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HomeMy WebLinkAbout2023-018 PO 20230260- Brierville Fire & Forestry Inc . Purchase Order CIT � .sem . RECORDER • Fiscal Year 2023 Page: 1 of: 1 BE a sR B Cityof Ashland L ATN: Accounts Payable20 E. Main Purchase L Ashland, OR 97520 Order# 20230260 T Phone: 541/552-2010 O. Email: payable@ashland.or.us V H C/O Facilities Maintenance Div E BRIERVILLE FIRE & FORESTRY INC I 90 North Mountain Ave N 3320 OLD HWY 99 p Ashland, OR 97520 ASHLAND, OR 97520 Phone: 541/488-5358 R T Fax: 541/552-2304 (541) 821-0767 _ _ Wes Hoadley ate— Sf adi F€�Dfl [If1 liii = 8 e-iiiipi= s a mit.... a[ _ sz _ a—_ .'-€?ysi 03/13/2023 1472 FOB ASHLAND OR/NET30 Cit Accounts Payable Excavation &Tree Work 1 Forestry, excavation and tree work for FY 2023 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or Less) Completion date: June 30, 2023 Project Account: *************** GL SUMMARY*************** • 088400-602400 $5,000.00 F By: A / Date: ( Authorized S • Ti'ure ` F= '.5 000.00 FORM #3 CITY OF A request for a Purchase Order . ASHLAND REQUISITION � �ateof request: 10/17/2022 Required date for delivery: Vendor Name Brierville Fire&Forestry Inc. , Address,City,State,Zip 3320 Old Highway 99 South,Ashland, OR 97520 Contact Name&Telephone Number Michael Hansen 541-821-0767 briervillefinance(@gmail.com • Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval•required,attach copy of.CC) ® Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate'Procurement 0 Sole Source . Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000_ 0 Written quote or proposal attached Intergovernmental Agreement O (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 ,Annual cost to City does not exceed$25,000. • Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: / Valid until: (Date) • . Description of SERVICES Total Cost • Forestry, excavation and tree work for FY23 $'5,000.00 Item # Quantity Unit Description of MATERIALS . ' Unit Price Total Cost 1 ,. $0 $0.00 ,$0 $0.00 $0 $0.00 ❑ Per attached quotelproposal / TOTAL COST Project Number: • -_ _ _ Account Number: 088400-602400 $$0:00 *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 requis'ion orm,Ice fy that the City's public contracting requirements have been satisfied. . . 'Employee: Department Head. 3."1,20 (Equal to or greater than$5,000) Department Manager/Supervisor: City M nager: /> (Greater than$31),/3 —5 Funds appropriated for current fiscal year.•'YE O J \�/ ina ce Director-(Equal to or greater than$5,000) Dae/ Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) • PROVIDER: Brierville Fire &Forestry Inc. CITY OF PROVIDER'S �S H LAN D CONTACT: Richard Parker 20 East Main Street Ashland,Oregon 97520 ADDRESS: 3320 Old Highway 99 South Telephone: 541/488-5587 Ashland, OR 97520 Fax: 541/488-6006 PHONE: 541-821-0767 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City and Brierville Fire & Forestry Inc., (a domestic/foreign business corporation) ("hereinafter"Provider"), for forestry services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide forestry services for FY23 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: Goods and Services Agreement between the City of Ashland and Brierville Fire&Forestry 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 $22,310.46 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: 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider 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 the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS . 2.1 City shall pay Provider the hourly rates effective 10/4/2022 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$5,000 (this is maximum, not to exceed amount of ENTIRE Agreement) 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. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Brierville Fire&Forestry Inc. 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 ofal. 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, 279B.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. Page 3 of 6: Goods and Services Agreement between the City of Ashland and Brierville Fire&Forestry Inc. • 4. SUPPORTING DOCUMENTS 4.1 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 Provider's complete written Rate Sheet dated October 4, 2022. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. ' 5. REMEDIES • 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 June 30, 2023, 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: 1 Page 4 of 6: Goods and Services Agreement between the City'of Ashland and Brierville Fire&Forestry.Inc. City of Ashland—Fleet Maintenance Department Attn: Wes Hoadley 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2355 With a copy to: - City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Brierville Fire&Forestry Inc. Attn: Richard Parker • 541-821-0767 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. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Brierville Fire&Forestry Inc. 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. CITY OF ASHLAND: Brierville Fire&Forestry Inc. (PROVIDER): By: .4/I By: taA..d PG cA, • �, .� Signature - Scorn u_Q`, Richard Parker Printed Name Printed Name of vcc_rrsL Owner Title Title 20z- Oct 13, 2022 Date Date (W-9 is to be submitted with this signed Agreement) • Purchase Order No. 6 67 i Page 6 of 6: Goods and Services Agreement between the City of Ashland and Brierville Fire&Forestry Inc. • Brierville Fire & Forestry • POBox 310 Ashland, OR, 97520 BRIERVILLE EIRE briervillefinance@gmail.com • Service • Additional Info Price per hour Excavator/Skidsteer $160.00 Dump Truck 5 Yarder $100.00 Dump Truck 10 Yarder $120.00 Dozer $150.00 General Labor $38.00 • Skilled Labor With power tools $60.00 Fire Trucks Type 6 Wildland $150.00 Water Tenders $150.00 • *Pricing as of October 4, 2022. • Client#: 184734 BRIEFIRE YY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 08/04/2022.DATE(MMIDD/YY!DDJYY 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 any rights'to the certificate holder in lieu of such endorsement(s). PRODUCER • CONTACT Marcia Hawkins Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): (A/C,No): ADDRE 2045 Cardinal Avenue;Suite 300 E-MAILSS: marcia.hawkins@propelinsurance.com ro elinsurance.com • COM Middle Market INSURER(S)AFFORDING COVERAGE NAIC#_ Medford,OR 97504-9746INSURER A:The Ohio Casualty Insurance Company 24074 INSURED INSURER B:SAIFNCorporation 36196 Brierville Fire&Forestry,Inc. INSURER c:Artisan and Truckers Casualty Company 10194 POBox 310 - - Ashland,OR 97520 INSURER D: ___ _.,. INSURER - INSURER E INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: • . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN•MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLISUBR I POLICY EFF POLICY EXP LIMITS • INSR WVD POLICY NUMBER ,(MMIDD/YYYY) (MMIDD/YYYY) . A X.COMMERCIAL GENERAL LIABILITY , BK02363477054 06/30/2022 06/30/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR . PREMISES(Ea occur ence) $1,000,000 X PD Ded$500 MED EXP(Any one person) $10,000 _ X LBFPD PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ECT LOC . PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 07814616 06/30/2022 06/30/2023 COMaacBcident)INED SINGLE LIMIT $1�000,000 (E _ ANY AUTO BODILY INJURY(Per person). $ OWNED AUTOS ONLY X SACHEDULED • BODILY INJURY(Per accident) $ _ AUTOS AUTOS ONLY _ AUTOS ONLY (Per NON-OWNED • eaccident)DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ B WORKERS COMPENSATION 100048268 08/01/2022 08/01/2023 X STATUTE ER . AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (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. • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate Holder is Additional Insured as required by written contract per the attached endorsement. • • CERTIFICATE HOLDER . '_. CANCELLATION - Cityof Ashland,its officers, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN agents&employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland,OR 97520 AUT�HORIIZZEDDRREPRESENTATIVE • I . 1 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD . #S5370962/M5370953 LAHOO • PROGREITIVE® PROPEL INSURANCE COMMERCIAL PO BOX 936 • MEDFORD,OR 97501 1-541-245-1111 • Policy'number; 07814616 Underwritten by: Artisan and Truckers Casualty Co NAIC Number:10194 October 13,2022 Page 1 of 2 • Certificate of Insurance . . Certificate Holder Additional Insured THE CITY OF ASHLAND • 20EMain St •• Ashland, OR 97520 • Insured Agent BRIERVILLE FIRE&FORESTRY INC PROPEL INSURANCE PO BOX 310 - PO•BOX 936 ASHLAND,OR 97520 MEDFORD,OR 97501 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated.This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below.The- coverages hecoverages afforded by the policies listed below are subject toall the terms, exclusions, limitations, endorsements,and conditions of these policies. Liability coverage may not apply to all scheduled vehicles. Policy Effective Date: Jun 30,2022 Policy Expiration Date: Jun 30, 2023 • Insurance.coverage(s) Limits Bodily Injury/Property Damage $1,000,000 Combined Single Limit Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit Blanket Additional Insured • Blanket Waiver of Subrogation • Description of Location/Vehicles/Special Items Scheduled autos only 1989 KW W90 2XKWDB9XOKM527105 Medical Payments $5,000 1984 ORET Trailer CA400497 1994 KW W90 1 XKWD69X3RS621823 • • Medical Payments $5,000 • 1978 Fruehauf Trailer 126780188 • 1994 KW T40 1XKBA77X4RR624012' Medical Payments • $5,000 2008 FORD F450 1FTXW43R78EA42596 • Comprehensive $500 Ded • Personal Injury Protection $25,000 Collision $500 Ded Continued • • Policy number: 07814616 BRIERVILLE FIRE&FORESTRY INC Page2of2 • 2019 CHEVROLET 3500 1GB4KVCY8KF219044 Stated Amount $58,900 Comprehensive $500 Ded Personal Injury Protection $25,000 Collision • $500 Ded 2008 FORD F450 1FTXW43R08EA77321 • Comprehensive $500 Ded Personal Injury Protection $25,000 Collision $500 Ded 2000 FORD F250 1 FTNX21 F2YEC92023 • Personal Injury Protection $25,000 2000 FORD F250 1 FTNX21 F0YEB69952 Personal Injury Protection $25,000 1999 FORD F450 1 FDXW47FOXEC77545 Medical Payments. $5,000 2000 KENWORTH CONSTRUCTION 1 NKWL00X9YS848343 Stated Amount $15,000 Uninsured Motorist Property Damage " $20,000 w/$200 Ded($300 if Hit&Run) Medical Payments $5,000 Comprehensive $500 Ded • • Collision • $500 Ded 1990 FORD F800 1FDXK84A5LVA02016 Medical Payments $5,000 • 2008 DODGE RAM 4500 3D6WD68A58G174176 Stated Amount $35,000 Medical Payments $5,000 Comprehensive . $500 Ded Collision • $500 Ded 2002 CHEVROLET SILVERADO 1 GBJK391 X2F142503 • Personal Injury Protection $25,000 . Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. • Form 5241(05/16) COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART . INDEX - SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT,EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES • 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE • 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG:88 10 0413 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 • With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, • exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; • 2. It is hired, chartered or loaned with.a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It isnot being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply if there is available to the insured other valid and ' collectible insurance,whether primary, excess(other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does.not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a_charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability,Subparagraphs(3), (4)and (6)of exclusion j. Damage To Property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions,Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily injury and Property Damage Liability: • a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: • Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage,as described in Section III—Limits of • Insurance. • ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. , Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you;or • (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: • • d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT • 1. Paragraph 2. under Section Il—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8 • b. Premises or facilities rented by you or used by you; or . c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury" or"property damage" included within the •"completed operations hazard". . (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: 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. However: • 1. The insurance afforded to such additional insured only applies todlhe extent permitted by law; and 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. With respect to Paragraph 1.a.above, a person's or organization's status as an additional insured under this endorsement ends when: • (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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contractor written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of-a"suit" by the additional insured as required•in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense,Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty•Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. c. "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: • (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury"., involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "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 ihsured(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 fora principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits Of Insurance: • If coverage provided to the additional insured is requiredby a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION • This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and • you have.agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When•a written contract or written agreement, other than a premises lease, facilities rental . contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political.subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named.Insured. • Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" • This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense,Claim or Suit: An additional insured under this endorsement will as soon as practicable: -a. Give written notice of an"occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and • c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured.• 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES • Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury"or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture),to your members (if you are a limited liability company),to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; • (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker"as a • consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repaysomeone else who must pay • damages because of the injury described in Paragraphs (1) (a)or(b)above; or (d) Arising'out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing,professional health care services is not otherwise excluded by separate endorsement, this provision(Paragraph (d))does not apply. • ©2013 Liberty Mutual Insurance CG 88.10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 Paragraphs(a)and (b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you, includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or"personal and advertising injury" arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". • K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES • Paragraph 3.of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as 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 expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. • d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES • Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: • • Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences"is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense, Claim Or Suit: • Knowledge of an"occurrence", offense, claim or"suit" by an agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of • Section II—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. • O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. • "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. • ©2013 Liberty Mutual Insurance • CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,,with its permission. • Page 7 of 8 • • P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE.LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV— Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:• We waive any right of recovery we may have against a person or organization 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"provided: 1. You and that person or organization haveagreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. • • • • •• • • • • • • • ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services•Office,Inc.,with its permission. Page 8 of 8 \\ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 86 02 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOGGING OPERATIONS BROAD FORM PROPERTY • DAMAGE This endorsement modifies, insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to "logging or mill operations" conducted by you or on your behalf, or operations incidental thereto, the following applies: , 1. Fire Fighting Expense We will pay any firefighting- expense incurred by others .for which you are legally liable. Such expense must be incurred due 'to fire resulting from an "occurrence" directly connected with "logging or mill operations" conducted by you or on your behalf. The limits of insurance or any deductible applicable to "property damage" applies to this coverage. This provision shall not operate to increase the limit of our liability. 2. Vehicles And Timber Exclusions j. (4) and j. (5) of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage' Liability do not apply to: a. "Property damage" to trucks, trailers or railroad cars not owned by you if the damage occurs during the process of "loading and unloading" in your "logging or mill operations"; b. "Property damage" to' timber lands, standing timber and felled or bucked timber. 3. Additional Exclusions The insurance provided by this endorsement does not apply to: a. Personal property in your possession for sale, storage, processing, safekeeping or repair; b. Any "property damage" to vehicles used in "logging or mill operations" when being loaded or unloaded by a person other than you or your employees. 4. Deductible a. Subject to the policy's Each Occurrence Limit, for "property damage" liability under Section 1 - Coverage A - Bodily Injury And Property Damage Liability, our obligation to pay damages on your behalf applies only to the amount of damages -in excess of $500 each "occurrence". The limit of insurance applicable to each "occurrence" for "property damage" coverage will be reduced by the amount of such deductible. "Aggregate" limits for such coverage shall not be reduced by the application of such' deductible amount. b. The deductible applies to all damages to which this insurance applies because of "property damage" as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". • r . CG 86 02 06 19 © 2019 Liberty Mutual Insurance . Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. c. We may pay.any,part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. • d. The terms of the insurance apply irrespective of the application of the deductible amount. 5. Warranties You warrant that: a. Slash shall be burned only at such times and under such conditions as the proper State or Federal officials may approve, direct or provide; b. All felling and bucking of timber, the operation of logging equipment and the loading and unloading of logs shall be completely suspended when such suspensions are directed by the proper State or Federal officials. A breach of the above warranties shall render the insurance afforded hereunder null and void for the period of the breach, unless such breach is beyond your control. 6. Definitions: For the purposes .of the coverage provided by this endorsement only, the following definitions are added to Section V - Definitions: a. "Logging or mill operations" means all operations associated with felling and bucking of timber • and production of lumber, including: (1) "Loading and unloading"; (2) Building ormaintenance of logging roads or logging railroads; (3) Maintenance of logging campsites; (4) Management, ownership or restoration of timberland; • (5) Operation of saw mills or planing mills; (6) Operations or work incidental to that described above if such operations are conducted by or on your behalf. • • CG 86 02 06 19 © 2019 Liberty Mutual Insurance Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.