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2019-306 PO 20200249- Plant Oregon
Purchase Order rahCITY �� t � ; Fiscal Year 2020 Page: 1 of: 1 �-����j�� B City of Ashland !i i 9i36}y ri �t1ry�Lgl� ATTN: Accounts Payable Purchase 20200249 20 E. Main L Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E PLANT OREGON I 51 Winburn Way N 8677 WAGNER CREEK ROAD p -Ashland, OR 97520 O TALENT, OR 97540 Phone: 541/488-5347 R T Fax: 541/488-6006 SIEt Ei- rdk9 5[ li !3L [etri >�� L t "._.a t9 1 �il 3J� L '� --___ E.. je I ! = 1 _R4S'tt '=iSL its Idea aBro�/n��JT?I..1_ _ -- Paul 11/06/2019 2005 FOB ASHLAND OR/NET30 City Accounts Payable gtpL-3 � t�,�i�le(:L-=�aL-�. Roca Creek Restoration 1 Roca Creek sediment basin restoration, replanting and 1 $15,140.0000 $15,140.00 maintenance Goods and Services Agreement(Less than $25,000) , Completion date: 12/31/2020 • Project Account: • *************** GL SUMMARY*************** 086600-602400 $15,140.00 I I • • By: td,lir/AA Date: I VII Authorized Signature $15140,00 /1(14' VP )86.e....-e---1--" FORM #3 CITY OF Arequest for. Purchase Orrter ASHLAND REQUISITION ate of request: / 10/0212019 Vendor Name Plant Oregon Address,City,State,Zip 8677 Wagner Creek Road Talent,OR 97540 Contact Name David Bish Telephone Number 541-535-3531 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council:_ 0 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 - 1 Cooperative Procurement Less than$5,000 0 Request for Proposal (Copies on file) 0 State of Oregon • ❑ Direct Award Date approved by Council•_ Contract#__ ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement 0 Sole Source Contract# GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100,000 0 Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached 0 Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement $5,000 to$75,000 [=I Form#9,Request for Approval 0 Agency ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached .Date original contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council: 10/0212019 (Date) ❑ Form#4, Personal Services$5K to$75K Valid until: 12/31/2020 (Date) —(Attach copy ofcouncil communication) Description of SERVICES Total Cost ,r: Roca Creek sediment basin restoration,replanting and maintenance .'1'5;1,4,Q:OQ{- Item# Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL 7C�OSTt, 0 Per attached quotelproposal ',r$'.;t;`, '777 7 • . Project Number Account Number 'o 8 6 6 0 0.6 0 2 4 0 0 $_, 1 5, 1 4 0 .0 0 • w _ y Project Number _ _ _ Account Number - $_, , Project Number -_ _ Account Number - $_,- - -I- _ _._ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:\OlPaj eaJ fIM Department Head: /' 2�aGr 700�, ( q al t r greater than$5,000) Department Manager/Supervisor: City Administrator: i. ' (Equal to or gr-: ertthaan$25,000) Funds appropriated for current fiscal year: Q 9S / NO 0-41U 4 10 ifA(ii Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT.(LESS THAN$25,000) PROVIDER: Plant Oregon CITY OF PROVIDER'S CONTACT: David Bish 1S HLAN D 20 East Main Street ADDRESS: 8677 Wagner Creek Road Ashland,Oregon 97520 Talent, OR 97540 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-535-3531 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Plant Oregon, an assumed business name ("hereinafter "Provider"), for Roca Creek sediment basin restoration,replanting and maintenance. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Roca Creek sediment basin restoration, replanting and maintenance 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. QV� O(yy\? 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including pers''al inj ry, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a"claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide • total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Plant Oregon 1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider for its Work at the hourly rates as set forth in Exhibit"A"(September 5, 2019 Plant Oregon Estimate), which is attached hereto and incorporated herein by this reference, as full compensation for Provider's performance of all Work under this Agreement. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$15,140.00 without express,written approval from the City official whose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 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. Page 2 of 5: Agreement between the City of Ashland and Plant Oregon 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 then at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" Page 3 of 5: Agreement between the City of Ashland and Plant Oregon • The Provider's complete written Estimate dated 09/05/2019. 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 12/31/2020, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty(30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E.Main Street Ashland,Oregon 97520 Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 Page 4 of 5: Agreement between the City of Ashland and Plant Oregon If to Provider: Plant Oregon Attn:David Bish 8677 Wagner Creek Road Talent,OR 97540 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. 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. Page 5 of 5: Agreement between the City of Ashland and Plant Oregon CITY OF ASHLAND: PLANT �, 11 GO t.��' ' �� I ER): By: aQ B „/".°°"*-. Signature Signature kit N- 1l. CIDat i Printed Name Printe Name Mkitt'in 12)ihit4TVIA-- CO —0 al AA/yr0)eZYKiflAW/7 I Title Title 10 kali 15 !pl� t� ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 5: Agreement between the City of Ashland and Plant Oregon Exhibit A Plant Oregon Estimate The Nursery on Wagner Creek 8677 Wagner Creek Road DATE ESTIMATE# Talent,OR 975401 541-535-3531 -•- Toll Free 800-853-8733 9/5/19 5474 FAX 541-535-2537 --•- e-mail Dan@plantoregon.com NAME/ADDRESS Ship To City of Ashland Kaylea Kathol,Project Manager 20 East Main Street City of Ashland-Public Works/Engineerin Ashland, OR 97520 51 Winburn Way,Ashland OR 97520 Roca Creek Sedimentation Pond TERMS REP Net 30 Dave ITEM QTY SIZE DESCRIPTION PRICE TOTAL 1.1 This estimate is for work on Roca Creek sediment basin as described in SOW. Complete project work. Restoration 1 each 1.2 Restoration labor and materials to remove black 2,240.00 2,240.00 plastic, sandbags, staples and hand sow the listed species Restoration 1 each 1.3 Planting Pallet, Size and Density, plants of species 1,680.00 1,680.00 discussed to accomplish task Restoration 1 each 1.4 Implementation, includes planting, willow stake 7,820.00 7,820.00 harvest and installation, tree guards, mulch squares, materials and labor Subtotal for installation, labor and materials 11,740.00 Labor- Dan 0 yrs Maintenance 3,360.00 0.00 It's a pleasure working with you! Thank you! TOTAL $11,740.00 Business Registry Business Name Search New Search Business Entity Data 09-112:139 12:13 Enti EntRegistry Next ity Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 318091-89 ABN ACT 10-27-1992 10-27-2020 Entity Name PLANT OREGON Foreign Name Affidavit? N New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 8677 WAGNER CRK RD Addr 2 CSZ TALENT bOR 197540 10000 (Country UNITED STATES OF AMERICA The Authorized Representative address is the mailing address for this business. Type REP AUTHORIZED Start Date 10-27 Resign Date REPRESENTATIVE 1992 Name DANIEL I 1BISH Addr 1 8677 WAGNER CRK RD Addr 2 CSZ TALENT IOR 197540 1 ICountryIUNITED STATES OF AMERICA Type REG1REGISTRANT I Name DAVID 1 IBISH Addr 1 8677 WAGNER CRK RD Addr 2 CSZ TALENT OR 97540 (Country UNITED STATES OF AMERICA Type REGIREGISTRANT Name DANIEL BISH Addr 1 8677 WAGNER CRK RD Addr 2 CSZ TALENT IOR 197540 1 CountrylUNITED STATES OF AMERICA New Search Name History Business Entity Name Name Name Start End Date Type Status Date PLANT OREGON EN CUR 10-27-1992 Please read before ordering Copies. New Search Summary History Image Action Transaction Effective Status Name/Agent Dissolved By Available Date Date Change REACTIVATION 03-29-2019 FI FAILURE TO 12-20-2018 SYS RENEW 0 RENEWAL OF 09-19-2016 FI REGISTRATION RENEWAL 09-23-2014 SYS PAYMENT REACTIVATION 04-15-2013 FI FAILURE TO 10-28-2012 SYS RENEW RENEWAL OF 10-01-2010 FI REGISTRATION RENEWAL OF 10-06-2008 FI REGISTRATION RENEWAL 10-03-2006 SYS PAYMENT RENEWAL 09-23-2004 SYS PAYMENT RENEWAL 09-17-2002 SYS PAYMENT STRAIGHT 10-11-2000 FI RENEWAL STRAIGHT 09-16-1998 FI RENEWAL STRAIGHT 10-10-1996 FI RENEWAL AMENDED 09-22-1994 FI RENEWAL NEW FILING 10-27-1992 FI New Search Counties Counties Filed Jackson Counties Not Filed (but not necessarily available) Baker, Benton, Clackamas, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Grant,Harney, Hood River, Jefferson, Josephine, Klamath,Lake, Lane, Lincoln, Linn, Malheur,Marion, Morrow, Multnomah, Polk, Sherman, Tillamook, Umatilla,Union, Wallowa, Wasco,Washington, Wheeler,Yamhill © 2019 Oregon Secretary of State. All Rights Reserved. CITY OF FORM #9 I.S H LAN D §ITAMUL EP OCN/�"S E- ® JZM'14�3A ® ®R7 To: City Council, Local Contract Review Board From: Paula Brown, Public Works Date: 9/16/19 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085,this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works 2. Department Contact Name: Kaylea Kathol 3. Type of Request: Class Special Procurement ✓Contract-specific Special Procurement 4. Time Period Requested: From 10/1/19 To: 12/31/2020 5. Total Estimated Cost: $15,000 6. Short title of the Procurement: Riparian Restoration,Roca Creek Sediment Basin Supplies and/or Services or class of Supplies and/or Services to be acquired: Revegetation services will be acquired. Contractor will remove and legally dispose of existing blackberry suppression tarps and associated rubbish,will provide riparian vegetation specified by City, supply labor and materials to reseed and replant the site,including vegetation protection items like tree guards and plastic mulch,and will provide a year of establishment maintenance. 7.Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s), Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The City is implementing a comprehensive riparian restoration and shading program in waterways within City boundaries to comply with its Clean Water Act (CWA) obligation. A substantial amount of riparian restoration will occur on Parks-managed lands and will require limited application of herbicide to eliminate blackberries that have overtaken most riparian areas. APRC Form#9-Special Procurement—Request for Approval,Page 1 of 4,9/18/2019 granted the City a limited exemption to their pesticide ban and requested that the City make an effort to experiment with non-chemical options for blackberry control. The City identified the sediment basin at Roca Creek,in Evergreen Park, as an ideal pilot site for non- chemical blackberry treatment prior to riparian restoration. Non-chemical treatments of blackberry have been completed, and the site is ready for fall planting. The City reached out to Plant Oregon, who will be involved in the shading program as a sub-contractor, and requested a quote for revegetation of Roca Creek sediment basin. Plant Oregon quoted $11,740 for labor and materials for all site preparation and restoration,and an optional$3,360 for one year of maintenance ttaclkeo). Proposed procedure: The City is prepared to directly award a contract to Plant Oregon for$15,100. Plant Oregon will remove and legally dispose of the existing blackberry-elimination materials, which include black tarps that cover the banks, and the sandbags and staples that hold the tarps in place. Plant Oregon will then seed this site with a cover crop of grasses that will further suppress blackberry growth, and then plant the site with a pallet of willow, spirea, and hawthorn. These fast-growing riparian species were selected for their potential to out-compete blackberry. New plantings will be protected by squares of plastic mulch and plastic tree guards to prevent predation. Plant Oregon will maintain the site for a one-year period. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. This is an experimental/pilot site. Its purpose is to identify whether riparian restoration can be successful when non-chemical weed treatments are used. Because we will be comparing it to chemically treated sites,it is important that we keep as many factors consistent as possible between the two types of treatments. By utilizing Plant Oregon, the City can be assured of consistency in vegetation stock (including rearing, handling, and transport), site preparation, planting methods, and maintenance methods. It is therefore in the City's best interest to hire Plant Oregon to achieve the unique needs of this project. 9. Findings to Satisfy the Required Standards: This proposed special procurement: ✓ (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City's reason for seeking non-competitive award to Plant Oregon is not rooted in favoritism. This is the first time that the City's project manager(Kathol)has hired Plant Oregon—there is no historical record of hiring this contractor that could suggest favoritism is at play. The City rarely performs experimental/pilot projects, and even more infrequently do such projects involve riparian restoration. There is no reason to suspect that the unique needs of this project will diminish competition for future public contracts. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and (b)(i)will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or Form#9-Special Procurement—Request for Approval,Page 2 of 4,9/18/2019 • • ✓ (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055,279B.060,279B.065, or 279B.070,or any rules adopted thereunder because: ORS 279B.070 (intermediate procurement) is the only applicable rule listed above. It requires three informal quotes and allows the contracting agency to select the vendor who "will best serve the interests of the contracting agency, taking into account prices as well as consideration including, but not limited to, experience, ex.ertise, .roduct functionali , suitabili for a 'articular . •ose and contractor res.onsibili ". irk- gr-a'es ie ares Ta t a' is iuv ,ro'ee. 's o rc olicate flat a - i•is and ee, a clues sea b, ani*ego ® . Menem T3rtoj cc:. Plant Oregon provides a product and a service that meets the City's primary interest of "suitability for a particular purpose". It would be a poor use of staff time and vendor time to seek additional quotes when we've already determined that Plant Oregon is the most suitable vendor for replicating Plant Oregon. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement—Request for Approval,Page 3 of 4,9/1812019 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-[Enter date] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [Enter date] A request for approval of a Special Procurement was presented to and approved by the City Council,acting as the Local Contract Review Board,on[Enter date]. [Describe the goods and services—or-class of goods and services—include whether or not it's "Contract-specific special procurement"or a "class special procurement", cost, terms, etc. —brief explanation of procurement] [Describe the alternative contracting procedure—include the time period requested] It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,[Enter department name, Contact name, and complete address]. The seven(7)protest period will expire at 5:00pm on [Enter date-seven calendar days from first date of publication] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement—Request for Approval,Page 4 of 4,9/18/2019 Council Business Meeting October 1 , 2019 Agenda Item Special Procurement— Riparian Restoration at Roca Creek Sediment Basin From Kaylea Kathol I Public Works Project Manager Contact Kaylea.kathol a(�ashland.or.us; (541) 552-2419 SUMMARY Before the Council is a special procurement for riparian restoration services to be performed at the Roca Creek sediment basin, located in Evergreen Park at the corner of East Main Street and North Wightman Avenue. This special procurement will facilitate a pilot study on the effectiveness of a pesticide-free approach to restoring degraded riparian areas. The contract includes a process to remove and dispose of the existing blackberry- elimination materials,which include black tarps that cover the banks, and the sandbags and staples that hold the tarps in place; seeding the site with a cover crop of grasses to further suppress blackberry growth, and then plant the site with a mixture of willow, spirea, and hawthorn. These fast-growing riparian species were selected for their potential to out-compete blackberry. The contractor will also maintain the site for a one-year period. POLICIES,PLANS & GOALS SUPPORTED Council Goals: Essential Services: Stormwater Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION None BACKGROUND AND ADDITIONAL INFORMATION A Special Procurement sourcing method is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The Special Procurement Approval Request Form with written findings is attached for your review and consideration. The City Council, acting as the Local Contract Review Board,may approval this request for a Special Procurement if it is determined,based on written findings,that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060,279B.065, or 279B.070. FISCAL IMPACTS This special procurement will cost$15,100. The Roca Creek sediment basin is a structural component of the City's storm sewer system.Funds are budgeted each fiscal year for repairs and maintenance of stormwater infrastructure. STAFF RECOMMENDATION Staff recommends City Council, acting as the Local Contract Review Board, approve this Special Procurement. Page 1 of 2 CITY OF ASH LAN D ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve the Special Procurement which will allow a public contract to be directly awarded to Plant Oregon for this pilot riparian restoration services. 2. I move that staff solicit bids in accordance with the procurement requirements set forth in AMC 2.50. REFERENCES &ATTACHMENTS Attachment 1: Form#9, Special Procurement, Request for Approval (Written Findings) Attachment 2: Proposal from Plant Oregon Page 2 of 2 CITY OF ASHLAND � l ® ACORo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW) 10/17/2019 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 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 Protectors Insurance, LLC PHONE Kendall Pori FAX P.O. Box 4669 INC.No.Ext):541-842-2963 (A/c,No):541-772-1906 Medford OR 97504 E-MAILDSS: kendallp@protectorsins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:SAIF Corporation 524113 INSURED BISH-01 INSURER B:North Pacific Insurance Co 23892 Daniel Bish&David Bish INSURER c:Ohio Casualty Insurance 24074 dba; Plant Oregon Landscapes 8677 Wagner Creek Road INSURER D: Talent OR 97540 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2117935612 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 WLIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C GENERAL LIABILITY Y Y BK057709755 4/3/2019 4/3/2020 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO LOC JECT $ B AUTOMOBILE LIABILITY A06104726 4/3/2019 4/3/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS X H RT DSAUTOS X AUTOS ED (Per accidentDAMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 733679 4/1/2019 4/1/2020 X WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) LCB license#8595 Pesticide license#Ag-L1033359CPO Certificate holder is additional insured per policy endorsement CG8810 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, Oregon ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG Eli 10 04 13 With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by THIS ENDORSEMENT CHANGES THE POLICY.{'LEASE READ IT CAREFULLY, the endorsement. • A. NON•OWNED AIRCRAFT COMMERCIAL GENERAL LIABILITY EXTENSION Under Paragraph 2.Exclusions of Section I•Coverage A•Bodily Injury And Property Damage Liability, exclusion g.Aircraft.Auto Or Watercraft does not apply to an aircraft provided: This endorsement modifier Insurance provided under the following: 1. h isnot owned by any Insured; COMMERCIAL GENERAL LIABILITY COVERAGE PART 2. It is hired,chartered orlooned with a trained paid crew; 3. The pilot in commend hotdsa currently effective certificate,issued by the duly constituted authority of Yl DEX the United States of America or Canada,designating her or him a commercial or airline pilot and 4. II Is notbeing used to carry persons or propertyfor a charge. SUBJECT PAGE However,the Insurance afforded by this provision does not apply if there Is available to the Insured other valid and collectible Insurance,whether primary,excess(other than Insurance written to apply specifically NON-OWNED AIRCRAFT 2 In excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. NON-OWNED WATERCRAFT 2 B. NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY-ELEVATORS 2 Under Paragraph 2.Exclusions or Section I•Coverage A-Bodily injury And Property Damage Liability, EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) 2 Sub paragraph 12)of exclusion g.Aircraft,Auto Or Watercraft Is replaced by thetollowing: This exclusion does not apply to: MEDICAL PAYMENTS EXTENSION 3 (2) A watercraft you do not own that is: EXTENSION OF SUPPLEMENTARY PAYMENTS•COVERAGES A AND B 3 (e) Less than 52 feet long;and (b) Not being used to carry persons or property for a charge. ADDISIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 3 C. PROPERTY DAMAGE LIABILITY•ELEVATORS PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION S 1. Under Paragraph 2.Exclusions of Section I'Coverage A-Bodily Injury And Property Damage!Jabll. Hy,Subparagraphs(3),(4)and(8)of exclusion I.Damage To Property do not apply Rauch"property ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE' 6 damage"results from the use of elevators.For the purpose of this provision,elevators do not Include vehicle lilts.Vehicle lifts are lifts or hoists used in automobile service or repair operations. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION•MANAGEh1ENT EMPLOYEES 6 2. The following Is added to Section IV•Commercial General Liability Conditions,Condition 4.Other Insurance,Paragraph b.Excess Insurance: NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 The Insurance afforded by this provision of this endorsement Is excess over any property insurance, whether primary,excess,contingent mon any other basis. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) XNOWLEDGEOF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 If Damago To Premises Rented To You Is not otherwise excluded from this Coverage Part; LIBERALIZATION CLAUSE 7 I. Under Paragraph 2.Exclusions of Section I-CaverageA-Bodily injury and Property Damage Liability, a. The fourth from the last paragraph of exclusion J.Damage To Property Is replaced by the follow. BODILY INJURY REDEFINED 7 Ing: EXTENDED PROPERTY DAMAGE g Paragraphs(1),(3)end(4)of this exclusion do not apply to"property damage"(other than damage by fire,lightning,explosion,smoke,or leakage from an automatic Ere protection system)to: WAIVER OF TRANSFER OFF RIGHTS OF RECOVERY AGAINST OTHERS TO US• 0 (1) Premises rented to you for a period of or fewer consecutive days;or WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU f7 Contents that you rent or lease as part ole premises rental or lease agreement for a period of more than 7 days. Paragraphs(i),(3)and(4)of this exclusion do not apply to"property damage"to contents of premises rented to you fora period of 7 or fewer consecutive days. A separate limit of Insarence applies to this coverage es described In Section III•Limits of Insurance. 0 201311bady Mutual rnscranee ®2013 Liberty sruNslrnscranae CQ lig 10 04 13 Lashes coerriattod materia,ofimonrce services stere,lna,n'arles permission. Page 1 of 8 CO 88 10 04 13 Nchtaeswpyr1210.4natedilorkrone.SeMces nffx.a.W.,»rch its perr.Jssloo. Page 2of8 b. The last paragraph of subsection 2.Exclusions Is replaced by lhetoliowing: b. Premises or facilities rented by you or used by you;or Exclusions e.through n.do not apply to damage by tire,lightning,explosion,smoke or leakage from automatic fire protection systems to premises while rented to you or temporariiyoccupled by 0. The maintenance,operation or use by you of equipment rented or leased to you by such person or you with permission of the owner.A separate limit of insurance applies to Damage To Premises organization;or Rented To You as described in Section ill•Limits Of Insurance. d. Operations performed by you or on your behalf for which the state or political subdivision has 2. Paragraph 6.underSeetfon111-Limits Of insurance is replaced bythe following: Issued a permit subject to the lollowtng additional provisions; E. Subject to Paragraph 6.above,the Damage To Premises Rented To You Limit Is the most we will (1) This Insurance does not apply to"bodily Injury","property damage",or"personal end ad- pay under Coverage A for damages because of"property damage to: vertistng injury"arising out of the operations performed for the state or political subdivision; a. Any one premise: (2) This Insurance does not apply to"bodily Injury"or"property damage"Included within the (11 While rented to you;or "completed operations hazard". (2) While rented to you or temporarily occupied by you with permission of the owner for (3) Insurance applies to premises you own,rent,or control but only with respect to the following damage by fire,lightning,explosion,smoke or leakage from automatic protection syr• hazards: toms;or b. Contents that you rent or lease as part of a premises rental or lease agreement. (a) The existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,canopies,cellar entrances,coal holes,driveways,manholes.marquees. 3. As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO hoist away openings,sidewalk vaults,street banners,or decorations and similar expo- YOU(Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: sures;or 9.a.A contract fore lease of premises.However,that portion of the contract for a lease of premises (h)The construction,erection,or removal of elevators;or that Indemnifies arty person or organleadan for damage by fire,lightning,explosion,smoke,or (c) The ownership,maintenance,or use atony elevators covered by this insurance. leakage atom automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner,or for damage to contents of such premises However: that ere Included In your premises rental or lease agreement,Is not en'Insured contract". 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and E. MEDICAL PAYMENTS EXTENSION 2. If coverage provided to the additional insured Is required by a contract of agreement,the!mer- it Coverage C Medical Payments Is not otherwise excluded,the Medical Payments provided by this policy ance afforded to such additional Insured will net be broader than that which you ere required by are amended as follows: the contract or agreement to provide for such additional Insured. Under Paragraph I.Insuring Agreement of Section l•Coverage C•Medical Payments,Subparagraph With respect to Paragraph 1.a.above,a person's or organization's status as an additional insured (h)of Paragraph a.is replaced by the following: under this endorsement ends when: (h)The expenses are incurred and reported within three years of the date of the accident;and (I) All work,including materials,parts or equipment furnished in connection with such work,on F. EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES AANDB the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insureds)at the location of the covered operations has been completed;or 1. Under Supplementary Payments-Coverages Aand B,Paragraph 1.b.Is replaced by the ioflovdng: (2) That portion of"your work"out of which the Injury or damage arises has been put to Its b. tip to$3.000 for cost of bail bonds required because of ecelden[s or traffic law violations arising Intended use by any person or organization other than another contractor or subcontractor out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have engaged In performing operations fora principal as a part of the same project to furnish these bonds. With respect to Paragraph Lb.above,a person's or organization's status as an additional Insured 2. Paragraph 1.d.is replaced by the following: under this endorsement ends when their written contract or written agreement with you for such D premises or facilities ends. d. Alt reasonable expenses incurred by the Insured at our request to assist us In the investigation or With respects to Paragraph t.e,above,this Insurance does not apply to any"occurrence"which takes offense the claim or"suit",including actual loss of earnings up to$600 a day became of time place after the equipment rental or lease agreement has expired or you have returned such equipment off fromwork. to the lessor. G, ADDITIONAL INSUREDS•BY CONTRACT.AGREEMENT OR PERMIT The insurance provided by this endorsement applies only if the written contract or written agreement 1. Paragraph 2,under Section II•Who Is An Insured Is amended to Include as an insured any person or In signed prior to the'bodily Injury"or"property damage'. organization whom you have agreed to add as an additional Insured In a written contract,written We have no duty to defend an eddtlonal Insured under this endorsement until we receive written agreement"bodilyb permit.n Such p o er or organization is ru gal and aInsured advertising but only with In whole to notice of a"suit"by the additional Insured es required In Paragraph b.of Condition 2.Duties In the arts liability torby: Injury","property damage"or"personal and advertising Injury"caused In whole Event Of Occurrence,Offense,Claim Or Suit under Section IV•Commercial Genera(Liability Condi- Hons. e. Your acts or omitslons,or the acts or omissions of those acting onyoUr behalf,in the performance of your On going operations for the additional Insured that are the subject of the written contract or written agreement provided that the"bodily Injury"or"property damage"occurs,or the"per- sonal and advertising Injury"Is committed,subsequent to the signing of such written contract or written agreement or 0 2513 Melly Mutual Insluance CO 88100413 Lxdades eanrriahredmarertsl of Msurence Sarvias Duce,Inc,cyn is permisc'aa Page 3 of 8 0 203 Deena Maraell"surance . , 2. With respect to the Insurance provided by this endorsement,the following are added to Paragraph 2. b, The following Is added to Paragraph b.Excess Insurance: Exclusions under Section I•Coverage A•Bodily Injury And Property Damage Liability, lens Insurance does net apply to: When a written contract or written agreement,other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement,or permit Issued by a state or political a. 'Bodily injury"or°property damage"arising front the sole negligence of the additional Insured. subdivision between you and an additional insured does not require this insurance to he primary or 'BodilyInjury"or"properly dams e'that occursprior to you commencing operations at the primary and noncontributory,this insurance Is excess over any other Insurance for which the addi- b. I ry" 9 Donal insured Is designated as a Named insured. location where such"bodily Injury"or"property damage"occurs. 0. •Bodily Injury","property damage"or"personal and advertising injury"arising out of the render. Regardless of the written agreement between you and an additional Insured,this Insurance Is excess over any other Insurance whether primary,excess,contingent or on any other basis for which the Ing u or the failure to render,any professional architectural,engineering or surveying services, additional Insured has been added as en additional Insured on other policies. Including: (1) The preparing,approving,or falling to prepare or approve,maps,shop drawings,opinions, 1. ADDITIONAL INSUREDS•EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" reports,surveys,field orders,change orders or drawings and specifications;or This provision app ties to any person or otganization who qualifies as an additional Insured under any form (2) Supervisory,Inspection,architectural or engineering activities. or endorsement under this policy. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in I. The following is added to Condition 2.Duties In The Event D[Occurrence,Offeree,ClaimerSutt: the supervision,hiring,employment,training or monitoring of others by that Insured,If the"occur- rence"which caused the"bodily injury"or"property damage",or the offense which caused the An additional insured underthls endorsement will unseen a s practicable: "personal and advertising injury",involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services. e. Give written notice of an"occurrence"or an offense that may result In a claim or"suit"under this Insurance to us; d. 'Bodily injury"or'property damage"occurring after; b. Tender the defense and Indemnity of any claim or"suit"to all Insurers whom also hove (I) All work,Including materials,parts or equipment furnished In connection with such went.en Insurance available to the additional Insured;end the project(other than service,maintenance or repairs)to be performed by even behalf of the c. Agree to make available any other insurance which the additional Insured has for a toss we additional Insured(s)et the location of the covered operations has been completed;or cover under this Coverage Part. {2) That pardon of"your work"out of which the injury or damage arises has been put to Its d. We have no duty to defend or Indemnify en additional Insured under this endorsement anti Intended use by any person or organization other than another contractor or subcontractor we receive written notice of a"suit"by the additional insured. engaged In performing operetie nafor eprincipal ass putt of the same project 2. The limits of Insurance applicable to the additional insured are those specified In a written contract e. Any person or organization specifically designated asap additional Insured for ongoing operetlons or written agreement or the limits of Insurance as stated In the Declarations of this policy and by a separate ADDITIONAL INSURED•OWNERS,LESSEES OR CONTRACTORS endorsement is- defined In Section Ill•Limits of Insurance of this policy,whichever are less.These limits are sued by us end made a part ofthis policy. Inclusive of and not In addition to the limits of insurance available under this policy. 3. With respect to the insurance afforded to these additional Insureds,the following leadded to Section El J. WHO IS AN INSURED•INCIDENTAL MEDICAL ERRORS/MALPRACTICE -Limits Of Insurance: WHO IS AN INSURED•FELLOW EMPLOYEE EXTENSION•MANAGEMENT EMPLOYEES If coverage provided to the additional insured Is required by a contract or agreement,the most we will Paragraph 2.a.(I)ef Section D-Who is An Insured is replaced with the following: pay on behalf of the additional Insured tether amount of insurance: a. Requlredbythe contractor agreement;or (f) "Bodily Injury"or"personal and advertising injury": b. Awl/able under the applicable limits of insure nee shown In the Declarations; (a) To you,to your partners ormembers(if you are apartnership orjolntventure),toyour members(If whichever is less. you ere a limited liability company),to a co-"employee"while in the course of his or her employ- This endorsement shall not incree se the applicable Limits of Insurance shown In the Declarations. merit or performing duties related to the conduct of your business,or to your other"volunteer workers"while performing duties related to the conduct of your business; H. PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION This revision applies to any person or or anizaton who qualifies es an additional Insured under any form {b)To the spouse,of,Paragraphra,parent,(a)brotheror sister of that co•"employee"or°volunteer worker"es a p pp / g q consequence (t)(a)above; or endorsement under this policy. (e) For which there Is any obligation to share damages with or repay someone else who must pay Condition 4.Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONOITIONS Is amend- damages because Mille Injury described In Paragraphs(1)(a)or(b)above;or ed en follows: (d)Arising out of his or her providing or falling to provide professional health care services.Howeve r, a. The following Is added to Paragraph a.Primary Insurance: If you are not In the business of providing professional health care services or providing profes- sional health care personnel to others,or if coverage for providing professional health care ser- If en additional Insured's policy has en Other Insurance provision making Its policy excess,and you vices is not otherwise excluded by separate endorsement,this provision(Paragraph(d)) t have agreed in a wrbten contract or written agreement to provide the additional Insured coverage en a apply primary and noncontributory basis,this policy shall be primary end we will not seek contribution from Paragraphs(a)end(b)above do not apply to"bodily Injury"or"personal and advertising injury"caused by the Male nal insured's policy for damages we toyer. an"employee"who Is acting Ina supervisory capacity for you.Supervisory capacity as used herein means • the"employee's'job responsibilities assigned by you,Includes the direct supervision of other"employ- ees"of yours.However,none of these"employees"are Insureds for"bodily Injury"or'personal and S'Ma LibeMAW Intorance CG 88 10 04 13 tIGPiinmpv,lorwdmatoealvl Mimerty o Swims Once,ax,waar:s permission Page 5 of8se 2013 tmeMax,reHwrehoe CO 88 10 04 13 Modes copyrighted materiel or W mnce Sen4es OTs,Inr_.wRh as W-rinOnOn Page B of 8 advertising Injury"arising out of their willful conduct,which Is denudes the purposeful or willful Intent to cause"bodily Injury"or'personal and advertising Injury",or caused In whole or in part by their Intoxlca• P. EXTENDED PROPERTY DAMAGE tion by liquor Or controlledsubrtences. Exclusion it.of COVERAGE A.2OOILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the The coverage provided by provision.1s excess over any other valid and collectable Insurance available to following: your"employee", a. Expected Or Intended Injury • K. NEWLY FORMED ORAODmONALLYACQUIRED ENTRIES -' "Bodily injury"or"property damage"expected or intended from the standpoint of the Insured. Paragraph 3.of Section]]-Who Is An Insured Is replaced bythe following: This exclusion does not apply to"bodily Injury"or"property damage'resulting from the use o1 3. Any organization you newly acquire or form and over which you maintain ownership or majority reasonable force to protect persons or property. Interest,will qualify as a Named Insured If there in no other simllar Insurance available to that 0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US•WHEN REQUIRED IN A organization.However: CONTRACT OR AGREEMENT WITH YOU e. Coverage under this provision Is afforded only until the expiration of the policy period in which the entity was acquired orformed byyou; Under Section tV•Commercial General liability Conditions,the following Is added to Condition 8.Trans. b. Coverage A does not apply to°bodily Injury"mar'prepurty damage"that occurred before you for Of Rights Of Recovery Against Others To Us: acquired or formed the organization;and We waive any right of recovery we may have against a person or organization because of paymentsvre c. Coverage B does not apply to"personal and advertising Injury°arising out of en offense make for tnjury or damage arising out of your ongoing operations or"your work"done under a committed before you acquired or formed the organization. contract with that person or organization and included In tho"products-completed operations hazard" d. Records and descriptions ofoperations must be maintained by the first Named Insured. provided: 1. You end that person or organization have agreed In writing in a contract or agreement that you No person or organization Is an insured with respect to the conduct of any current or past pa rinses hip,Writ waive such rights against that person erorganizetion;and venture or limited liability company that is not shown as a Named Insured In the Declarations or qualifies as an Insured under this provision. 2. The lrnjary or damage occurs subsequent to the execution of the written contract or written agree- ment. L FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV•Commercial General Liability Conditions,the following Is added to Condition 8.Re pew septations: Your failure to disclo90 ell hazards or prior"occurrences"existing as of the inception date of the policy chat not prejudice the coverage afforded bythis polity provided such failure to disclose all hazards or prior'occurrences"Is not Intentional, M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Under Section IV-Commercial General liability Conditions,the following is added to Condition 2.Dulles MTh°Event of Occurrence,Offense,Clear Or Suit: Knowledge of an"occurrence",offense,claim or"suit"by an agent,renant or"employee"of any Insured shall not In Itself constitute knowledge of the Insured unless en Insured listed under Paragraph I.of Section 11-Whe is An insured ora person who has been designated by them to receive repent of °occurrences',offenses,cfatrrts or"suits'shall have received such notice from the agent,servant or °employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your poscywill automatically provide the coverage as of the day the revision Is effective In your state. 0. BODILY INJURY REDEFINED Under Section V•Befinitrene,Definition 3.Is replaced by the following: 3. 'Bodily Injury"means physical Injury,sickness or disease sustained by a person.This Includes mental anguish,mental Injury,shock,fright or death that results from such physical Injury,sick- ness or disease. O 2013 Liberte Withal N.smenca9 2a1]L3ertya'"<vd6 puanra CO 88 10 04 13 eavdcaevprlo`red material of know.Simko.Otene,lre,wih its parm;sslon Page Tof8 rn vv se ria sv r-...+...-.e,+,..,.+.,..,.n.t"rr..,.,,r,',sn vkea Office.tu.wichks mrmtsrtvn Page8 of 8 CITY OF ASHLAND Memo DATE: October 22,2019 TO: Paula Brown,Director of Public Works FROM: Kaylea Kathol,Project Manager RE: Low Risk,Less Stringent Insurance Coverage It is my intention to hire Plant Oregon to provide nursery stock and planting services at the Roca Creek sediment trap(corner of E Main and N Wightman). Plant Oregon carries insurance coverages that are lower the City's standards, including$1M general liability(City requires $2M)and$1M automobile liability(City requires $2M). I believe the City's requirements are not necessary for this project based on the reasons provided below. General Liability It is my opinion that the contractor will be performing work that does not present a risk to the public. They will be planting vegetation in an area that is not readily accessed by the Public. Their work,which will include digging,planting, and spreading seed,will be done chiefly by hand. Heavy equipment will not be present. Aerial platforms will not be used. The site will be dewatered, so there will be no risk associated with in-water work. Automobile Liability This project will not require the operation of a vehicle on City-owned property. For about 3 days,Plant Oregon will use a vehicle to transport workers and material to the job site. The vehicle will park in the public right-of- way on N Wightman,next to the sediment pond. Otherwise,no vehicle or heavy equipment use will be required for this job. I believe that the type of driving,the spatial extent of where an automobile will be operated,and the duration of automobile operations do not necessitate the City's requirement for$1M in coverage. Page 1 of 1