representative only applies after the"accident", claim, "suit"or"loss"is (1) Any covered"auto°you lease, known to: hire,rent or borrow; and (1) You, If you are an individual; • • (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices,Inc. Page 4 of 5 Used with permission _ I (2) Any covered"auto"hired or rented by your "employee"under a contract in that individual "employee's"name, with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". S. Unintentional Failure To Disclose Hazards Paragraph B.General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects' means personal property owned by the"insured". "Downtime loss"means actual loss of 'business income"for the period of time that a covered"auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss"and 2. Is in the custody of a repair facility if not a total"loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred;and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or "personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy; and professional architectural, engineering or 2. Any other person or organization you are surveying services, including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1.above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications; or injury", "property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused, in whole or in part, by: engineering activities. a. Your acts or omissions;or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, if the the additional insured. "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused However, the insurance afforded to such the "personal and advertising injury", involved the additional insured described above: rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed; or CG 20 38 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 b. That portion of"your work" out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable Limits of Insurance shown in the same project. Declarations. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 38 04 13 POLICY NUMBER:WPP1381913 03 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s) Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the Insurance afforded to these Include as an additional Insured the person(s) or additional insureds, the following is added to organization(s) shown In the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and Included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown In the Declarations. 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured, CG 20 37 0413 Co Insurance Services Office, Inc.,2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CO 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 A A CUT ABOVE Li' p TREE SERVICE.INC. City of Ashland Bid for Work: Date: May 23, 2019 Project Name: Weed Abatement Bids Due: 9:00 am, Friday May 31, 2019 Requested By: Brian Hendrix/ Fire/ 541.482.2770 / 541.552.2246 / brian.hendrix @ashland.or.us Job Site Location: Various Locations in the City of Ashland Project Completion: To be Determined on each project site Scope of Services: Ashland Fire & Rescue is requesting proposals to provide abatement of weeds, dry grasses and/or blackberry on lots within the city limits which have not performed required abatement. Firm prices will need to be guaranteed through November 30, 2019. This contract may be extended for an additional term. May require the use of hand tools, powered tools, and/or mobile equipment and heavy equipment. Please visit www.ashland.or.us/weedabatement for specific abatement requirement descriptions not listed here. Abatement requirements for properties: Properties One Acre or smaller in size are required to cut and maintain weeds and grass to no more than 4 inches in height on the entire property and on abutting park rows, alleys and other right-of-way areas abutting the property. Properties Greater than One Acre in size are required to cut and maintain weeds and grass to no more than 4 inches in height on the property with the following minimum requirements: • Create a fire break buffer strip within 30 feet of structures • Create a 15 foot wide fire break buffer strip along the property line and around the entire lot. • Create a 15 foot wide fire break buffer strip along each side of access roads and driveways on, or leading to the property. • abatement on abutting park rows, alleys and other right-of-way areas abutting your property. Weeds and noxious vegetation on a property of any size are required to be removed within a minimum of 30 feet from any structures, including structures on adjacent properties. Minimum clearance distances shall be increased by 10 feet for each ten percent increase in the average slope of the property over ten percent. Hourly Rate for Weed Abatement Services: $300/hr portal to portal. 8 hr min. *depending on jobsite needs/requirements 3 person module will include either: 1 Type 6 Firetruck, 1 Cat Skidsteer Mower/Masticator and weedeaters/saws or 1 Type 6 Firetruck, 1 Chipper and weedeaters/saws 9ezetou'of,2, g69-yezt& Jasmine Borgatti, President A Cut Above Tree Service, Inc 530-643-2155 jborgatti@acatsinc.com 209 North Mt Shasta Blvd,Mt Shasta,CA 96067 (530)643-2155 www.acutabovetreesvc.com • CITY OF FORM #2 AS H LAN D INVITATION TO BID—TRADE SERVICES INTERMEDIATE PROCUREMENT Release date:May 22, 2019 Requested by(name/dept/telephone/fax/email): • Brian Hendrix/Fire/541.482.2770/541.552.2246/fax 541.488.5318 brian.hendrix(a,ashland.or.us Bids are due by(time/day/date): 9:00am, Friday, May 31,2019 Project name:Weed Abatement Job site location(name/address):Various locations in the City of Ashland Project completion required by(date):To be determined on each project site Bids may be faxed,emailed or hand delivered. Contractors shall submit bid on their company letterhead. Informal email bids and/or late bids will not be accepted.Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparing of bids. The successful contractor(s)will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability in the amount of$2 million,Automobile and Workers'Compensation. Workers' Compensation insurance is mandatory only if there are employees conducting the work. Subcontracting will not be permitted. SCOPE OF SERVICES Ashland Fire &Rescue is requesting proposals to provide abatement of weeds, dry grasses and/or blackberry on lots within the city limits which have not performed required abatement. Firm prices will need to be guaranteed through November 30, 2019. This contract may be extended for an additional term. May require the use of hand tools,powered tools, and/or mobile equipment and heavy equipment. Please visit www.ashland.or.us/weedabatement for specific abatement requirement descriptions not listed here. Abatement requirements for properties: Properties One Acre or smaller in size are required to cut and maintain weeds and grass to no more than 4 inches in height on the entire property and on abutting park rows, alleys and other right-of-way areas abutting the property. Properties Greater than One Acre in size are required to cut and maintain weeds and grass to no more than 4 inches in height on the property with the following minimum requirements: • Create a fire break buffer strip within 30 feet of structures • Create a 15 foot wide fire break buffer strip along the property line and around the entire lot. • Create a 15 foot wide fire break buffer strip along each side of access roads and driveways on, or leading to the property. Form 42—Intermediate Procurement,Invitation to Bid,Trade Services,Page 1 of 2,5/22/2019 In, • And abatement on abutting park rows, alleys and other right-of-way areas abutting your property. Weeds and noxious vegetation on a property of any size are required to be removed within a minimum of 30 feet from any structures, including structures on adjacent properties. Minimum clearance distances shall be increased by 10 feet for each ten percent increase in the average slope of the property over ten percent. On company letterhead,please provide an all-inclusive hourly rate to provide weed abatement services. Please provide a general list of services/equipment/personnel included in that rate. The ability to supply and staff a type 6 firetruck as part of the service is desirable but not necessary to secure a contract. Abatement dates,times and locations will be coordinated with the Weed Abatement Coordinator. Abatement will need to meet the current fire restrictions or obtain a waiver from the fire department. Due date and time for submitting quotes is 9:00 a.m.,Friday,May 31,2019.Late quotes will not be considered. If you have any questions and/or need additional information,please contact Brian Hendrix at 541-552-2246. Method of Award:ORS 279B.070 Intermediate Procurements. (4)If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise,product functionality,suitability for a particular purpose and contractor responsibility under ORS 279B.110. G:\fire\Weed Abatement\Contractors\Form#2-Invitation To Bid-General_2019.docx 2 Purchase Order ,IM Fiscal Year 2020 Page: 1 of: 1 B City of Ashland '' I L Accounts Payable 20 E. Main Purchase 20200026 L 20 E. Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Fire and Rescue Department E A CUT ABOVE TREE SERVICE INC I 455 Siskiyou Blvd N 209 NORTH MOUNT SHASTA BLVD p Ashland, OR 97520 O MT SHASTA, CA 96067 Phone: 541/482-2770 R T Fax: 541/488-5318 O Brian Hendrix 07/03/2019 4063 FOB ASHLAND OR/NET30 Cit Accounts Pa able Weed Abatement 1 Weed Abatement 1 $5,000.0000 $5,000.00 Goods and Services Agreement(less than $25,000.00) Completion date: 11/30/2019 Project Account: E-000210-999 GL SUMMARY 075100-610500 $5,000.00 By eXhiii. Date: -7 /31 Gf Authorized Signature FCoI= $5,000.00 FORM #3 CITY OF ASH LAN D REQUISITION 12. ° 014 / Date of request: —671-1142.01.9— Required date for delivery: ASAP Vendor Name A Cnt Ahnvp Tray Sprvina,Inc 1/` Address,City,State,Zip 209 North Mt Shasta Blvd,Mt Shasta,CA 96067 e.'I 6.-- Contact Name&Telephone Number Jasmine Borgatti,530-643-2155 2, Email address 530-926-3111 f L 1____?, / SOURCING METHOD 1t ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ® Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ® Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Weed Abatement $ Not to Exceed $5000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL COST $Not to Exceed Project Number_ 000210-999 Account Number 110-07-51-00-610500 $5000 Account Number - Account Number - `Expenditure must be charged to the appropriate account numbers for the financials fo 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,I certify that the Citv's public contracting requirements have been satisfied. /> Employe= ��' - Department Head: `.� qual to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) s- Funds appropriated for current fiscal year: YES / 0 �� 711112 t!� Finan Director-(Equal to or greater than$5,000) Date Comments: �` Form#3-Requisition