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HomeMy WebLinkAbout2022-027 PO 20220295- Don Hamann Inc u {_ 1 , rt—., Purchase Order R/411 Fiscal Year 2022 Page: 1 of: 1 • B City of Ashland ATTN: Accounts Payable L 20 E. Main Order#Purchase 20220295 Ashland, OR 97520 T Phone: 541/552-2010 J O Email: payable@ashland.or.us ✓ DON HAMH C/O.Fire and Rescue Department E PO BOX HAMANN INC 455 Siskiyou Blvd p Ashland; OR 97520 N 6568 OBENCHAIN RD Phone: 541/482-2770 OR BUTTE FALLS, OR 97522 O Fax: 541/488-5318 ALF Chris Chambers _ 03/29/2022 6809 FOB ASHLAND OR/NET30 City Accounts Pa able - 2 t-ja€T ® C-"— Remove dead and dying trees 1 Cut and remove dead and dying trees marked by the City on city- 1.0 $4,000.00 $4,000.00 owned land and private parcels. Goods and Services Agreement(Less than $25,000) Completion date: May 1, 2022 Project Account: ***************GL SUMMARY*************** 072900-604160 $4,000.00 . • FT- By: £11 / = _ Date: Authorizes Signature . � — z-- $4 000.00 I FORM #3 , ---- CITY OF • � � • ASHLAND A request for a Purchase D "/ i4 `6 • .. . REQUISITION . ici Nom,,_ '0312112022 - , Required date for delivery: 04/01/2022 Vendor Name Don Hammen,Inc Address,City,State,Zip PO box 198 Butte Falls,OR 97522 • Contact Name&Telephone Number Cory Hamann 541-821-6849 Email address . • cah5995@gmail.com ' SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency #13,Written findings and Authorization ❑ Reason for exemption: Date approved by Council: • ❑ Form ❑ AMC 2.50 __(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) Request for Proposal Cooperative Procurement © Small Procurement 0 State of Oregon Not exceeding$5,000 Date approved by Council: ❑ g Al Direct Award ( copy _Attach of council communication) Contract# Stat f ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ ConerofWashington Date approved by Council: _(Attach copy of council communication) ❑ Other government agency contract Sole Source Agency GOODS&IntermediateProcurement SERVICESSment ❑ Applicable Form #5,6,7 or 8) Contract# GOODS& ❑ pp ( Intergovernmental Agreement Greater than$5,000 and less than$100,000 ' 0 Written quote or proposal attached ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency I Date approved byCouncil: ❑ Annual cost to City does not exceed$25,000. PERSONAL SERVICES pp Date Agreement approved by Legal and approved/signed by Greater than$5,000 and less than$75,000 Valid until: CityAdministrator. 2.50.070(4) � ❑ Less than$35,000,by direct appointment ' 0 Special Procurement AnnualcostAMCMC $25,000, ❑ (3)Written proposals&solicitation attached ❑• Form#9,Request for Approval 0 royal ual cost toCityexceeds copyof 25,000council Councilcnication) ❑ Form#4,Personal Services$5K to$75K DatWritten quote or e approved by Council: attached pP (Attach Valid until: Date Description of SERVICES Total Cost , Cut and remove dead,and dying trees marked by the City on City-land and adjacent private parcels. , $ 4.1000 00; Item # Quantity Unit 'Description of MATERIALS Unit Price Total Cost I] Per attached quote/proposal TOTAL COST 4,,'000 Project Number _ _ _ Account Number e 7 2 9 0 0. s 0 4 1 6 0 ._ -,, .__ _ Account Number Account Number - . *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Chris Chambersgep" :7: °"—"°"'` • Employee: Department Head: (Equal to or g_eater than$5,000) Department Manager/Supervisor: City Manager: (Equal to or greater than$35,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(eraua►to or greator than S5,000) Date ' . Comments: . Form#3-Requisition • • • • GOODS AND SERVICES AGREEMENT (LESS THAN$25,000) PROVIDER: Don Hamann Inc. CITY O F • PROVIDER'S CONTACT: Cory Hamann ASHLAND, • 20 East Main Street ADDRESS: P.O.Box 198 • Ashland,Oregon 97520 Butte Falls, OR 97522 Telephone: 541/488-5587. 821-6849 Fax: 541/488-6006 PHONE. (541) . This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Don Hamann, Inc (a domestic/foreign business corporation) ("hereinafter"Provider"),for removal of dead and dying trees. 1. PROVIDER'S OBLIGATIONS 1.1 Provider will provide services to cut and remove dead and dying pine trees on City-owned and adjacent participating private parcels. Trees to be removed,will be designated by the City with tree paint. Properties designated for tree removal are shown on a map included 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 Page 1 of 5: Goods and Services Agreement between the City of Ashland and Don Hamann,Inc. ' I ' • 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. 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 federaland 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 $22,002.43 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 sum of$4,000 and to include the value of any logs removed from the project area as part of 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$5,000 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. J Page 2 of 5: Goods and Services Agreement between the City of Ashland and Don Hamann,Inc. • • 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. 1- 3.2 -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,paidleave, 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. 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 tb 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 Page 3 of 5: Goods and Services Agreement between the City of Ashland and Don Hamann,Inc. 1 / 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 representsand 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:" • Project Area Map with dedicated skid and haul routes • Crowson Pine Salvage Project Objectives and Specifications Document 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 May 1, 2022, 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: Page 4 of 5: Goods and Services Agreement between the City of Ashland and Don Hamann,Inc. • • If to the City: City of Ashland—Fire&Rescue Department Attn: Chris Chambers 455 Siskiyou Blvd • Ashland, Oregon 97520 Phone: (541) 552-2066 With a copy to: City of Ashland—Legal Department • 20 E.Main Street Ashland, OR 97520 - Phone: (541) 488-5350 If to Provider: • Don Hamann , P.O. Box 198 Butte Falls, OR 97522 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,throughoutthe 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 5: Goods and Services Agreement between the City of Ashland and Don Hamann,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: Don Hamann,Inc.(PROVIDER): By: , -44. ', tf� By: Signature , I Signature Ralph Sartain UJ ry am Printed Name ,l Printed Name Fire Chief tf Title Tit 2.28.2022E • A0 '4)-3" . Date Date -• (W-9 is to,be submitted with this signed Agreement) Purchase Order No. . • • • Page 6 of 5: Goods and Services Agreement between the City of Ashland and Don Hamann,Inc. ' Don Hamann INC. 6568 Obenchain Rd Butte Falls, OR. 97522 #93-1036142 "Project Proposal" 2.8.2022 Don Hamann Inc proposes to provide the following services for the City of Ashland on the Crowson property for the purpose of removing dead and dying pine trees: -Cut all trees marked by the City -Skid logs from the site following designated skid trails, minimizing damage to leave trees "'Remove logs from site -Rehab skid trails with water bars per City's specifications -Follow all applicable Taws, regulations, and codes -Don Hamann, Inc will serve as the operator and timber owner for the project for ODF tracking and timber revenue payments Balance due upon completion is $4000.00 Thank you, Cory Hamann C C.l t ' City of Ashland Specifications for Crowson Property Pine Salvage Project, March 2022 1. Contractor will follow all City designated skid trails. 2. All skid trails will have water bars installed upon completion of the skidding. Water bars shall be a maximum of 20 feet apart on slopes of over 20%. 3. Contractor shall cut only trees designated by the City with yellow marking paint. _ 4. Contractor shall use spotters when falling all trees in areas with trails and on roads for public safety. 5. Operating hours/must follow City noise ordinance and not start earlier than 7AM. 6. Contractor shall report any damage to infrastructure immediately to City staff. �F - I\ I :` V . . C3 \ . N- . 0 . . 1�9 1, • ::::. •.::i7-:,::;:;,'... --- ... ' _, -_, , . .',.,: ..''',',H, . .:. : .i . ..A is 1/./.--/ec::]*. ' • ,. - �,,.��nc�a• 4.11 -♦' . .• ��+....� • 111 OI •,� 0' . . 14 0. lior-s*.• , , , . .1-§ 7. 0, • . ::\)›.. . - ' . . .. ,C,../..,> ---------i • ♦i♦ r ♦O : • • _ ., . JJ` .-. _ Sq. .,iiir . , . ., ,..,... . ,. , •. ,,..„, . . • . 1, : , : . \•-, • .._: . . . ..„._..„ '0' . - -------------:" ---. •_ \\\ p -I • ' • , ,• • . . ),\\, , - ,. . .;,-,,. \ • D . , , . •,... t . .c:Ii • . ,. • _.•. i • . . Oil , ..a , . . . . . • `4.�S 3. • . • om ,f 111• , - r1 . 1 �I 11 t 11 f • I 0 ... ' , Legend . S *, Tree Removal Project Area ;• {7 Wildfire Access Roads .j Trails r Cl TaxlotsI ,,A ?' • '`: Structures • main.DBO.Street_P . • 1 e • DATE(MMIDDIYYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 02/28/2022 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). • CONTACT Sheri Hamilton • PRODUCER - NAME: ' PHONE (541)772-1111 Brown&Brown Northwest (A/C,No,Ext): A/C,No): 3256 Hillcrest Park Drive E-MAIL shamilton@bbnw.com ADDRESS: 'INSURER(S)AFFORDING COVERAGE 'NAIC t/ Medford OR 97504INSURERA: The Ohio Casualty Insurance Company 24074 INSURED • INSURER B: • Don Hamann IncINSURER C: •. PO BOX 198INSURER D: . INSURER E: • Butte Falls • OR 97522 • INSURER F: COVERAGES CERTIFICATE NUMBER: CL218213333 • 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 ADDL bUBR POLICY EFF POLICY EXP ,LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED '1,000,000 CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ • MED EXP(Any one person) _$ 15,000 — A Y Y BK061326643 08/01/2021 08/01/2022 PERSONAL BADV INJURY $ 1,000,000 GENf'LAGGREGATE LIMITAPPLIESPER: ., GENERALAGGREGATE $ 2,000,000 X POLICY n 7p8,-- n LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Property damage-single $ AUTOMOBILE LIABILITYEefelBcideDtSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BA061326643., 08/01/2021 08/01/2022 BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS HIRED NON-OWNEDPROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY • (Per accident• ) BACEE $ X UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB X CLAIMS-MADE ES061326643 08/01/2021 08/01/2022 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 ' $ WORKERS COMPENSATIONSTA UTE ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A . E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? • (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ . DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) . The City of Ashland Oregon its officers,agents and employees are additional insureds per endorsement CG 8579 05/05(attached),where required by • . written contract. This form is subject to policy terms,conditions,and exclusions. • CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE"ABOVE DESCRIBED POLICIES BE.CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN , City of Ashland • ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street . AUTHORIZED REPRESENTATIVE • _ . Ashland OR 97520 )}llta. . . I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description ! - Coverage Code Form No. Edition Date Package Modification Factor 1 - , PKG01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Schedule Mod Factor 1 SCH01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium I Ref#. Description , Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 • . Limit 1 Limit 2 • Limit 3 Deductible Amount Deductible Type Premium Ref# Description _ Coverage Code Form No. Edition Date Expense Mod Factor 1 EXN01 •. Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium , Ref# Description Coverage Code Form No. Edition Date Uninsured motorist combined single limit UMCSL Limit 1 . Limit 2 : Limit 3 Deductible Amount Deductible Type' Premium 1,000,000 • - Ref# Description ', Coverage Code Form No. Edition Date } Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type .Premium Ref# Description Coverage Code Form No. Edition Date ' Limit 1 Limit 2 Limit,3 Deductible Amount - Deductible Type• Premium 1 1 Ref# Description ' Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium • Ref# Description Coverage Code Form No. Edition Date J Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No: Edition Date • Limit 1 Limit 2 Limit 3 Deductible Amount ' Deductible Type Premium • Ref# Description I Coverage Code Form No.. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premiurm OFADTLCV Copyright 2001,AMS Services,Inc. • C19-13-92-25 COMMERCIAL GENERAL LIABILITY 08/01/14 NN NG I CG 8579 05 05 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER-PAK PLUS® FOR CONSTRUCTION (OREGON) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • INDEX • Subject Pane Blanket Additional Insured(Owners, Lessees.or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3 Non-Owned Watercraft • 4 Supplementary Payments(Bail Bonds) i 4 Personal And Advertising Injury- Electronic Publication Extension 5 Aggregate Limits(Per Location) 5 Aggregate Limits(Per Project) • 5 N Voluntary Property Damage Coverage 6 Off Premises Care,Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence,Offense, Claim or Suit 7 Bodily Injury(Mental Anguish) • 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 • Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage-Elevators 9 • •CG 8579 05 05 Includes copyrighted material of ISO Properties,inc.,with its permission. Page 1 of 9 E 587 00 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II-Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal and advertising injury." A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability caused by your negligence and: 1. Arising out of real property,as described in a written contract or written agreement,that you. own, rent, lease or occupy;or 2. Caused by your ongoing,operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A Bodily Injury and Property Damage Liability, Coverage B-"Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional 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; and (2) Supervisory, inspection, architectural or engineering activities. b: "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment fumisaed in connection with such work, on the project(other than service, maintenance or repairs)that was performed by or on behalf of the additional insured(s)at the site where the covered operations have 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 part of the same project. B. 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. C. The insurance provided the additional insured does not apply to the liability resulting from the negligence of the additional insured. • CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 J E 588 DO • D. As respects the coverage provided to the additional insured under this endorsement, Section IV- • Conditions is amended as follows: 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. 2. The following is added to Condition 3.Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contractor 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. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess,contingent or an any other basis. In the event an additional insured has other coverage available for an"occurrence" by virtue of also being an additional insured on other policies,this insurance is excess over those other policies. 2. FIRE,LIGHTNING,EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I-Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n.do • not apply to damage by fire, lightning,"explosion"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. B. Paragraph 8.of Section III-Limits Of Insurance is replaced by the following:. ° 6. Subject to 5. above,the higher of$300,000 or the Damage To Premises Rented To You Limit • shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because.of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. • • r CG 8579 05 05 includes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9• E sae oo ) . C. Paragraph b.(1)(b)of Condition 4.Other Insurance(Section IV—Conditions)is replaced by the following. (1). That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the_ definition of Insured contract'in Section V-Definitions is replaced by the following: • • 9. 'Insured contract"means: • a. A contract for the lease of premises. However,that portion of the contract for a lease,of • premises that indemnifies any person or organization for damages by fire,lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the'owner is not an 'Insured contract"; E. The following definition is added to Section V Definitions: "Explosion"means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1 1.' Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; • 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers,steam pipes,steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. - 3. 'NON-OWNED WATERCRAFT - . •. Subparagraph g.(2).of Paragraph 2.,Exclusions of Section 1-Coverage A is replaced by 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; 4. SUPPLEMENTARY PAYMENTS. In the Supplementary Payments-Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from$250 to$1000. • • CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 - E58000 5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC,PUBLICATION EXTENSION Paragraphs 14.b.,d.and e. of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral,written,televised,videotaped or electronic publication of material that slanders or libels a person or organizationor disparages a person's or organization's goods, products or services; e. Oral,written,ttelevised,videotaped or electronic publication of material that violates a person's right • of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury"of Section V-Definitions: h. Discrimination or humiliation that results in injury tothe feelings or reputation of a natural person, but only if such discrimination or humiliation is: • (1) Not done intentionally by or at the direction of: (a) An insured;or • (b) Any"executive officer'director,stockholder, partner or member of the insured; and (2) No1directly or indirectly related to the employment, prospective employment or termination of • employment of any person or persons by any insured. Subparagraphs b.and c. of 2.; Exclusions of Section I-Coverage B Personal And Advertising Injury Liability are replaced by the following: . b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising.out of oral, written,televised,videotaped or electronic publication of material,if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Petiiid "Personal and advertising injury"arising out of oral,written,televised,videotaped or electronic publication of material whose first publication took place before the beginningof the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. "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. 7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT) The General Aggregate Limit under Section lii Limits Of Insurance applies separately to each of your projects away from premises owned by or rentedto you. • CG 8579 05 05 . Includes copyrighted material of ISO Properties,Inc.,with its permission. • Page 6 of 9 EMI 00 • 8, VOLUNTARY PROPERTY DAMAGE COVERAGE At your request,we will pay for"loss"to property of others caused by your business operations. The most we\will pay for this coverage is$500 each "occurrence." The"loss"must occur during the policy period. The"occurrence"must Jake place in the"coverage territory". "Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or • theft. This coverage does not apply to: , 1. Damage arising out of the use of any"auto"; 2. Property you own,occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this,deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A, We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others.while in your or your"employees" care,custody or control or • real property of others over which you or your"employees"are exercising physical control if the "property damage"arises out of your business operations.This Coverage is subject to sections B., C.,D. and E. below. B. Exclusions • This insurance shall not apply to: 1. "Property damage"of property at premises owned, rented, leased, operated or used by you; • 2. "Property damage"of property while in transit; 3. The cost of repairing or replacing: • ' (a) Any of your work defectively or incorrectly done by you or by others on your behalf;or • (b) Any product manufactured,sold or supplied by you, unless the"property damage" is caused • directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage"of property caused by or arising out of the"products-completed • operations hazard". C. Limits Of Insurance-The most we will pay for"property damage" under this Section 9. is$25,000 for each"occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage"is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any • other limits provided in the policy or endorsements attached to it. D. Deductible-We will not pay for"property damage"in any one"occurrence"until the amount of • "property damage"exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible,that deductible shall apply if it is greater than $250. E. In the event of"property damage"covered by this endorsement,you shall, if requested by us, replace the property or furnish the labor and Materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 592 00 • • 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II-Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership , interest exceeding fifty percent.Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: • a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before the entity was acquiredor incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named insured. B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s)attached to it. • 11.DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE, CLAIM OR SUIT A. The,requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an"occurrence"applies only when the"occurrence".is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; i 5. A trustee, if you are a trust;or • . 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b.that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit"is known to: 1. You,if you are an individual; 2. A partner, if you are a.partnership; . 3. A member or manager if you are a limited liability company; • 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust;or 6. A designee, if you are any other type of organization. • • Knowledge of an "occurrence,"claim or"suit" by the agent,servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent,servant or"employee". 12. BODILY INJURY Paragraph 3.of the definition of"bodily injury"in the Section V-Definitions,is replaced by the following: 3. "Bodily injury" means bodily injury,sickness or disease sustained by a person, including mental • anguish or death resulting from any of these at any time. • CG 8679 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 E 593 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section II-Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses,emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT • _ Paragraph 12.f.(1)of Section V-Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3.of Section V-Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness,disease or"incidental medical malpractice"sustained by a person;including mental anguish or death resulting from any of these at any time. The following is added to Section V-Definitions: 23. "Incidental medical'malpractice"means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse;emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition: • 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g.of 2., Exclusions of Section 1-Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew,that is hired, chartered or loaned but is not owned by any insured. • CG 8579 05 05 • Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 594 00 • P • 19.PROPERTY DAMAGE-'ELEVATORS The following is added to Subparagraph j.of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: Paragraphs(3)and (4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. • • • • • • • • . CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with Its permission. Page 9 of 9 E59500 • • • C21-13:4-92-25 COMMERCIAL GENERAL LIABILITY DON *HAMANN INC 08/01/16 S LGL 4051.03 06 • • • • THIS'ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. LOGGERS BRAD PROPERTY DAMAGE LIABILITY - • • This endorsement modifies insurance provided underthe following:. • COMIVIERCIAL GENERAL LIABILITY COVERAGE PART' With.respectle"Logging Operations"performed by you or'on your behalf,the fellowingapplies: • A. Wowill Pqr• 1.. 'Those sums that you become,legally obligated to pay for fire fighting expenses incurred by.others fOr • which you are legally liable. °Such expense must have been.incurred because of fire directly connected . with"logging operations"performed by you or on your behalf.. • The most we will pay-for fire fighting expenses:is the lesser of the amount'required by contract, or the limits of liability., less any.deductible applicable to.'"propertydamage". The"property damage"limits of insurance, and any apPlicable aggregate limits of insurance also apply to this Oeverage. • . 2. For"property damage"to timberlandsr standing timber and felled or bucked limber. This provision does not apply:if.you own the timberland. or if the timber is being transported: To the extent coverage is provided by this.endorsementi,.E.xolueiOn 2.j.,paragraphs(4)and(5)do not apply. 3. For "property damage" to automploiles and failread Cars.not owned by you if'the"property damage"' occurs as.a direct result of loading and unloading" performed-by..you or on your behalf. To the extent coverage Is.proVided by this endorsehient, Exclusiort.2.j.., paragraphs(4) and-(5)do hot apply. B.' The f011owing exclusion is added,to the-Exclusions in Section I Bodily Injury and .PrOperty Damage Liability! • This insurance does not apply fp.darnages due'to fire or fire suppression if the fire results from Waling of slash or logging operations" conducted at a.time prohibited or not approved by•the.proper state or federal Officials. C. The following is added to.Definitions(Section V): "Logging operations" means legging, logging refirciads, log hauling, log road building, sawmills, maintenance of campsite k woodworking ownership:or management of timberlands, • • • • • • • • • • • • • • • • • LGL 4051 03 06 • C.501 02 • • ' www.saif.com ' Work. Life. Oregon. Oregon Workers' Compensation • Certificate of Insurance • Certificate holder: • ASHLAND FIRE AND RESCUE • 455 SISKIYOU BLVD ' ASHLAND,OR 97520 • The policy of insurance listed below has been issued to the insured_named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Don Hamann Inc A 0 L Services Inc PO Box 198 Aol Services Inc Butte Falls,Or 97522-0198 503.364.1330 dboyd@oregonloggers.org Issued 02/28/2022 Limits of liability Policy 439372 Bodily Injury by Accident . $500,000 each accident Period 07/01/2021 to 07/01/2022 Bodily Injury by Disease • $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. • Authorized representative eAt-• e Chip Terhune President and CEO • • 7 400 High Street SE Salem,0R 97312 P:800.285.8525 Policy_OLCA_CertificateOflnsurance F:503.584.9812