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HomeMy WebLinkAbout2022-048 PO 20230041- Overhead Door, Hannon Enterprises Inc • WelPurchase Order DIY Fiscal Year 2023 Page: 1 of: 1 B 3i�atF� �il . � c61� �aS City of Ashland r �_. T I ATTN: Accounts Payable20 E. MPurchase +' L Ashla da�n OR 97520 Order# 20230041 T Phone: 541/552-2010 0 Email: payable@ashland:or.us V H C/O Facilities Maintenance Div E OVERHEAD DOOR, HANNON ENTERPRISES, INC l 90 North Mountain Ave N PO BOX 8193 p Ashland, OR 97520 MEDFORD, OR 97504 Phone: 541/488-5358 R T Fax: 541/552-2304 tQV = a al @jeje$113_= -r David Arnold r — -Ya 06/13/2022 161 FOB ASHLAND R CityAccounts Payable MOW ` � � z�E= = = = z = burte= trfdce= Overhead Door Repairs FY 23 • • 1. Overhead doors repairs and services FY 23 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or Less) Completion date: 06/30/2023 _ Project Account: • ****.k**********GL SUMMARY*************** 088400-602400 $5,000.00 d B 41 A4(11-,77---- Aut Date: _ - = '•5 000.00 " onzed Signature a. ®�, e� =��_ FORM #3 ' CITY OF 6---' fq ASHLAND A request for Purchase Order Q �, ' REQUISITION Date of request: • 4/28/2022 Required date,for delivery: ' • Vendor Name ' Overhead Door, Hannon Enterprises, Inc. Address,City,State,Zip 2110 West Stewart Avenue, Medford, OR 97501 Contact Name&Telephone Number Maureen Hannon 541-858-1637 maureen@odcrv.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 councilapproval required,attach copy of CC) ® Small Procurement 0 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# O Verbal/Written quote(s)or proposal(s) - '❑ Request for Qualifications(Public Works) 0 State of Washington . Date approved by Council: Contract# . _(Attach copy of council communication) 0 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 ❑ (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 . ❑ Less than$35,000,by direct appointment 0 Special Procurement . City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached 0 Form#9,Request for Approval . 0 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 Service and repair overhead doors 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 O Per attached quotelproposal . TOTAL COST Project Number: -_ _ _ Account Number: 088400-602400 $$0.60 *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''.• • m,I certify that the 'y's pub' contracting requirements have been satisfied.' _AILDepartment Head: Sl I�2Z to or greater than$5,000) Department Manager/Supervisor: City Manager: 1 i (Greater than$35,OQJ) Funds appropriated for current fiscal year/ NO i%X ,1 f/?—.�(Z - Fin Ince Cr-- ; ••• o or greater than$5,000) Date Comments: . Form#3-Requisition __ . GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Overhead Door,Hannon Enterprises, Inc. CITY OF PROVIDER'S • ASH LAND CONTACT: Maureen Hannon 20 East Main Street • Ashland,Oregon 97520 ADDRESS: 21.10 West Stewart Avenue Telephone: 541/488-5587 ; Medford,OR 97501 Fax: 541/488-6006 PHONE: 541-858-1637 • • This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation'(hereinafter"City")and Overhead Door,Hannon Enterprises,Inc.,(a • domestic/foreign business corporation)("hereinafter"Provider"),for service and repair of overhead doors. 1., PROVIDER'S OBLIGATIONS 1.1 ProVide service and repair of overhead doors 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 • Page 1 of 6: Goods and Services Agreement between the City of Ashland and Overhead Door,Hannon Enterprises,Inc. • 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 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 $22,310A6 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 4/15/22 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 Overhead Door,Hannon Enterprises,Inc: • 3.2. Provider is an independent contractor and not an employee or agent of the City for any purpose. 33 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability • insurance,paid leave;and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. • 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. 33 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 c 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 attic 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). Page 3 of 6: Goods and Services Agreement between the City of Ashland and Overhead Door,Hannon Enterprises,Inc. 3.13 Provider represents 'and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 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 April 15,2022. 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; 5.1.3Initiation 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 ANI)TERMINATION 6.1 Term r l 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 orpermitted to be given under this Agreement, such notice shall be given in writingto the other party by personal delivery, by sending via a reputable commercial overnight courier, or Page 4 of 6: Goods and Services Agreement between the City of Ashland and Overhead Door,Hannon Enterprises,.Inc. • by mailing using registered or certified United.States mail, return receipt requested,postage prepaid, to the •address set forth below: If to the City: - City of Ashland—Facilities Maintenance Department -- Attn: David Arnold 20 E.Main Street Ashland,Oregon 97520 - Phone:(541)552-2292 • With a copy to: • City of Ashland—Legal Department 20 E.Main,Street • Ashland,OR 97520 • ; •.- Phcme:(541)488-5350 • • If to ProVider: Overhead Door,Hannon Enterprises,Inc. Attn:Maureen Hannon • 541-858-1637 • • 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,fora 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 Overhead Door,Hannon Enterprises,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: Overhead Door,Hannon Enterprises,Inc.(PROVIDER): By: S Signature Printed Name Printed Name w c. Lixtstzs Ot z-acttl; Title Title Date Date (W-9is to be submitted with this signed Agreement) Purchase Order No. ' /' • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Overhead Door,Hannon Enterprises,Inc. The Genuine. The Original. • ( ��giIEAD D00 OVERHEAD DOOR COMPANY OF ROGUE VALLEY P.O.BOX 8193,MEDFORD,OR 97501 To: Nicole Graham From: Maureen Hannon • Re: Commercial Hourly Rates Date: April 15, 2022 Here is the breakdown of hourly rates for repair service and maintenance at local commercial properties: Standard Hourly Rate: $125.00 per hour 2 Man Team: $187.50 per hour Overtime: $187.50 per hour(per man) Holiday/Late Night: $250.00 per hour Preventive Maintenance: $125.00 per hour Experience. has proven that periodic preventive maintenance and careful inspectioncan reduce both downtime and repair expenses, while extending useful life and operating efficiency. • • 2110 W.Stewart Ave.,Medford,OR 97501 Phone: (541) 8584637 Fax: (541) 779-5150 Division of Hannon Enterprises,Inc.CCB#52579 1 ® a DATE(MM/DD/YYYY) A`�o • CERTIFICATE OF LIABILITY INSURANCE 04/26/2022 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). PRODUCER - CONTACT Dena Leong • NAME: Redwoods Leavitt Insurance Agency (AM, Ext): (855)285-5690 ;AAX No): (541)479-2669, •700 E Main Street,Suite 101E-MAIL dena-leong@leavitt.com ADDRESS: )INSURER(S)AFFORDING COVERAGE _ NAIC# Medford OR 97504INSURERA: Midwest Family.Mutual Insurance Company 23574 INSURED INSURER B: SAIF Corporation 36196 Hannon Enterprises Inc,DBA:Overhead Door Co.of the Rogue Valley INSURER C: DBA Overhead Door Co.of the Rogue Valley INSURER D: _ PO Box 8193 INSURER E: • Medford • OR 97501 INSURER F: • COVERAGES CERTIFICATE NUMBER: 22-23 • 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 ADDLSUBR POLICY EFF POLICY EXP LTR • TYPE OF INSURANCE. INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 ' DAMAGE TO RENTED 500,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y Y CPOR0560121972 04/29/2022 04/29/2023PERSONAL&ADV INJURY $ 1,000,000 • GEN'LAGGREGATE LIMIT APPLIES PER: • GENERALAGGREGATE $ 2,000,000 POLICY n JECT PRO- LOC PRODUCTS-COMP/OP AGG $ 2.000,000 OTHER: $ AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT $ 1,000,000 ' , (Ea accident) -_ ANY AUTO • BODILY INJURY(Per person) $ A OWNED AUTOS ONLY AUX SCHEDTOSULED Y Y CPOR0560121972 04/29/2022 04/29/2023 BODILY INJURY(Per accident) $ X HIRED NON-OWN $ AUTOS ONLY X AUTOS ONLED PROPERTY DAMAGE Y ' (Per accident) Uninsured motorist $ 1,000,000 UMBRELLA AC O""U RR N E,,,,` 2,000,000 X X OCCUR EACH OCCURRENCE $ A EXCESSLIIAB CLAIMS-MADE Y Y CPOR0560121972 04/29/2022 04/29/2023 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION • X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ • B OFFICER/MEMBER EXCLUDED? N N/A Y ' 631720 02/01/2022 02/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 , 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) , City of Ashland,Oregon its officers,agents and employees are Additional Insured General Liability Ongoing&Completed Operations including Primary • Non-contributory&Waiver of Subrogation per endorsement MFMBP036 09-18 attached.; Auto Additional Insured Primary Noncontributory MFMML4 04-0; Auto Waiver Subrogation per MFMML5 04-05;Workers Comp Waiver Subrogation per WC000313 . • ' 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 E Main St - AUTHORIZED REPRESENTATIVE Ashland OR 97520 46-(Mot • I . .. 4e tt ca4e ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) • The ACORD name and logo are registered marks of ACORD CPOR0560121972 MFM ML4 04-05 Amendatory Endorsement#4 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED: HANNON ENTERPRISES INC DBA OVERHEAD DOOR CO. OF THE ROUGE VALLEY POLICY NUMBER:CPOR0560121972 • BLANKET ADDITIONAL INSURED BY CONTRACT THE ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM THIS ENDORSEMENT CHANGES THE POLICY EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS ANOTHER DATE IS INDICATED. WITH RESPECT TO ,COVERAGE PROVIDED BY THIS ENDORSEMENT, THE PROVISIONS OF THE COVERAGE FORM APPLY UNLESS MODIFIED BY THE ENDORSEMENT. • SECTION II LIABILITY COVERAGE, A COVERAGE 1. WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED ANY PERSON OR ORGANIZATION' WITH- WHICH YOU HAVE AGREED IN A VALID WRITTEN CONTRACT. TO PROVIDE INSURANCE AS. AFFORDED BY THIS POLICY. • THIS PROVISION IS LIMITED TO THE SCOPE OF THE VALID WRITTEN CONTRACT. THIS PROVISION DOES NOT'APPLY UNLESS THE VALID WRITTEN CONTRACT HAS' BEEN EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE. • . THIS COVERAGE IS ON A PRIMARY AND NON CONTRIBUTORY BASIS. • • • • • • • • • • • • • • • • • • Date 3/26/2020 • CPOR0560121972 • MFM ML5 04-05 Amendatory Endorsement#5 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED:HANNON ENTERPRISES INC DBA OVERHEAD DOOR CO. OF THE ROUGE VALLEY • POLICY NUMBER:CPOR0560121972 This endorsement changes the Policy. Please Read it Carefully. • Waiver of Transfer of Rights of Recovery Against Others to Us. The endorsement modifies Insurance provided under the following: Business Auto Policy The transfer of RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the 'following: We waive any Right of Recovery we may have against any additional Insured as required in a written agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under contract with that person or organization. 4 • • • • • • • • Date 3/26/2020 0 • CPOR056012.1972 • • MFM ML5 04-05. • Amendatory Endorsement#5 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED:HANNON ENTERPRISES' INC DBA OVERHEAD DOOR CO. OF THE ROUGE VALLEY POLICY NUMBER:CPOR0560121972 , This •endorsement changes the Policy. Please Read it Carefully. Waiver of Transfer of Rights of Recovery Against Others to Us. The endorsement modifies Insurance provided under the following: Business Auto Policy The transfer of RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: • We waive any Right of Recovery we may have against any additional Insured as required in a written agreement because of payments we make for injury or damage arising out of your ongoing • operations or your work done under contract with.that person or organization. • • • • • • • • • • . c • • Date 3/26/2020 • • • BUSINESSOWNERS • MFMBP036 09-18 • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ULTIMATE LIABILITY ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSOWNERS COVERAGE.FORM and provides the following coverages: • Coverage ;Limits . Bail Bonds $5,000 Loss of Earnings .$1,000 Automatic Liability Coverage—Newly 120 Days,—Period of Coverage Acquired or Constructed Property Damage to Property-Borrowed Equipment $5,000 Blanket Additional Insured—Primary Included if required by Written Contract or &Non Contributory—Ongoing and Written Agreement ' ' Completed Operations Damage to Premises Rented to You $300,000 Contractual Liability—Railroad Included in General Liability Limit Blanket Waiver of Subrogation Included if required by Written Agreement • • MFMBP036 09-18 Page 1 of 4 • • BUSINESSOWNERS MFMBP036 09-18 • • 'The provisions of the Businessowners Coverage the bu Iding that would qualify as covered Form apply except as otherwise provided in this . property. endorsement. We will charge you additional premium for the • liability from the date you acquire the property The following changes are made to the or beg n construction of that part of the • Businessowners Coverage Form: building that would qualify as covered property,. Damage to`Property—Borrowed Equipment :'Bail Bonds,loss:of Earnings and:Automatic. Liability.Coverage—.Newly:Acquiired.ar The following change is made to B. Exclusions-- Constructed Property 1.Applicable To Business Liability Coverage k. DamageTo Property—the following is added. SECTION II—LIABILITY—A:Coverages—1. to(4) Business Liability This exclusion does not apply to "property f. Coverage Extension—Supplementary damage"to borrowed equipment while at a Payments—The following is changed: jobsite and while not being used to perform (b) Up to$5,000 for cost of bail bonds required operations.The most we will.pay for"property because of accidents or traffic law violations damage"to any one piece of borrowed arising out of the use of any vehicle to which equipment under this coverage is$5,000 per Business Liability Coverage for'bodily injury" occurrence. applies.We do not have to furnish these bonds. And; Blanket Additional Insured—Primary=and Non. (d)All reasonable expenses incurred by the Contributory;Ongoing and.Completed insured at our request to assist us in the Operations • investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a The following is added to C.'Who is An Insured day because of time off from work. 3.The following are also an insured. A. Insured is amended to include as an insured The following Coverage Extension is added: any person or organization who you are (3) For any newly acquired or constructed required to add as an additional insured on this property that is intended for the similaruse and policy under a written contract or a written operation as described in the Declarations we agreement, but only with respect to liability for • will extend Liability coverage.That coverage will "bodily injury", "property damage"or"personal. end when any of the following first occurs: and advertising injury"caused in whole or in (a)This policy expires; or part by: (b) 120 days expire after you acquire•the 1`Your acts or omissions; property or begin construction of that part of 2 The acts or omissions of those acting on your • behalf,and resulting from; MFMBP036 09-18 Page 2 of 4 • • BUSINESSOWNERS MFMBP036 09-18 (a)Your ongoing operations performed for the policy providing coverage for the same additional insured; occurrence, claim or suit.This provision does (b)Your work completed as included in the not apply to any policy which the additional "products completed operations hazard" insured Is a Named Insured on such other policy performed for the additional insured. and where our policy is required by written B. However, regarding provision A.above: - contract or written agreement to provide 1.We will not extend insurance coverage to any . coverage to the additional insured on a primary additional insured or organization: and non-contributory.basis. • (a)That is not provided to you in this policy;or (b)That is any broader coverage than you are Damage to.Rreniises Rented To'You. required to provide to the additional insured • • person ororganization in the written.contract The following change is made to D. Liability And or written agreement. Medical Expenses Limits Of Insurance— C.The insurance provided to the additional . paragraph 3. Is deleted and replaced with the insured person or organization does not apply following: to "bodily injury","property damage", or 3.The most we will pay under Business Liability "personal and advertising injury" arising out of-• Coverage for damages because of"property your rendering of,or the failure to render, any damage"to a premises while rented to you or professional architectural,engineering or in the case of fire while rented to you or surveying services including: temporarily occupied byyou with permission of 1.The preparing, approving or failing to prepare the owner is$300,000.This limit replaces.the or approve maps,shop drawings, opinions, limit shown in the Declarations for Damage to reports, surveys,field orders,change of orders Premises Rented to You. or drawings and specifications; and 2.Supervisory inspection, architectural or Co ntractual Ltaiiility-Railroad engineering activities. D. For the coverage here: The following change is made to F.Liability And 1.The insurance is primary with respects to our Medical Expenses Definitions—9. "Insured coverage for the additional insured person or contra:t" is changed to include contractual organization where the written contract or liability-railroads.The definition of"insured written agreement requires this insurance be contra:t" is replaced with the following primary and non-contributory: In that event,we 9. "Insured contract"means: will not seek contribution from any other a.A contract for a lease of premises.'However, insurance policy available to the additional that portion of the contract for a lease of insured on which the additional insured person premises that indemnifies any person or or organization is a Named Insured. organization for damage by fire to premises 2.This insurance is excess over any other while rented to you or temporarily occupied by insurance,whether primary, excess, contingent you with permission of the owners is not an or any other basis,available to an additional . • "insured contract"; insured, in which the additional insured onour b.A sidetrack agreement; policy is also covered as an additional insured c.Any easement or license agreement;_ - by attachment of an endorsement to another MFMBP036 0948 Page 3 of 4 BUSINESSOWNERS MFMBP036 09-18' -. d.An obligation, as required by ordinance,to made to K.Transfer Of Rights Of recovery indemnify a municipality, except in connection Against Others To Us—paragraph 2. Is deleted with work for a municipality; and replaced with the following: e.An elevator maintenance agreement; 2.Applicable to Businessowners Liability f.That part of any other contract or agreement Coverage: pertaining to your business(including an If the insured has rights to recover all or part of indemnification of a municipality in connection any payment we have made under this policy, with work performed for a municipality) under those rights are transferred to us.The insured which you assume the tort liability of another must do nothing after loss to impair them.At party to pay for"bodily injury"or"property our request,the insured will bring"suit"or damage"to a third person or organization.Tort transfer those rights to us and help us enforce liability means a liability that would be imposed- them.This condition does not apply to Medical by law in the absence of any contract or . Expenses Coverage. agreement. Paragraph f.does not include that part of any We waive any Right of Recovery we may have contractoragreement: against any additional insured as required in a (1) That indemnified an architect, engineer written agreement because of payments we or surveyor for injury or damage arising make for injury or damage arising out of your out of: - ongoing operations or your work done under a. Preparing, approving or failing to contract with that person or organization. prepare or approve maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or b. Giving directions or instructions,or failing to give them, if that is the • primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to . render professional services, including those listed in Paragraph (1)above and supervisory;inspection, architectural or • engineering activities. . BlanketiNaiver of Subrogation 0 SECTION III—COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I—PROPERTY AND SECTION II—LIABILITY)The following change is MFMBP036 09-18 Page 4 of 4, • www.saif.com ' saift . Carrier no: 20001 Endorsement no: WC000313 (Ed. 430B) SAIF policy: 631720 Hannon.Enterprises Inc ' Waiver of Our Right to Recover from Others Endorsement 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 the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: All Operations Contractor name: Persons and/or organizations who, with the insured-employer are parties to.a construction agreement as defined in ORS 30.140. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. • • Effective date: February 01, 2021 5 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.' Countersigned December 28, 2020 at Salem, Oregon • WC000313 Kerry Barnett (Ed. 430B) President and Chief Executive Officer • 400 High Street SE Salem,0R 97312 P:800.285.8525 F:503.373.8020 Pol PC1 E4308