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2023-136 PO 20240116- Canopy LLC
CITY RRECORDER Purchase Order Fiscal Year 2024 Page: 1 of: 1 B City of Ashland I ATTN: Accounts,Payable Purchase' a L 20 Main 20240116 Ashland, OR 97520� � Order# • T Phone: 541/552-2010 0 Email: payable@ashland:er.us ✓ S C/O Parks Department E CANOPY LLC H Admin Office N 157 MAX LOOP 340 South Pioneer ' - • TALENT, OR 97540 .Ashland, OR 97520 T Phone: 541/488-5340 R O Fax: 541/488-5314 �kJra? refiBlG14egb lE .. faraX 1_ cr�en 09/13/2023 995 FOB ASHLAND OR/NET30 City Accounts Payable F fi -G Tree Removal Lithia Park 1 Removal of dead fir trees and debris in Lithia Park and Oredson 1.0 $31,450.00 $31,450.00 Todd Woods Goods and Services Agreement(Less than $35,000) Completion date: 12/31/2023 Project Account: Project Account: *************** GL SUMMARY*************** 128625 604105 $26,450.00 128626-604106 $5,000..00 ./ • • • By: WAPILW11, 5Date: � Authorized Signatur3° ? �:._�-_=°' ' 450.00 ` FORM #3 . C,:1.II O F. > . • . A request for a Purchase Order a a o (' '2' ►.S H LAND D REQUISITION Date of request: 09/11/23 Required date for delivery:. 10/1/2023 Vendor Name • Canopy LLC . Address,City,State,Zip PO Box 263 Talent,OR 97540 • Contact Name&Telephone Number Chris John 541-631-8000 Email address cj.chrisjohn@gmail.com SOURCING METHOD . • ❑ Exempt from Competitive Bidding • ❑ Emergency ElReason for exemption: ' ElInvitation to Bid ' ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑'Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington • Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# . . Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ❑ Special Procurement - ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ' ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation.attached Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Removal of dead fir trees and debris in Lithia Park and Oredson Todd Woods d. 31 ,450 . Item # Quantity Unit - Description of MATERIALS • Unit Price Total Cost • ❑t Per attached quotelproposal TOTAL COST Project Number Account Number 128625.604105 $ 26,450.00 31450 Project Number - . Account Number 128626.604106 $ 5,000.00 *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 requisition form,I certify that the City� public tracting requirements have been satisfied. ,� 222 �Department Hea 13/C (Equal to or greater than$5,000)v Department Manager/Supervisor: City Administrator: (Equal to or reater than$25,000) Funds appropriated for current fiscal year: ES NO �� Deputy Finance Dir c r-(Equal to or greater than$5,0 0) Date Comments: Form#3-Requisition • . I GOODS AND SERVICES AGREEMENT (LESSTHAN $35,000) CONTRACTOR: Canopy LLC CITY OF CONTACT: Chris John ASHLAND • 20 East Main Street ADDRESS: PO Box 263 Ashland, Oregon 97520 Talent, OR 97540 Telephone: 541/488-5587 PHONE: 541-631-8000 • Fax: 541/488-6006 EMAIL: cj.chrisjohn@gmail.com This Goods and Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and Canopy LLC, (a domestic limited liability corporation) ("hereinafter"Contractor"), for the removal of dead fir trees and debris in Lithia Park and Granite St. and in Oredson-Todd Woods. 1. CONTRACTOR'S OBLIGATIONS 1.1 Provide the removal of 18 dead fir trees and debris in Lithia Park and in Oredson-Todd Woods as set forth in the"SUPPORTING DOCUMENTS"attached hereto and,by this reference,incorporated herein. Contractor 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 Contractor 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; and • Workers' Compensation. 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; • Contractor 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 Canopy LLC • • Contractor 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 Contractor 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 Contractor 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 Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor 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 Contractor 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 Contractors of the Contractor'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 $25,335.05 or more, Contractor 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. Contractor 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: Contractor 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. Contractor shall be fully responsible for the acts or omissions of any assigns or'subcontractors and of all persons employed by,them, and the approval by 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 Contractor the lump sum of$31,450 (thirty-one thousand four hundred and fifty dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. .2.2 In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of$ of$31,450 (thirty-one thousand four hundred and fifty dollars) without express, written approval from the City official whose signature appears below, or such official's successor in office. Contractor 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. Contractorfurther acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done,at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. • Page 2 of 5: Goods and Services Agreement between the City of Ashland and Canopy LLC 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other Contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor 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. 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 Contractor 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 Contractor 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 Contractor and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Contractor 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 Contractor to correct them without charge or deliver them at a reduced price,as negotiated.If Contractor 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 Canopy LLC 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 Contractor 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. Contractor 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 City's written Intent to Bid dated July 27,2023 • The Contractor's complete written Quote number 6349 dated July 17, 2023. 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 Contractor 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 Contractor 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 Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor 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 December 31,2023,unless sooner terminated as provided in Subsection 6.2. . 6.2 Termination 6.2.1 The City and Contractor 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. Page 4 of 5: Goods and Services Agreement between the City of Ashland and Canopy LLC 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier,or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland— Ashland Parks and Recreation Attn: Tara Kiewel,Administrative Analyst 340 S. Pioneer Street Ashland, Oregon 97520 Phone: (541) 552-2257 With a copy to: City of Ashland—Legal Department 20 E. Main Street • Ashland, OR 97520 Phone: (541)488-5350 If to Contractor: Canopy LLC Attn: Chris John • PO Box 263 Talent, OR 97540 Phone: (541) 631-8000 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. CONTRACTOR'S COMPLIANCE WITH TAX LAWS 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor 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 Contractor; and • (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Contractor, 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 Contractor; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 5 of 5: Goods and Services Agreement between the City of Ashland and Canopy LLC • 9.2 Contractor'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 Contractor's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Canopy LLC. (C :T1j�ACTOR): B; I� - By: Signature Signature LESUe /'fit• 1 i06C Christopher John Printed Name ' Printed Name e-- /, ? / Owner Title Title Vhf/209/11 /2023 ate 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 Canopy LLC • . • EXHIBIT A • CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must,Comply with City of Ash land laws r.egulati;ng payment of a living wage. $1`8.12 per hours effective June 30r 2023. The Living Wage is adjusted annually every rift June 30 by the Consumer Price Index. Employees must be paid a portion of the bess of of health care,retirement, Living wages their employer,if the 401K,and IRS diglle • employer has tenor more cafeteria plans(including employees,and has received &dome)benefrts to the i► Far a91 hours worked Mader a financial asistance for the employee"s amount of wages. service contract between their pried or business from the s layer and the City of of Ashland over r Note: For temporary ad Ashland if the contract $25,335.05; parttime employees,th. exceeds$25,335103 or mmore_ ti livin Wage a does not apply s if their empfayaer is they of to the first !w hours worked i Far all hags worked an a Ashland,i ail:Eng the Paths iiia any calendar year. For month,if the employee and Recreafion Department more details,please see spends.n 3i,or more of the Ashland Municipal Code employee's time in that month calculating the wage, Section lc�i, .1.12.021 vra ng on a protect or employers may add the value For additional information: Call the Ashland ary Manager's office at 511-488-6002 or mite to tine City Manager, City Hall,20 East Main Street,Ashland,OR 9520,or resit the City's website at vwrw_ashland_or.us_ • Notice to Employers: This notJioe must be posted in areas where it can be seen by all employees_ CITY OF ASHLAND Page 7 of 5: Goods and Services Agreement between the City of Ashland and Canopy LLC ` l ® , DATE(MMIDDIYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE ` 09/11/2023 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(les)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 Christine Callahan • Focus/ Insurance Group, Inc NAME: 720 E Jackson St Pnlc°°."No,Ext): 541-772-3120 (ac,No):'541-772-7900 Medford, OR 97504 ADDRE E-MAIL s: Christine@focus1ins.com License#: NPN: 16192192 &CA • INSURER(S)AFFORDING COVERAGE NAIC# ' INSURER A: Mesa Underwriters Specialty Ins Co 36838 ' 36838 INSURED INSURERB: Mutual of Enumclaw 14761 • Canopy LLC INSURER C: SAIF 36196 1323'Lithia Way INSURER D Talent, OR 97540 • INSURERS: • INSURER F: COVERAGES CERTIFICATE NUMBER: 00007321-2413006 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y • MP003600210003401 07/28/2023 07/28/2024 EACH OCCURRENCE. $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR ' PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person)_ $ 5,000 . PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC • PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y CPPOO18577 07/08/2023 07/08/2024 (Ea BINEDtSINGLE LIMIT $ ANY AUTO • BODILY INJURY(Per person) $ OWNED ,, SCHEDULED • BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) • $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION$ _ _ _ $ ' (�+ WORKERS COMPENSATION 875358 10/01/2023 10/01/2024 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 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 I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Ashland, Oregon,its officers,agents and employees is included as additional Insured with respect General Liability and Auto Liability. Primary and nonconributory wording applies. . 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 • Ashland, OR 97520 AUTHORIZED REPRESENTATIVE • '1AINk -4'✓ (CCI) • ©1 8 -2et 5- CORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by CC1 on 09/11/2023 at 08:29AM • , • COMMERCIAL AUTO EA 99 11 03 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. • The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being.replaced. .Paragraph 'C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 . 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item . The following is added to Paragraph A.1.: Three of the Declarations'as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are (2) Not used for business, farming or required to include as an additional insured on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a .motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during' wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Limits of Insurance applicable to the Coverage: • Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. • 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or • 5. Destruction. •' • • EA 9911 0318 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 6 • • e. Broadened Named Insured 2. Towing Any business entity newly acquired or We will pay up to $200 for a covered "auto" for formed by you during the policy period towing and labor costs incurred each time the provided you own 51% or more of the covered "auto" is disabled. However, the labor business entity and the business is not must be performed at the place of disablement. separately insured for . Business Auto This coverage is excess over Coverage. Coverage is extended up to a maximum of 180 days following acquisition • a. any limit shown in the Declarations for or formation of the business entity or until • towing and labor costs; and • the end of the policy period, whichever b. any other collectible insurance. comes first. This coverage applies only for an "auto" f. Employee Hired Auto covered on this policy for An"employee"of yours is an"insured"while c. Comprehensive or Specified Causes of operating an "auto" hired or rented under a Loss Coverage;and contract or agreement in that "employee's" d. Collision Coverage. name, with your permission, while performing duties related to the conduct of The following is added to Paragraph A.3 your business. Glass Repair—Waiver of Deductible Paragraphs A.2.a.(2). and A.2.a.(4) are deleted and No deductible will apply to glass breakage if • replaced with the following: such glass is repaired in a manner acceptable 2. Coverage Extensions to us rather than replaced. a. Supplementary Payments Paragraph A.4.a. is deleted and-replaced with the (2) Up to $5,000 for cost of bail bonds following: (including bonds for related traffic law 4. Coverage Extensions violations) required because of an a. Limited Rental Reimbursement or Travel "accident"we cover. We do not have to Expense • • furnish these bonds. We will pay up to $75 per day to a (4) All reasonable expenses incurred by maximum of $2,250 for rental the "insured" at our request, including reimbursement expenses for the rental of actual loss of earnings up to$500 a day an "auto" or other transportation expense because of time off from work. incurred by you because• of "loss" to a Paragraph B.5. is deleted and replaced with the covered "auto" which is covered by following: Comprehensive, Specified Causes of Loss, 5. Fellow Employee • or Collision coverage under this policy. No deductible applies to this coverage. "Bodily Injury"to: (1) We will pay only for those expenses a. Any fellow "employee" of the "insured" incurred as a result of a covered "loss" • arising out of and in the course of the fellow occurring during the policy period "employee's" employment or while beginning 24 hours after the "loss" and performing duties related to the conduct of ending, regardless of the policy's your business. .This exclusion does not expiration, with the lesser of the apply to an "insured" who occupies a following number of days: position as an officer, manager or supervisor.; or (a) The number of days reasonably • required. to repair or replace the b. The spouse, child, parent, brother or sister '. covered "auto". If "loss" is caused of that fellow"employee"as a consequence by theft, this number of days is of Paragraph a.above. added to the number of days it The following changes revise SECTION III—PHYSICAL takes to locate the covered "auto" DAMAGE COVERAGE and return it to you; or This coverage applies only for a covered "auto" for. (b) 30 days. which Physical Damage Coverage is provided for on (2) Our .payment under this Coverage this policy. Extension (4.a.) is limited to the lesser • Paragraph A.2. is deleted and replaced with the of the necessary and actual expenses following: incurred or the maximum amount • shown, $2,250. A. COVERAGE • EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 6 • (3) Coverage under this Coverage , "loss", and such equipment is Extension (4.a.) does not apply while designed to be solely operated by there are spare or reserve "autos" use of the power from the "auto's" available to you for your operations. • electrical system, in or upon the (4) If a covered "auto" is described or covered "auto". designated as a covered "auto" on (b) We will pay with respect to a endorsement EA 99 01, the coverage covered "auto" described in the • • provided by this extension is excess Schedule for "loss" to any over coverage provided by accessories used with the • endorsement EA 99 01, electronic equipment described in • The following is added to paragraph A.4. Paragraph (1)(a) above. However, this does not include tapes, records c. Tapes, Records and Discs or discs. We will pay for "loss" to tapes, records, (2) Exclusions compact discs, or other similar devices The exclusions that apply to Physical used with audio, visual or data electronic Damage Coverage, except for. the devices. exclusion relating to Audio, Visual and (1) We will pay only if the tapes, records, Data Electronic Equipment, also apply. compact discs, or other similar devices: to coverage provided by this extension. (a) Are your property or that of a family In addition, the following exclusions member; or apply: (b) Are the property of an "employee" We will not pay, under this extension, using a covered "auto" in your for either any' electronic equipment or business affairs at the time of the accessories used with such electronic "loss"; and equipment that is: • (c) Are in a covered "auto" which (a) Necessary for the normal operation sustains other covered "loss" under of the covered "auto" or the Comprehensive or Collision monitoring of the covered "auto's" coverage at the time of the "loss"to operating system; or tapes, records; compact discs, or • (b) An integral part of the same unit other similar devices. ( housing any sound reproducing (2) The most we will pay for "loss" under equipment designed solely for the this Coverage Extension (4.c.) is$200. reproduction of sound if the sound (3) Physical Damage Coverage provisions reproducing equipment is apply to this coverage, except that any permanently installed in the deductible applicable to covered "auto" in the opening of the Comprehensive or Collision coverage • dash or console normally used by does not apply to this Coverage the manufacturer for the installation of a radio. Extension (4.c.). d. Audio, Visual and Data Electronic (3) Limit of Insurance Equipment With respect to coverage under ,this (1) Coverage extension the Limit. of Insurance provision of Physical Damage (a) We will, pay with respect to a Coverage is replaced by the following: covered . "auto" described in the (a) The most we will pay for all"loss"to Schedule for"loss"to any electronic audio, visual or data• electronic equipment that receives or transmits audio, visual or data equipment and any accessories • signals and that is not designed used with this equipment as a result solely for the reproduction of sound. of any one "accident" is the lesser This coverage applies only if the of: equipment is permanently installed (i) The actual cash value of the in the covered "auto" at the time of damaged or stolen property as the "loss" or the equipment is of the time of the "loss"; removable from a housing unit which is permanently installed in the covered "auto" at the time of the • • EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 6 • (ii) The cost of repairing or g. Camper Bodies replacing •the damaged or In the event of a "loss" to a detached stolen property with other "camper," physical damage coverage will property of like kind and quality; apply as if it were part of the covered "auto" or on which it is rated. (iii)$500. h. Contents of a Travel Trailer, Camper or (b) An adjustment for depreciation and Motor Home physical condition will be made in When a Travel Trailer, "Camper" or Motor determining actual cash, value at Home is a scheduled auto for physical the time of the"loss". damage coverage, we will pay up to $1,000 (c) If a repair or replacement results in for "loss" to personal property belonging to better than like kindor quality, we you or a family member that is within the will not pay for the amount of Travel Trailer, "Camper" or Motor Home.. betterment. We will pay up to$250 for"loss"to personal (4) Deductible property belonging to you or a family member that is outside the Travel Trailer, No deductible applies to this coverage. ';Camper"or Motor Home. The insurance provided by this extension is (1) We will not pay for"loss"to: excess over any other collectible insurance. (a) Articles carried or held for sale, e. Custom Signs and Decorations storage or repairs, or for. later . Physical Damage coverage on a covered delivery; goods kept to show or sell; "auto" may be extended to "loss"to custom or theatrical wardrobes. signs and decorations including custom (b) Business, store of office furniture or murals, paintings. or other decals or equipment. graphics. (c) Records or accounts, money, Our limit of liability for loss to custom signs • bullion, deeds, contracts, evidences and decorations shall be the least of: of debt, securities,tokens or tickets, (1) Actual cash value of the stolen or stamps in current use or damaged property; •manuscripts. (2) Amount necessary to repair or replace. (d) Animals, private passenger"autos," the property; or motorcycles, aircrafts, boats or any (3) $500. other motorized vehicles or their equipment, furnishings or f. Personal Effects Coverage appurtenances. (1) Physical Damage Coverage on a (e) Equipment or accessories while covered "auto" may be extended to . your Travel Trailer, "Camper" or "loss" to your "personal effects" or, if Motor Homeis leased or rented to you are an individual, the "personal any organization or any person effects" of a family member, that are in other than you or a family member. the covered "auto" at the time of the "loss". (2) The maximum we willpay for "loss" is the lesser of: (2) "Personal effects" as used in this ' (a) The actual cash valu• e of the extension means tangible property that is worn or carried by the "insured". personal property at the time of "Personal effects" does not include loss"; tools, jewelry, money, securities, radar . (b) The cost of repairing the damage; or laser detectors, or tapes, records, or discs or similar audio, visual or data (c) The cost of replacing the damaged electronic equipment. personal property with 'other (3) The most we will pay for any one "loss" personal property of like kind, • under this coverage extension is$500. condition, quality and value. No deductible applies to this extension. The insurance provided by this extension is • excess over any other collectible insurance. • EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 6 • • i. Vacation Expense Allowance If hired "autos" are covered "autos" for Liability We will pay you $50 per day to a maximum Coverage and if Comprehensive, Specified of $500 for extra expenses when a Travel Causes of Loss or Collision Coverages are Trailer, "Camper" or Motor Home is a provided under this coverage form for any scheduled auto for physical damage "auto" you own, then the Physical Damage coverage, and the Travel Trailer, "Camper". Coverages provided are extended to "autos" or Motor Home: you hire of like kind and use, subject to the following: (1) Is damaged or destroyed and is uninhabitable; and a. The most we will pay for any one "loss" is While beingused for vacation purposes $50,000 or the actual cash value or the cost (2) p p to repair and replace, whichever is less, within the policy period. minus a deductible; Extra expenses must by supported by b. The deductible will be equal to the largest receipts or other valid evidence. deductible applicable to any owned "auto" The following is added to Paragraph A.: for that coverage; 5. Extra Expense—Broadened Coverage c. Hired Auto Physical Damage coverage is We will pay for the direct expense of returning a excess over any other collectible insurance; • stolen covered "auto" to you. We will pay only and for those covered "autos" .for which you carry ,d. Subject to the above limit, deductible and Comprehensive or Specified Causes of Loss excess provisions, we will provide coverage Coverage. This coverage will only apply to ' equal to the broadest coverage applicable vehicles recovered inside the 48 contiguous to any covered"auto"you own. United States. This coverage does not apply to If a limit for Hired Auto Physical Damage is an "auto"we deem a total"loss". indicated inthe Declarations, then that limit '6. Auto Loan/Lease Gap Coverage, • replaces, and is not in addition to, the $50,000 In the event of .a covered total "loss" to a limit indicated above. covered "auto" described or designated in the The following is added to Paragraph B.3.a.: Schedule or in the Declarations, we will pay up Airbag Coverage—Accidental Deployment to $2,000 for any unpaid amount due on'the lease or loan for a cov• ered "auto"less: However, this exclusion does not apply to the unintended inflation of an airbag if the inflation a. The Amount paid under the Physical is caused by mechanical or electrical Damage Coverage section A.1. of the breakdown. policy; and The following is added to Paragraph C.2. b. Any: New Vehicle Replacement Cost (1) Overdue lease/loan payments at the time'of the"loss"; If, however, a "loss" occurs to your covered "auto" within 180 days of your purchase of the "auto" and, (2) Financial penalties imposed under a we deem the covered "auto"to be a total"loss" and lease for excessive use, abnormal wear it has not been previously titled under the-motor and tear or high mileage; vehicle law of any state,.we will pay at your option: • (3) Security deposits not returned by the a. the cost to replace the covered "auto" with a- Lessor; new"auto"of like make, model and year; or (4) Costs for extended warranties, Credit b. 'an amount equal to the original purchase price • Life Insurance, Health, Accident or ' you paid toacquire the vehicle, including taxes, Disability Insurance purchased with the but excluding any extended warranties and loan or lease; and licensing fees. (5) Carry-over balances from previous This coverage applies only'to a covered "auto" of loans or leases. the private passenger, light truck or medium truck 7. Hired Auto Physical Damage Coverage type (20,000 lbs. or less gross vehicle weight). • EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 6 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident"is known to: for casual travel or camping. (1) You, if you are an individual; . (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; • or (4) An executive officer or insurance manager, if you are a corporation. • The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation • We waive any right of recovery we may have • against any person or organization to the extent required of you by a written contract executed prior to any"accident"because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is, deleted and. replaced with the following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual • "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". The following is added to Paragraph B.5. • d. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance • maintained by the additional insured is excess and not contributory with this insurance. If the • "insured contract" does not require this provision,then Paragraph a.above will apply. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 6 • • • MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • CONTRACTORS LIABILITY BUNDLE GOLD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. Summary of Coverages Provided by This Endorsement: Blanket Additional Insureds—As Required by Contract with Completed Operations Page 5 . Blanket Waiver.of Transfer of Rights of Recovery Page 7 Construction Per Project General Aggregate Limit-$5,000,000 Page 4 Contractual Liability(Railroads) - Page 8 Contractual Liability Amendment (Personal and Advertising Injury) Page 5 Damage to Premises Rented to You -$1,000,000 • Page 6 Liberalization Clause Page 7 Lost Key Coverage-$10,000 sublimit • Page 3 Primary and Non-Contributory Provision • Page 7 • • • Property Damage—Care, Custody, or Control - $100,000 sublimit Page 3 • Short-Term Pollution Event- Limited Coverage - $50,000 Page 2 Waiver of Governmental Immunity • Page 8 • • • • • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 Insured•Copy SHORT TERM POLLUTION EVENT- LIMITED COVERAGE Paragraph 2. Exclusions f. Pollution of SECTION I -COVERAGES—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, does not apply to"bodily injury"or"property damage"due to an . "occurrence"arising out of a"short-term pollution event"if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. • Subject to SECTION III—LIMITS OF INSURANCE,the most we will pay under Coverage A for"bodily injury"or"property damage"due to an`occurrence"arising out of a"short-term pollution event"is a sublimit of$50,000.This limit is included in and not in addition to the Limits of Insurance shown in'the Declarations of the Commercial General Liability Policy. The following is added to SECTION V-DEFINTIONS: A. "Short-term pollution event"means a discharge, dispersal, release or escape of"pollutants" which: 1. Begins during the policy period; 2. Begins at an identified time and place; 3. Ends, in its entirety, at an identified time within forty-eight(48) hours of the beginning of the discharge, dispersal, release or escape of the"pollutants"; 4. Is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same pollutant from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; 5. Does not originate from an "underground storage tank"; and 6. Is not heat, smoke or fumes from a"hostile fire." To be a "short-term pollution event",the discharge, dispersal, release or escape of "pollutants"need not be continuous. However, if the discharge, dispersal, release or escape is not continuous, then all discharges, dispersals, releases or escapes of the same "pollutants"from essentially the same source, considered together, must satisfy Provisions 1. through 6. of this definition to be considered a "short-term pollution event." B. "Underground storage tank" means any storage tank, including any attached pumps, valves or piping, buried below the surface of the ground or water, or which, at any time, had been buried under the surface of the ground or water and then subsequently exposed by any means. For the purposes of this definition, buried means that at least 10%of it is below the surface of the ground or water.' • • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. , Page'2 of 8 Insured Copy , LOST KEY COVERAGE • The following is added to Paragraph 2. Exclusions j. Damage to Property(4) under SECTION I - COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: We will pay up to$10,000 for each "occurrence"for the actual and necessary expense you incur to rekey or to adjust locks'to accept new keys or, if required, new locks including cost of their installation at the customer's premises as a result of direct physical loss of or damage to their keysentrusted to you, subject • to the following: A. Such insurance as is afforded by this endorsement shall not apply to damages caused by • misappropriation, conversion, secretion, infidelity or any act of dishonesty on the part of any Insured, its"employees" or agents; B. The total liability of the Company for all damages as the result of any one"occurrence"shall not exceed the limit of liability stated above; C. The Company's obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount set forth in the policy. D. The Limit of Insurance for this coverage is based on each `occurrence"and is subject to a $25,000 aggregate limit. • . PROPERTY DAMAGE - CARE, CUSTODY, OR CONTROL •L • The following is added to Paragraph 2. Exclusions j. Damage to Property under SECTION I— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4)and (5)do not apply for the limited purpose of providing the coverage and sublimits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of "property damage"to: A. Personal property in the care, custody or control of the insured; and B. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations. The most we will,pay under A. and B. above in any one"occurrence"or for all damages during any one policy period is a sublimit of$100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any"suit"for damages under A.and B. above ends when we have used up the applicable sublimit of liability in the payment of judgments or settlements under it. • • • • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 Insured Copy • • CONSTRUCTION PER PROJECT AGGREGATE • • A. For all sums which the insured becomes legally obligated to pay as damages caused by'occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES- . COVERAGE C—MEDICAL PAYMENTS,which can be attributed only to ongoing operations at a single construction project: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to a maximum of$5,000,000. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products completed operations'hazard", and for medical expenses under Coverage C,regardless of the number of: (a) Insureds; • (b) Claims made or"suits" brought; or • (c) Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for any given construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they,reduce any other Construction Project General Aggregate Limit for any other construction project. • • 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS,which cannot be attributed only to ongoing operations at a single construction project: 1.Any payments made under Coverage A for damages'or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard"will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorsement shallcontinue to apply as stipulated. • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 Insured Copy CONTRACTUAL LIABILITY AMENDMENT- (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract,written agreement or written permit with the Named Insured that any contractual liability exclusion for"personal and advertising injury" be removed from the policy,then Paragraph 2. Exclusions e. Contractual Liability of SECTION I—COVERAGES-COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is deleted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement." This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. BLANKET ADDITIONAL INSUREDS -AS REQUIRED BY CONTRACT Subject to the Primary and Non-Contributory provision set forth in this endorsement,SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a written contract,written agreement or written permit to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury"or"property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"caused, in whole or in part, by: A. Your ongoing operations, "your product," or premises owned or used by you. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, 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. • • This exclusion applies even if the claims against any insured allege negligence or other wrong-doing 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,to the extent applicable under the Coverage Part to which this endorsement applies, the offense • which caused the"personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. B. Your maintenance, operation or use of equipment, other than aircraft, "auto"or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the rental agreement or equipment lease expires. C. Your lease of premises from any person or organization, but only with respect to liability ' arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any"occurrence"which takes place after you cease to be a tenant of that premises. • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 Insured Copy • • " D. Your ownership, maintenance or use of your premises but only with respect to the liability of any person or organization as mortgagee;assignee or receiver. This insurance does not apply to any"occurrence"which takes place after the mortgage is satisfied, or the assignment or receivership ends. E. Your operations performed by you or on your behalf for any state or governmental agency or subdivision or political subdivision, but only with respect to that state or.governmental agency or subdivision or political subdivision for which a permit or authorization has been issued. • F. Your completed\operations arising out of"your work."Such person or organization is an additional insured only with respect to their liability arising out of"your work"performed under that contract, agreement, or permit and included in the"products-completed operations hazard"when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of"your work" performed under that contract, agreement;or permit and included in the"products-completed operations hazard". ,With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury" caused by or arising out of work or operations performed by any "insured" or any contractor(s)or subcontractor(s)working directly or indirectly on behalf of any"insured"in connection with the new residential construction of the following: 1. Condominium or cooperative unit; 2.Town house; or • 3. Single family house. New residential construction includes the conversion of an existing structure or structures to condominium or cooperative building(s)or complex(es), but does not include remodeling, repair or maintenance operations performed on any individual condominium, cooperative unit, town house, single family house or any other residential unit after it has been certified for occupancy or put to its intended use. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured,or the written permit issued, prior to the"bodily injury"or "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." • • DAMAGE TO PREMISES RENTED TO YOU • The Limit of Insurance for Damage To Premises Rented To You referenced in Paragraph 6 of SECTION III is increased to$1,000,000. • • • • • • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 Insured Copy . PRIMARY AND NON-CONTRIBUTORY PROVISION • The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to any person or organization included as an additional insured under this policy,this insurance shall be excess over any other insurance that person or organization has and such other insurance shall be primary unless: A. The additional insured is a Named Insured under such other insurance; B. You have agreed in a written contract,written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and C. The written contract or written agreement has been signed by the Named Insured,or written permit issued, prior to the"bodily injury"or"property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." LIBERALIZATION The following condition is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our company rules, your policy will automatically provide the additional coverage as of the day the revision is effective. ' • BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8.Transfer'of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: • We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations or"your work" done under a written contract or written agreement and included in the"products-completed operations hazard," if: A. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement prior to loss; ' B. Such person or organization is'an additional,insured on your policy; and C. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the"bodily injury" or"property damage"occurs subsequent to the execution of the written contract or written agreement. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 Insured Copy • • CONTRACTUAL LIABILITY (RAILROADS) • • The following is added to Paragraph 9. "Insured Contract"of SECTION V—DEFINITIONS: Paragraph c. is deleted in its entirety and replaced with the following: c.Any easement or license agreement; Paragraph f.(1)is deleted in its entirety. • • • • WAIVER OF GOVERNMENTAL IMMUNITY • • We will waive, both in the adjustment of claims and in the defense of"suits"against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do, so ' Waiver of immunity as a defense will not subject us to liability for any portionof a claim or judgment in excess of the-applicable limit of insurance, • • • • All other terms and conditions of this policy remain unchanged. -• • • • • • • • • i • • • • • • • • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Insured Copy K ASHLAND PARKS& RECREATION COMMISSION 340 S PIONEER STREET • ASHLAND,OREGON 97520 S l�{ d bks$.'Reca%s MEMORANDUM' FROM: Tara Kiewel,Administrative Analyst DATE: August 16,2023 SUBJECT: Bids for Douglas Fir Tree Removal The bidding process for the Fir Tree Removal opened on July 27, 2023 and closed on August 8, 2023. Two bids were received. Bids without debris removal 1. Beaver Tree Service Inc.$53,500.00 2. Canopy LLC$22,500.00 Bids including debris removal 1. Beaver Tree Service Inc.$62,500.00 ' 2. Canopy LLC$31,450.00 APRC will be awarding the bid to Canopy LLC for the Fir tree removal including the removal of debris. The,date of this project is to be determined in the fall when weather and schedules permit. • CITY OF • • Folz #2 • ASHLAND INVITATION TO BID—TRADE SERVICES INTERMEDIATE PROCUREMENT Release date:July 27,2023 • Requested by: Tara Kiewel,Ashland Parks and Recreation tara.kiewel anashland.or.us 541-552-2257 • Bids are due by(time/day/date):Tuesday August 8,2023 2:00 pm PST • Project name:Fir Tree Removal • Job site location(name/address):Lithia Park.and Oredson Todd Woods,Ashland Oregon • Project completion required by(date):TDB APRC will work with the contract on scheduling,Completion by the Fall of 2023 • Bids may be faxed,emailed or hand delivered.Contractors shall submit bid on their company letterhead. Informal email bids and/or late bids will not be accepted.Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability,Automobile and Workers' Compensation.Workers' Compensation insurance is mandatory.Subcontracting will not be permitted. • "OR EQUAL":Any brand name listed in the specifications as"or equal"or"or equivalent"shall establish,the minimum requirements for quality,utility, durability,function,purpose,etc.Other product brands may be offered that are equal to or better than the product brand name.Bidder may show cost difference,altemates and options in the space provided in the quote.This clause is not meant to be restrictive,but to set the minimum standard.THE CITY SHALL DETERMINE,IN ITS SOLE DISCRETION,WHETHER A PRODUCT OFFERED IS"EQUAL."When the designation is"or equal"or "equivalent"City shall make its decision after Bid Closing. • SCOPE OF SERVICES • Tree Removal for Ashland Parks and Recreation Following is a list of trees to be removed. All are dead Douglas-firs, unless otherwise noted. Begin in Lithia Park at the corner of Nutley St.And Granite St. and head south on Granite: 1. Across from 135 Granite. Tree has low branch starting about one-foot above ground level. 32" DBH (25"+7"). 2. Downslope and south of#1. 16" DBH. 3. Upslope and south of#2. 14" DBH. 4. Upslope and south of#3. Across from 139 Granite. 22" DBH. 5. South of#4. Across from 143 Granite. 26" DBH juniper. 6. Across from 163 Granite. South of path. 31"DBH. 7. Across from 189 Granite. North of Japanese Garden and truck entrance. 32" DBH. 8. NE of#7. 30" DBH. 9. NE of#8. 34" DBH. 10. NW of#9. 28" DBH. 11. South of#7 and truck entrance, near corner of Japanese Garden. 33"DBH. • 12. Across from 247 Granite. Down slope. 15" DBH. • 13. Across from 251, 255, 257 Granite driveway, down toward Winburn, above Upper Duck Pond. 30" DBH. • •I 14. SW(upslope)•of#13. 26" DBH. /\ Form#2—Intermediate Procurement,invitation to Bid,Trade Services,Page 1 of 2,7/27/2023 11111 Form 15. 50 yds.south of#14. Across from 263 Granite steps. 24" DBH. 16. Southernmost parking lot of Lithia Park,just beyond and across from 423 Granite. Behind restroom. Leaning over parking lot. 43" DBH. The following two trees arein the Oredson-Todd Woods. Access is from the driveway of 2285 Sam Evans Place(off of Green Meadows Way). Park at the end of Sam Evans Place and walk up the dirt driveway (or the trail below) about 100 yards past the house. When you are doing the work there,you will be able to drive vehicles up thedriveway to the trees. 17. Above trail. 27" DBH. 18. Beyond#17 and just below trail, growing right next to oak. . • 25" DBH. Remember to submit two bids: • 1. Full cleanup, which includes removal of all brush and wood. 2. No cleanup. Brush and wood can be left on site but must be moved off of the street. • • Traffic and pedestrian control will be the responsibility of the contractor.. All Pricing Must Be Held Firm For 30 Days Method of Award: ORS 279B.070 Intermediate Procurements. (4)If a contract is awarded, the contracting agency shall • award the contract to the offeror whose quote or proposal will.best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise,product functionality,suitability for a particular purpose and contractor responsibility under ORS 279B.110. . • • • • • • • • • • G:\parks\A11 Parks Users\Capital Improvement Projects-CIP\!!FY24 25 Maintenance Projects\Tree Removal\ITB Tree Removal.doc 2 • <kW"). CANOPY.Ilc , It. Ir PO Box 263 �. A ,r '1 Talent, OR 97540 US ,a (541) 631-8000 � canopyarborcare@a gmail.com www.canopyarborcare.org CANOPY. . Quote ADDRESS QUOTE# 6349 City of Ashland Parks and • DATE 07/17/2023 Recreation Dept • SERVICEAMOUNT 1 Removal dead trees#1 -#16 as 0.00 • discussed and shown during walkthru with Parks staff on July 11, 2023. Trees are all located in LITHIA PARK: • . Price to remove all trees described 26,650.00 ' above INCLUDING clean up and. hauling of all debris and wood generated. Removal of trees#17 and#18 located 0.00 in the OREDSON-TODD WOODS: Removal of trees INCLUDING clean 4,800.00 up and hauling of debris and wood generated. TOTAL $31 ,450.00 • Accepted By Accepted Date • *Payment due upon project completion* *Please make check payable to Canopy LLC and mail check to:P.O.Box 263 Talent,OR 97540* ***Please note,there is a 30 day grace period for all transactions,and then a past due interest rate of 1.5%per month(18%annual)will be charged. CCB#199334&Arborist#WE-9504B .,,v4,,,,,;. CANOPY Ilc PO Box 263 i. Talent, OR !::aii (541) 631-8000 • �� .com www.canopyarborcare.org 71, .r,.� - CANOPY. • Quote ADDRESS QUOTE# 6350 City of Ashland Parks and DATE 07/17/2023 Recreation Dept SERVICE AMOUNT i Removal dead trees#1 -#16 as 0.00 - discussed and shown during walkthru with Parks staff on July 11, 2023. ' Trees are all located in LITHIA PARK: Price to remove all trees described 18,500.00 above but DOES NOT INCLUDE clean up or hauling of debris or wood. Roads and paths will be kept free of • debris, but everything else will remain • as it lies during the removal process. - • Removal of trees#17 and#18 located 0.00 in the OREDSON-TODD WOODS: . Removal ofthe trees but NOT 4,000.00 INCLUDING the clean up or hauling of wood or debris generated. • TOTAL $22,500.00 Accepted By Accepted.Date *Payment due upon project completion* • *Please make check payable to Canopy LLC and mail check to:P.O.Box 263 Talent,OR 97540* ***Please note,there is a 30 day grace period for all transactions,and then a past due interest rate of 1.5%per month(18%annual)will be charged. CCB#199334&Arborist#WE-9504B aEAVER ESTIMATE #8427 SERVICE DATE Jul 11, 2023 TREE SERVICE Inc. Ashland Parks•& Rec Dept SERVICE ADDRESS 20 East Main Street 59 Winburn Way Ashland, OR 97520 Ashland, OR 97520 CONTACT US c, (541) 324-9788 270 Wilson Road wes.casale@ashland.or.us Central Point, OR 97502 %, (503) 848-8733 p BEAVEROFFICE@BEAVERTREE.NET ESTIMATE Option #1 : Removals With Clean-Up Services amount Removals with Cleanup:trees 1-16 from given sheet on walktrhough $56,500.00 Remove tree/shrub(s). Haul all wood and debris. Do general clean-up, which is the cleaning up of materials put down on the ground as part of the tree service. Removals with Cleanup:tree 17 and 18 on walkthrough $6,000.00 Remove tree/shrub(s). Haul all wood and debris. Do general clean-up, which is the cleaning up of materials put down on the ground as part of the tree service. Services subtotal: $62,500.00 Subtotal $62,500.00 • Total $62,500.00 Option #2: Removals With No Clean-up Beaver Tree Service, Inc I 173614 http://beavertree.net 1 of 2 Services amount Removal with Debris Left on Site: trees 1-16 from walk-through $49,500.00 Remove tree/shrub(s). Leave all debris on site; no clean-up.(roads and paths to be cleared of debris) Removal with Debris Left on Site: Trees 17-18 From Walkthrough - $4,000.00 Remove tree/shrub(s). Leave all debris on site; no clean-up. Clear debris from paths and or roads Services subtotal: $53,500.00 Subtotal $53,500.00 • Total $53,500.00 • PDX Mailing Address: PO Box 6179 • Beaverton OR 97007 (503-224-1338) Southern Oregon: 270 Wilson Road• Central Point, OR 97502 (541-779-7072) - Thank you for contacting family-owned-and-operated Beaver Tree Service, Inc. We appreciate your business! Member of TCIA • COB Number: 173614 • Tax ID Number: 20-5639553 • • • Beaver Tree Service, Inc I 173614 http://beavertree.net 2 of 2 Kariann Olson • From: • Tara Kiewel Sent: Monday,September 11,2023 1:01 PM To: Kariann Olson • . . . Subject: Canopy LLC-PO REquest Attachments: 20230911122212798.pdf;Canopy Cert of Ins-City of Ashland.PDF;Canopy W9 2023.pdf;Estimate 6349.pdf;Estimate 6350.pdf;ITB Tree Removal.pdf;Beaver Tree Quote.pdf;Memo ITB Tree Removal Award 8.16.2023.pdf Hi Kariann, Attached is a PO request for CAnopy LLC. I have attached insurance certs, quotes, Form #3 and Form#2. • Originals are in interoffice mail. Let me know if you have questions. Thanks Tara Kiewel Administrative Analyst Ashland Parks&Recreation Commission 340 S. Pioneer St.,Ashland,OR 97520 Tel:541-552-2257 Fax 541-488-5314 www.ashlandparksandrec.org This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention.'If you have received this message in error,please contact me at 54L552.2257. From: noreply@ashland.or.us<noreply@ashland.or.us> _ • Sent: Monday,September 11,2023 12:22 PM - To:Tara Kiewel<tara.kiewel@ashland.or.us> • Subject: Message from "ParksOfficeAnnexSl" [EXTERNAL SENDER] This E-mail was sent from "ParksOfficeAnnex5l" (IM C3000).-•. Scan Date:09.11.2023 12:22:12(-0700) Queries to: noreply@ashland.or.us •