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HomeMy WebLinkAbout2023-197 PO 20240198- Applied Refrigeration Technology Inc CITY R � t, Purchase, Order Lira ER Via Fiscal Year 2024 Page: 1 of: 1 ##1BF33�1_€IMBE GeT *EA RLL= B City of Ashland O • 4 aik#1 ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20240198 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Facilities Maintenance Div E APPLIED REFRIGERATION TECHNOLOGY, INC. I 90 North Mountain Ave N PO BOX 1628 p Ashland, OR 97520 O MEDFORD, OR 97501 Phone: 541/488-5358 R T Fax: 541/552L2304 errd�r =k a iu n lend axN be m grns n_Lstse_r -- _ -a s atca-i sre M flUD Wined'zk3 to _ vire( =Flra"--h let- _ —DavidArnold 0 11/16/2023 4931. • City Accounts Payable 2. N M f Rof ea ert-ad=Prl e= On-call Refrigeration 0 1 On-call commercial refrigeration services 1.0 $3,000.00 $3,000.00 Goods and Services Agreement($35,000 or less) Completion date: 06/310/2024 Project Account: • * ****«******** GL SUMMARY*************** 088400-602400 $3,000.00 • • • - _-_ By: it A jg .1 Au horized SignaturT R+Ic►tt--_- $3,000.00 . / • FORM #3 CITY •OF A request fora Purchase ,Srder ld ASHLAND REQUISITION ro , A,,o ( reate of request: 7/26/23 Required date for delivery: Vendor Name ' Applied Refrigeration Address,City,State,Zip 6608 Table Rock Road Suite 3. Central Point, OR 97502 Contact Name&Telephone Number Phoebe Pidretti, 541-830-5516.phoebe appliedrefrigeration.net Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization O AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached O Written quote or proposal attached _(If council approval 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) 0 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 ❑ 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 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. Gteater 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) ❑ (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$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES . Total Cost Commercial Refrigeration for FY24 .$-3,060:00' Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 $0 $0.00 • $0 $0.00 . $0 $0.00 ®,,Per attached quote/proposal TOTAL COST' Project Number: _ _ _ Account Number: 088400-602400 $3,000.00• • *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 op'rove all hardware and software purchases: " IT Director Date " Support-Yes/No By signing this re., on ,I ;.rtify that the r i y's p 'tic v racting requirements have been satisfied. A Employee: . ,. / / - ` Department Head: to or rea than$5,000) 3 Department Manager/Supervisor: ' City Manager: (Greater than$35,000) Funds appropriated for current fiscal year: .YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition . • GOODS AND SERVICES AGREEMENT($35,000 OR LESS) PROVIDER: Applied,Refrigeration Technology,Inc. CITY OF PROVIDER'S A4S"H'LAN D . CONTACT: Phoebe Pidretti 20 East Main Street Ashland,Oregon 97520 ADDRESS: 6608 Table Rock Road Suite 3 Telephone: 541/488-5587 Central Point,OR 97502 Fax: 541/488-6006 • PHONE:. 541-830-5516 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Applied Refrigeration Technology, Inc., (a domestic/foreign business corporation)("hereinafter"Provider"),for commercial refrigeration. • I. PROVIDER'S OBLIGATIONS • 1.1 Provide service and installation of commercial refrigeration for FY24 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 l of 6: Goods and Services Agreement between the City of Ashland and Applied Refrigeration Technology,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 businessthat 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 $25,335.05 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 7/12/23 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$3,000 (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 compehsation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount()Mork 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 Applied Refrigeration Technology,Inca • 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. ,• • 3.4" This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this. Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of.any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party ' expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims,suits,actions, losses,damages,liabilities,costs,and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. • 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions,but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,.preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. • 3.11 Deliveries will be F.O.B destination.Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. • 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price,as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part.This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,ORS Chapter 72(UCC). Page 3 of 6: Goods and Services Agreement between the City of Ashland and Applied Refrigeration Technology,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 July 12,2023. 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 Provider is in default of this Agreement,City may,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, .or declaratory or injunctive relief; • 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term • This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"), and shall continue in full force and effect until June 30, 2024,unless sooner ,terminated as provided in Subsection 6.2. • • 6.2 Termination . . 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty(30)days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion.. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen(14)days'prior written notice if the cause is not cured within that fourteen(14)day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,.by sending via a reputable commercial overnight courier, or Page 4 of 6: Goods and Services Agreement between the City of Ashland and Applied Refrigeration Technology,Inc. • 1 • • 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 Phone:(541)488-5350 • If to Provider: Applied Refrigeration Technology,Inc: • Attn:Phoebe Pidretti 541-830-5516 8. WAIVER OF BREACH . • One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS, 9.1 Provider represents and warrants to the City that:' 9.1.1 Provider shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i) All tax laws of the,State of Oregon, including but not limited to ORS 305.620 and ORS ' chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement; has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; • (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty,as set forth in this Article 9,shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity._ Page 5 of 6: Goods and Services Agreementbetween the City of Ashland and Applied Refrigeration Technology,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: Applied Refri oration Technology,Inc.(PROVIDER): By: =A1�� By: r.1 Signature n eon' u� Ra'ten D-ESoci-1 ' Printed Name Printed Name ouzo t-trc ___ Pf ri c 1pc / Title Title • 1.I C. 23 7(27 z3 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. • • • • • • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Applied Refrigeration Technology,Inc. 4 7-Z APPLIED I-e'g l 23 REFRIGERATION TECHNOLOGY- Commerical • Industrial • Sales •Service • Installation 541-830-5513 Greetings, Our rates are as follows: Regular Labor per hour: $119.00 Overtime Labor per hour: $178.50 Truck/Fuel Surcharge: $50/$75 ' • Thank you, Phoebe Pidretti Office Manager 541-830-5516 phoebe@appliedrefrigeration.net • • ACa CERTIFICATE OF.LIABILITY INSURANCE DATE(MM/DDNYYY) 09/02/2022 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 Michelle Ely Hart Insurance Agency - Medford PHONE FAX PO Box 1240 (A/C.No.Ext): (541) 779-4232 (A/C,No): • • ADDRESS: mely@hartinsurance.com Grants Pass OR 97528 • • • INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:SAIF Corporation 36196 INSURED • INSURER B: • Applied Refrigeration Technology Inc • INSURER C PO Box 1628 " INSURERD: Medford OR 97501 INSURERE: • INSURER F: COVERAGES ME CERTIFICATE NUMBER:Cert ID 23648 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD. POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE •• $ DAMAGE TO RENTED ' • CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ • • PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE' $ POLICY PRO JECT LOC PRODUCTS-COMP/OPAGG $ • OTHER: • $ AUTOMOBILE LIABILITY COMBINED SINGLELIMIT $ (Ea accident)• ANY AUTO • BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB • OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ A NDWORKERS EMPLOYERTIONS' Y/N 945919 10/01/2022 10/01/2023 R PER EERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ .1,000,000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland - Public Works • 90 North Mountain Ave AUTHORIZED REPRESENTATIVE Ashland OR 97520 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 ® DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 08/04/2022 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. --i' 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 I Michelle L Ely Hart Insurance Agency - 'Medford PHONE FAX PO Box 1240 INC,No.Extt: (541) 779-4232 (A/C,No): . ADDRESS: mely@hartinsurance.com " Grants Pass OR 97528 . . INSURER(S)AFFORDING COVERAGE NAIC# • ' INSURERA:Cincinnati Casualty Company 28665 INSURED INSURER B: • Applied Refrigeration Technology Inc • INSURER C: PO Box 1628 INSURERD: ` Medford OR 97501 INSURERE: . (541) 830-5516 INSURERF: COVERAGES Mw CERTIFICATE NUMBER:Cert ID 20511 - 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. INSRTYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGECLAIMS-MADE X OCCUR Y ECP 0159890 09/23/2021 09/23/2024 PREMSESO(Eaoccu RENTED $ 1,000,000 • MED EXP(Any one person) $ 10,000 • PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO EBA 0159890 09/23/202109/23/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED • BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ' AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR ECP 0159890 09/23/2021 09/23/2024 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 • $ WORKERS COMPENSATION• AND EMPLOYERS'LIABILITY Y I N--- PER .ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under ' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ' ) $ $ . DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,,may be attached if more space is required) Certificate holder is listed as additional insured where required by written contract per attached form GA472 05/20 1 • 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 - Public Works ACCORDANCE WITH THE POLICY PROVISIONS. • 90 North Mountain Ave • AUTHORIZED REP,RESENTATIVE Ashland OR 97520 1 ^* • �'�' . I • ©1988-2015 ACORD CORPORATION. All rights reserved. ' ACORD 25(2016/03.) The ACORD name and logo are registered marks of ACORD • Page 1 of 1 • , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, • PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only it Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or- "property damage" included sured any person or organization you ' within the "products-completed have agreed in writing in a contract or operations hazard"; end agreement to add as an additional in- , sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations- hazard" "personal and advertising injury" - for that persoh or organization. caused, in whole or in part, by the performance of your ongoing opera- _ If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement.Ongoing operations does within the "products-completed oper- not apply to "bodily injury"or"proper- atibns hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- ports' xparts' or equipment furnished in- piration of that period of time in order connection with such work, on�' for this insurance to apply. the project (other than service, •maintenance or repairs) to be If the written contract or written performed by or on behalf of the , agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form • number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended • coverage included within the "prod- use by any person or organiza- 1 ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to • tor or subcontractor engaged in that person or organization. performing operations for a grin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and • ment described in Paragraph 1. above. specifically requires you to provide addi- b. "Bodily injury" or "property damage" , tional insured coverage to that person or caused, in whole or in part, by'your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- - tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1,of 3 b. By way of an edition of an ISO addi- 2. With respectto the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in "property by in Paragraph A.1.a. and/or Para- a. "Bodily injury", damage or graph A.1.b. above, whichever applies, is "personal and advertising injury"aris- replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded.to nicipality; or the additional insureds described in Para- . graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" sion applies: included within• the "products • - completed operations hazard." This insurance does not apply to "bodily injury", ."property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the . described,in Paragraphs A.and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, induding: a. 2.. Will not be broader than that which you The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions; reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and • ings and specifications; or • b3. Does not apply to any person, organize- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- • dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" - additional insureds described in Paragraphs which caused,the "bodily injury" or "prop- A.and B.,the following is added to Section III' erty damage", or the offense which -Limits Of Insurance: caused the"personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A.does not apply to addi- ' agreement, written, permit.or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. B. Additional Insured -State Or Governmental and B. For the purpose of determining the • Agency Or Subdivision Or Political Subdi- required amount of insurance only,we will g y include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability•cover • - In Written Permits Or Authorizations age required for that additional insured in • 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or • sured any state or governmental agency 2. Available under the applicable limits of in: or subdivision or political subdivision you-, surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an "additional insured cable limits of insurance. only with respect to operations performed • E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi • - sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. . Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 J This insurance applies,only if the "bodily inju- scribed in Paragraph A. or B.that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury" offense is corn- surance available to the additional in- mitted: sured. 1. During the policy period;,and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B.• ' F. Except when G.below applies, the following is Primary And NoncontributoryWhen Required added to Section IV - Commercial General By Written Insurance Contract, Liability Conditions, Other. Insurance, and Agreement, Permit Or Authorization supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A.and B.provided that: Paragraphs A.and B.except: 1. The additional insured is a Named In- t. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2.. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or • scribed in Paragraph A. or B.that this in- 2. For any other valid and collectible insur= surance would be.primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case,this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other t of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or,Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that:• waived its right of recovery in a written con- t. The additional insured is a Named In- tract,written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing-in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20. Services Office, Inc., with its permission. Page 3 of 3