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HomeMy WebLinkAbout2021-044 Contract-Fregonese Associates FORM #3 CITY OF request kw ASHLAND A u REQUISITION Date of request: -112k4734:''' Required date for delivery: 07/30/2021,; Vendor Name FREGONESE ASSOCIATES Address,City,State,Zip 1525 SW PARK AVENUE,SUITE 200,PORTLAND,OR,97201 Contact Name&Telephone Number SCOTT FREGONESE/(503)228-5054 Email address scott@frego.com . SOURCING METHOD El Exempt from Competitive Bidding ❑ Invitation to Bid El Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached 1 _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# El Verbal/Written bid(s)or proposal(s), ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency - GOODS&SERVICES ❑ Applicable,Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES . Date approved by Corincil:_ ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until:_ - (Date) Description of SERVICES Total Cost E4 i YR+ � tON-CALL PLANNING SUPPORT SRVICES rNQ Q0C=Eb W.90{ a, <.� � 35000`.4 jos` 014--'r� y <' a'��i3 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal TO?AL COST,k Project Number Account Number 0 s 2 7 0 0-6 o 4 1 0 0L Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the.financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and softwp•purchases: Ito Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have bean satisfie, Employee: - 'Una.' Department Head: ..al to or greater than$5,000) Department Manager/Supervisor:. City Manager: I N (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to orgreater than$5,000) Date Comments: Form 113-Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to.$75,000 To: Adam Hanks,Interim City Manager From: Bill Molnar,Community Development Director Date: June17, 2021 . Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. Background The Community Development has several long range projects in progress that are scheduled for the FY 2021-2023 budget biennium including revisions to the commercial and employment zones for housing opportunities,revisions to the annexation ordinance, a housing production strategy,possibly the Croman Mill District rezone analysis and implementation of land use strategies for the Climate and Energy Action Plan(CEAP):Four of the five projects are from City Council direction and one project is required by new state legislation(i.e.,housing production strategy). In addition, staff anticipates additional ordinance amendment work coming from the current 2021 legislative session involving housing; . The Planning Division was reduced by 1 FTE Assistant Planning pbsition in the 2019-2021budget biennium because of General.Fund reductions. Atthe same time, development activity increased which subsequently increased the Current Planning program workload.New residential units increasedover the previous biennium by 11% and the value of all new building residential and commercial construction increased by 81%.As a result,resources were shifted from the Long Range Planning program to the Current Planning program for answering general inquiries,pre-application conferences,planning application review,building permit review and staffing an advisory comimission.In an effort to keep the ongoing long range projects moving forward,it may benecessaryto use a planning consultant to supplement staff resources.An"on-call"planning services contract is requested to fill in the long range planning work as needed. • Current development activity is expected to continue at or above current levels in the 2021-2023 budget biennium. The COVID-19 pandemic resulted in an increase in housing demand. In addition,the demand at the state and local levels for housing and homelessness analysis and policy is expected to continue. Housing and climate changes are expected to be one of the key issues in the 2021 session of the Oregon • Legislature and may result in mandatory studies and code amendments similar to HB 2001 Housing Choices and HB 2003 Housing Needs and Production from the 2019 legislative session. Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 2,6/22/2021 Pursuant to AMC 2.50.120(A);has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Fregonese Associate provides a wide range of planning services that can be used for the departments long range planning work. The firm's specialized capabilities that are not covered by staff are physical and financial feasibility analysis, scenario planning,visual preference surveying,and site and streetscape development renderings. Requested by: ti-. Date: 4:7 2"S/2.1)"Z- Dep. ent Head - Approved by: Date: Adam anks,Interim City Manager Comments: Form#4-Department Head Determinations to Procure Personal Services,Page 2 of 2,6/22/2021 • PERSONAL SERVICES AGREEMENT (GREATER THAN$25,000.00) CONSULTANT: Fregonese Associates CITY OF CONSULTANT'S CONTACT: Scott Fregonese ASHLAND 20 East Main Street ADDRESS: 1525 SW Park Ave., Suite 200,Portland, Ashland,Oregon 97520 OR 97201 Telephone: 541/488-5303 • Fax: 541/5522050 TELEPHONE: (503)228-5054 This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Fregonese Associates, a domestic professional corporation("hereinafter"Consultant"),for on-call planning support services. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,2023. 2. Scope of Work: Consultant will provide on-call planning support for the City of Ashland on an as needed time and materials,basis as more fully set forth in the Consultant's Proposal dated June 16,2021,which is attached hereto as"Exhibit A" and incorporated herein by this reference. • Consultant's services are collectively referred to in this Agreement as the"Work."'•. 3. Compensation: Cityshall pay Consultant the hourly rates as set forth in Exhibit A for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$35,000.00 without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and • accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Page 1 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND FREGONESE ASSOCIATES ' J Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor, equipment, and materials required for the proper performance of such Work. 6. Qualified Work: Consultant has represented,and by entering.into`this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered, licensed,or bonded by the State of Oregon, are so registered,licensed, or bonded. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in • furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 or more,Consultant 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.Consultant is also required to post the notice attached hereto as`Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify,save,and hold City,its officers,employees,and agents harmless from any and all losses, claims, actions,costs, expenses, judgments, or other damages resulting from injury to any person(including injury resulting in death), or damage(including loss or destruction)toproperty, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, costs,judgments, or other damages, caused solely by the gross negligence of City. • 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30)days'prior written notice delivered by certified mail or in person. -c. For Cause. City may terminate or modify this Agreement, in whole or in part,effective upon delivery of written notice to Consultant,or at such later date as may be established • by City under any of the following conditions: i. If City funding from federal,state,county or other sources is not obtained and Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND FREGONESE ASSOCIATES 1 continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing,then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City,by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails i to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b,c, or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement, 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with.ORS 656.017. Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITf OF ASHLAND AND FREGONESE ASSOCIATES 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void: Consultant 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 City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee.or subcontractor and City. 14. Default. The Consultant shall'be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement;institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors;or ceases doingbusiness on a regular basis of the type identified in its obligations under the Agreement;or,attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall,at its own expense;maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than$2,000,000 (two million dollars)per occurrence. This is to cover any,damages-caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. 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,Death,and Property Damage. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than$1,000,000 (one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)Without thirty(30) days' prior written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with , respect to Consultant's services to be provided under this Agreement.The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements, etc,shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND FREGONESE ASSOCIATES 16. Nondiscrimination: Consultant 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 any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant 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. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the tern 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 Consultant;and (iii) Any rules,regulations, charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,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 Consultant;and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. 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,by mailing using registered or certified United States mail,return receipt requested,postage prepaid,or by electronically confirmed at the address or facsimile number set forth below: . If to the City: Community Development • . � Attn: Maria Harris City of Ashland, 20 E.Main St. Ashland,Oregon 97520 Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND:FREGONESE ASSOCIATES 1 • With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,Oregon 97520 • Phone: (541)488-5350 If to Consultant: Scott Fregonese,Principal • Fregonese Associates 1525 SW Park Ave.; Suite 200 Portland, OR 97201 19. Governing Law. 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,andexpressly 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. 20. Amendments. This Agreement maybe amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations CIause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations,or other expenditure authority sufficient to allow City in the exercise of itsreasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE.PARTIES. NO WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT,MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATUREOF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, • AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND FREGONESE ASSOCIATES • • • 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C" and incorporated herein by this reference, IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective • .names by their duly authorized respresentatives as of the duties set forth below. • CITY OF ASHLAND: FREGONESE ASSOCIATES(CONSULTANT): BY: By: ignature Adam Hanks, City Manager Pro Tern , . Printed ante 7/2. 64, t.•• ( Date • Title • ?.7 / • tit . • Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) • • APPROVED AS TO FORM: • //A. • ,f es :7"j- Assistant City Attorney /24?-4 (;. ` D • ' 47' Date • • • fi Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND FREGONESE ASSOCIATES • • ti CITY Of .ASHLAND,,, •O'RE •:G -ON City of Ashlaind . LIVING ALL employers described WAGE below must comply with City - of Ashland laws regulating payment of a living wage. r • $15.96 per hour, effective June 301 2021. M , The;Liiving Wage is;adjusted;annually every June 30 by the Consumer Price index. • • Employees must be paid a portion of the business of of health care, retirement, living wage: their employer,If the 401K,and IRS.eligible • employer has ten or more cafeteria plans(including employees, and has received childcare)benefits to the ➢ For all hours worked under a financial assistance for the' employee's amount of wages. service contract between their project or business from the employer and the City of City of Ashland over > Note: For temporary and Ashland if the contract $22,310.46; • part-time employees,the exceeds$22,310.46 or more. Living Wage does not apply ➢ If their employer is the City of to the first 1040 hours worked > For all hours worked in a Ashland,including the Parks in any calendar year. For month, If the employee and Recreation Department. more details,please see Ashland Municipal Code spends 50%or more of the employee's time in that month > In calculating the living-wage, Section 3.12.020., working on a project or employers may add the value • For additional information: Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager, City Hall,20 East Main Street, Ashland, OR 97520,or visit the City's website at www.ashland.or.us. • Notice to Employers: This notice must be posted In areas where It can be seen by all employees. CITY OF ASHLAND EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consuitant,by and through its authorized representative,under penalty ofpetury,certifies that(a)the number shown On the attached W-9 form is.its correct taxpayer IIID(or is waiting for the number to,be issued to it and(b)Consultant is not subject to backup withholding because: (i)it is exempt from backup withholding,or(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of.a failure to report all interest or dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance.with its terms,(c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon,and Consultant has checked four or more of the following criteria that apply to its business. (1)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence,set aside as the location of the business. (2)Commercial advertising or business cards or a trade association membership are purchased for the business.. . (3)Telephone listing is used for the business separate from the personal residence listing. . (4)Labor or services are performed only pursuant to written contracts. (5)Labor or services are performed for two or more different persons within a period of one year. (6)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties,errors and omission(professional liability)insurance or,liability insurance relating to the Work or services to be provided. Co tan i s -gnature ( 1 267,1 Date Page 1 of_l: EXEM3IT C . • • DATE(MM/DDNYYY) A o® CERTIFICATE OF LIABILITY INSURANCE 05/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ' ' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES'NOT CONSTITUTE A CONTRACT BETWEEN'THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Ronnl Phillips ',- • ' • Elliott Powell Baden and Baker Inc. PHO No,Ext): (503)227-1771 • FAic,No): •(503)274-7644 • An ISU Network Member EMAIL •rphillips@epbb.com ADDRESS: • 1521 SW Salmon Street .INSURER(S)AFFORDING COVERAGE - NAIc fl. Portland OR 97205-1783 wsURERA: Sentinel Insurance Co,LTD 11000 • INSURED INSURERS: SAIF Corporation - . % 36196 ' FregoneseAssociates,Inc INSURER C: Ace American Insurance Co. .22667 . 1525 SW Park Ave,Suite 200 • • • INSURER D: . INSURERE: ." Portland - - OR 97201 INSURERF: . COVERAGES CERTIFICATE NUMBER: '21-22 GLA Um WC E&O' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD . INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH-RESPECT TO WHICH'THIS" CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . INSR - ADDL SUBR POLICY EFF POLICY EXP . LTR TYPEOEINSURANCE INSD WVD POLICY NUMBER ' ' (MMIDDIYYYY) (MMIDDIYYYY) • • LIMITS COMMERCIAL GENERAL LIABILITY 1,000,000 X EACH OCCURRENCE • $ _ CLAIMS-MADE n OCCUR • •PREM SESO(Ea oEccurrence) $ 1,000,000 • - MED EXP(Any one person) $ 10,000 A Y 52SBAPW4493 03/01/2021 03/01/2022 PERSONAL&ADVINJURY. " $ 1,000,000 ) GEN'LAGGREGATE LIMITAPPLIES PER: - - GENERALAGGREGATE .- $ 2,000,000: XPOLICY n JECT I]LOC - - PRODUCTS-COMP/OP AGG _ $ 2,000,000 ,_OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ' • (Ea accident ANYAUTO BODILY INJURY(Per peison) • $ A - OWNED SCHEDULED 52SBAPW4493 03/01/2021 03/01/2022 BODILY INJURY(Per accident) $ • AUTOS ONLY : AUTOS • • X HIRED X NON-OWNED PROPERTY DAMAGE -$ • _ AUTOS ONLY X AUTOS ONLY - (Per accident) $ X UMBRELLA LIAB X OCCUREACH OCCURRENCE • . $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 52SBAPW4493 . 03/01/2021• 03/01/2022 AGGREGATE $ 1,000,000 • • DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X STEATUTE ETH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT - $ 1',000,000 B OFFICER/MEMBER EXCLUDED? n N/A 900667 03/01/2021 03/01/2022 (Mandatory In NH). EL.DISEASE-EA EMPLOYEE ,$ 1,000,000 Eyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below _ . - EL DISEASE-POLICY LIMIT $' Professional Liability,Claims Made Each Claim • 4,000,000 C Retro Date:3/27/1998 G27571256 03/27/2021 03/27/2022 Aggregate Limit 1,000,000 Retention 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)' Please see attached SS0008 04/05 endorsement. • 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,&it's elected officers,-officials,&employees ACCORDANCE WITH THE POLICY PROVISIONS. • 51 Winbum Way - ' AUTHORIZED REPRESENTATIVE ,�/ Ashland OR 97520 I u � I "v`y•, ' ©1988=2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": - are also Insureds, but only with respect to their duties as trustees. a. Any Insured To any insured,except"volunteer workers". 2. Each of the following Is also an insured: b. Hired Person a. Employees And Volunteer Workers, To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your"employees",other c. Injury On Normally Occupied Premises than either your"executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally:occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the ''bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar.law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": . To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports_,or athletic, or joint venture),to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the -C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture, you"are an (c) For which'there is any obligation insured. Your members,your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or c. A limited liabilitycompany, you are an (b)above;or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or falling to provide professional only with respect to their duties as your health care services. managers. If you are not in, the business of d. An organization other than' a partnership, providingprofessional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured..Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10of24 Form SS 00 08 04 05 • V ' • BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, orover which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose •by you, any of your that occurred;or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With,respect to"mobile equipment"registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law,any person is an insuredwhile driving such c. Temporary 'Custodians Of Your _equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising,out of the to that person or'organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by • representative will have all your rights and , you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. `Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part: , your permission. Any other person or The insurance afforded herein for any: organization responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations as a named insured does not apply to respect to liability 'arising out of the operation of the watercraft, and only if no other injury or damage with respect to which an insured under this insurance is also an insurance of any kind is 'available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily Injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liabilitycompany, and over which you you or the employer of any person who is maintain financial interest of more than 50%of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a.. Coverage under this provision is afforded . The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed,'in a written policy period,whichever is earlier and Form SS 00 08 04.05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure 'to make such permit Issued by a state or •political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally , policy, provided the injury or,damage occurs ' undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with th'e distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required. by the contract, servicingor repair operations, agreement or permit. . except such 'operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of.the additional insured under this provision if such product; person or organization is included 'as an • additional insured by an endorsement issued (g).Products which, after distribution by us and made a part of this Coverage'Part, , or sale by you, have been labeled including all persons or organizations added or relabeled or used as a asadditional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors .(h) "Bodily injury" or "property Any parson(s)or organlzation(s)(referred to damage" arising out of the sole negligence of the vendor for its below'as vendor), but only with respect to own acts or omissions or those of. "bodily injury" or "property damage" arising its employees or anyone else out of"your products"which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides .coverage for "bodily injury" or • (i) The exceptions contained in "property damage" included within the ' Subparagraphs(d)or(f);or "products-completed Operations hazard". ' (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason. of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient,• part or container, This exclusion does not apply to entering into, accompanying , or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you•lease equipment; but only with respect to their liability for"bodily (c) Any physical'or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole Or in part, by your • (d) Repackaging, except when maintenance, 'operation or use, of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution,of parts under instructions from the'manufacturer, and then repackaged in the original container; . Page 12 of 24 Form SS 00 08 04 05 • BUSINESS LIABILITY COVERAGE FORM (2) With respect to the Insurance afforded e. Permits Issued By State Or 'Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but ''occurrence' which takes place after only with respect to operations you cease to lease That equipment.' performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from ( has issued:a permit. whom you lease land or.premiises, but (2). With respect to the insurance afforded only with respect to liability arising out . ' to these additional insureds, this of the.ownership, maintenance or use insurance does not apply to: of that part of.the land or•premises . (a) "Bodily'injury", "property damage" .. leased to you. or "personal and ' advertising (2) With respect to the Insurance afforded injury" arising out of operations to these- additional . insureds, this performed for the state . or insurance does not apply to: municipality;or (a) Any "occurrence" .which takes (b) "Bodily injury"or"property damage" place after you cease to lease that • included within the "products- land =or bea tenant in 'that completed operations hazard ' premises;or f. Any Other Party (b) Structural alterations;. new (1). Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations. performed by or..on . through •e. above, but only with behalf of such person• or respect to ;liability for "bodily injury", organization. ' "property damage" or, "personal and. . d. Architects,Engineers Or Surveyors advertising injury" caused, In whole or (1) Any architect,engineer,or surveyor,but in part, by your acts or omissions or only with respect to'liability for "bodily the.acts or omissions of those acting injury", "property damage" or"personal 'on your behalf: and advertising injury".caused,'in whole (a) In- the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) your behalf. •' owned by o!�n lyour rented toyou;premiseso (a) In connection with your premises;` (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard";but ongoing operations performed by ' only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to - 'to these additional Insureds, :the provide such coverage to following additional exclusion'applies: such additional insured;and This insurance: does not apply to (ii) This Coverage Part provides' "bodily injury", "property damage or coverage for"bodily injury" or .• "personal• and advertising injury" ' -property damage" included • arising out of the rendering:of or the within the. "products- failure to render any professional completed operations hazard".. services by or for you,including: (2) With-respect to the insurance afforded (a) The preparing,-.approving, or to these additional insureds,. this failure to prepare_ or approve,_ insurance does not apply to: i maps, shop drawings, opinions, "Bodily injury", "property damage" or. reports,: surveys, field orders, "personal and . advertising injury" change orders, designs or arising out of the rendering of, or the - drawings and specifications;or ' failure to. render, any .professional (b) Supervisory, 'inspection, architectural,engineering or surveying architectural or - engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 3 p BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, 'surveys, field orders, occupied by you with permission of the change orders, • designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. • applies,the most we will pay for the sum of all • The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D.— Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses • in Section E.-Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is aninsured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability = Subject to 2.b.above,the most we will pay for company that Is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown In the 'Declarations. 1. The Most We Will Pay The Limits of Insurance shown in the 5. Damage To Premises Rented To You Limit Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage"to any one premises,while b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning.or explosion; while rented to you or bringing"suits". • temporarily occupied by you with permission of 2. Aggregate Limits the owner. • The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To • a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations ihazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. .How Limits Apply'To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical • under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit Issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. • Page 14 of,24 Form SS 00 08 04 05 n BUSINESS LIABILITY.COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached •thereto demands, .notices, summonses .or. ' applies to any claim or"suit",the most we will pay legal papers received In connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or"suit". However, thisr paragraph does not apply to the Medical Expenses . : other information; limit set forth in Paragraph 3.above. (3) Cooperate with us. in the investigation, settlement of the claim or defense The Limits.of Insurance of this Coverage Part apply against the"suit';and separately to each consecutive annual period and to (4) Assist us; upon our request, in the any remaining period of less than 12 months;starting enforcement of-any right against any with the beginning of the policy period shown in the person' or,organization that may be Declarations; unless the policy period'is extended ry r after issuance for an additional period of less than 12 or le to the insured because: of iinsurance months. or damage to which: this insurance months: In that case, the additional period will be , may also apply., deemed part of the last preceding period for purposes . of determining the,Limits of Insurance. d. Obligations At The Insured's Own Cost E LIABILITY AND :MEDICAL EXPENSES No insured will,except at that insured's own :cost, voluntarily make a•payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1•. Bankruptcythan for,first aid,without our consent , Bankruptcy or insolvency of the insured or Of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim'or "suit" under this obligations under this Coverage Part. , Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by .other insurance available to an Offense,Claim Or Suit r additional insured, such additional insured a. Notice Of Occurrence Or Offense .must submit such claim or "suit"'to the other insurer for defense and'indemnity, - You or any additional insured must see to. However, this provision does:not apply to it that :we are, notified es soon as practicable of an "occurrence" or an the extent that you have agreed in a offense which.may result in a claim. To written contract, written agreement or the extentpossible,.notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and:where the"occurrence" insured's own insurance. . or offense took place; f. Knowledge Of An Occurrence;Offense, (2) - The names and addresses( of any Claim Or Suit. injured persons and witnesses;and , Paragraphs a. and b. apply to you or to (3) Thenature and location ofany injury any additional. insured only when such or damage arising 'out of the occurrence , offense, claim or suit is r. • "occurrence"or offense. .known to: .. b. Notice Of Claim (1) You or any additional insured that is If a.claim is made or "suit" is brought '. an individual; against any insured, you or any additional (2) Any partner, if you: or an additional insured must: .. insured is a partnership; (1) Immediately:record the specifics of the. . (3) .Any manager,if you or an additional Claim.or "suit' and the date received; -.. insured is a limited liability company; and (4) Any officer" insurance "exe ut o " or A c fB (2). Notify us as soon as practicable. manager,. if you or an additional You or any additional insured must see to insured is a corporation; it that ince receive a written notice of the . claim or"suit"as soon as practicable. (5) Any. trustee, if you. or. an additional p Insured is a trust or c. Assistance And Cooperation Of.The (6) Any elected or appointed official;if you Insured or.'an additional insured is a political You and any other involved insured must: , subdivision or public entity. ( Form SS 00 08 04.0.5 Page 15 of 24 ' - BUSINESS LIABILITY COVERAGE FORM : , , This Paragraph f. applies: separately to (3) We have issued this policy in reliance you and any additional-insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To' Disclose a. When this policy is certified as proof of Hazards financial responsibility:for the future under _ If unintentionally you should fail to disclose the :provisions ;of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisionsof the law to , because of such failure. ' the extent of the.coverage ;and limits of 7, Other Insurance insurancerequired by that law. b. With. respect to "mobile.equipment': to If' other valid and l collectible insurance is available for a loss we cover under this which this insurance applies, we .will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault:or other , coverage required by;any motor vehicle a. Primary Insurance law. We will provide the required limits.for This insurance is primary except when b. those coverages, below applies. If other insurance Is also 4. Legal Action Against Us • primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a 'suit" asking for damages from an This insurance is excess over any-of the Insured;or other insurance,whether primary, excess, b. To sue us on this Coverage.Form'unless contingent or any other basis:. all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on en'agreed settlement or on a final judgment similar coverage for"your work"; ' against an insured;'but we will not be liable for (2) Premises Rented To You ' damages.thet are not payable under the terms of That is fire, lightning or explosion this insurance or that are' in excess of the : h a' applicable limit of insurance. An agreed Insurance for premises'rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; 'claimant or the claimant's legal representative. (3) Tenant Liability . 5. Separation Of Insureds That is Insurance purchased by you to • Except with'respect to the Limits oaf Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage to premises rented in this policy to the first Named Insured, this _ to you or temporarily occupied by you insurance applies: with permission ofithe owner; a. As if each Named Insured were the only (4) 'Aircraft;Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance or use of aircra ,"autos"or watercraft to b. Separately to each insured against whom ftI e claim its mede'or"suit"is brought. the extent not subject to Exclusion g.of Section A.—Coverages. 6. Representations • (5) Property Damage To Borrowed a. When You Accept This Policy: Equipment Or Use Of Elevators • By accepting this policy,you agree: If the loss arises out of "property (1) The 'statements in the Declarations damage to borrowed equipment or are accurate and complete; , the use of elevators to the extent not (2) Those statements are 'based upon subject to Exclusion k. of Section A. representations you made to`us;and Coverages. Page 16:of 24 :Form SS 0008 04.05 ' • BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum Of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2). The total of all.deductible and self- added as an additional insured by that insured amounts under all that other • insurance;or insurance. • (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance , this Excess Insurance provision and was not That is other Insurance available to an bought specifically to apply in excess of the ' additional insured. Limits of Insurance , shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who Is an ;, If- all the other insurance. permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, ) (a) Primary Insurance When each Insurer contributes equal amounts Required By Contract until it has paid its applicable limit of • This insurance Is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other Insurance does not permit this Insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract ' a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written' agreement or part of any payment, including permit that this insurance is,: Supplementary Payments, we have made primary and non-contributory with under this Coverage Part,those rights are the additional insured's own transferred to us. The insured must do • insurance, this insurance is nothing after loss to impair them. 'At our primary and we will not seek request, the insured will bring'"suit" or contribution from that other transfer those rights to us and help us . insurance. enforce them This condition does not Paragraphs(a)and (b)do not apply to apply to'Medical Expenses Coverage. • other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this Insurance.is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"If any including Supplementary Payments, we • other insurer has 'a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other • also waivethat right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we'will be entitled to the insured's such person or organization In a contract, • rights against all those other insurers. agreement orpermit that was executed • prior to the Injury or damage. Form SS 00 08 04 05 .Page 17of24 , c BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL. INSURED 3. 'Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the persons) or organization(s) shown in the ' Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grahtor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract,Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to Include as an additional :. terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage .in this policy, except as shown in the Declarations as an Additional provided below; • Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or ', but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused,in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability persons)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional Insureds, this insurance whole or in part, by your acts or omissions or does not apply to any"occurrence"which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance , of your ongoing 5. Additional Insured - Owners Or Other operations;.or Interests From Whom Land Has Been b. In connection with your premises owned Leased, by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership,maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising .out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to:. after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease'to be a tenant in that construction Or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new • construction or demolition operations 6, Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or Organization. a. WHO IS AN INSURED under Section C.is amended, to Include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form'SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has Issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed at the vendors premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (g) Products which, after distribution (2) "Bodily injury" or."property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown in the - negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or"property damage"arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendors business and only if this Coverage Part (i) The Subparagraphs in graphs(d)or(f);or provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the "products-completed operations hazard". adjustments,tests or servicing •b. The insurance afforded to the vendor is thevendor has agreedto undertakes . make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This Insurance does not apply to: business, in connection with (a) "Bodily injury' or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2). This insurance does not apply to any reason of the assumption of insured person,or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages .that the ' container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; . products. (b) Any . express ' warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN•INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured In the product made intentionally the person(s) or organization(s) shown in the , by the vendor; Declarations as an Additional Insured. — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. .Premises they own, maintain or control instructions from the manufacturer, 'while you lease or occupy these premises. and then repackaged in the original container, - Form SS 00 08 04 05 Page 19 of 24. BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural. The limits of insurance that apply to additional alterations, new construction and demolition insureds,are described in Section D. -•Limits Of operations performed by or for thatperson or Insurance. organization: How.this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an addiitional insured is described in Contractors — ScheduledPerson Or the Other Insurance Condition in Section E. — • Organization Liability And' Medical Expenses General a. WHO IS AN INSURED under Section C.is Conditions.. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s). or organization(s) DEFINITIONS' shown in the Declarations as an Additional Insured-Owner, Lessees Or Contractors, ' ' 1• "Advertiisement" means the widespread public; ' but only with respect to liability for"bodily dissemination of informationor images that injury", "property damage". or "personal has the purpose of inducing the sale of goods, and advertising injury"caused, in whole or products or services through: in part; by your acts or omissions or the a. (1) Radio; acts or omissions of those 'acting g on your (2) Television; behalf: (1) In the, performance Of .your ongoing (3) Magazazinne; operations for the additional (4) . Mag insured(s);or (5) Newspaper; ' (2) In connection with "your work" b. 'The Internet,'but only that part of a web performed 'for'that additional insured site that is about goods, products or • and included within the "products- 'services'for the purposes of inducing the completed operations hazard", but sale of goods,products or services;or ' only if this Coverage Part provides c. Any other publication . that is given coverage for "bodily injury" or widespread public distribution. "property damage"included within the However,':advertisement"does not include ''hazard". operations hazard". a. The design,, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or. labeling :of any goods or these additional insureds, this insurance products;or does not apply to"bodily injury "property damage or "personal an advertising b: An, interactive conversation between or injuryarising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any Idea for an architectural, engineering or surveying "advertisement". services,including: 3: "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to "threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders,change orders,designs or 4; :"Auto" means a land motor vehicle, trailer or drawings and specifications;or `semi-trailer designed for travel on public -, (2) Supervisory, inspection, architectural roads, including.any attached machinery or or engineering activities:. equipment. But,"auto" does not include 10. Additional Insured - Co-Owner Of Insured "mobile equipment". Premises • . 5. "Bodily injury"means physical: • ' WHO, IS AN INSURED under Section C. is a. Injury; . amended to.include-as an additional insured b. Sickness;or ;the person(s) or Organization(s) shown in the c. Disease ' Declarations as an-Additional Insured — co, V Owner Of Insured Premises; but only with sustained by a person and,if arising out of the respect to their liability as co=owner of the above,mental anguish or death at any time. : premises shown in the Declarations. 6. "Coverage'territory"means: Page 20 of 24 Form SS 00 08 04 95 r-- FREGONESE . ® AS S OC IAT E S DATE June 16, 2021 TO Bill Molnar, Community Development Director Maria Harris, Planning Manager • FROM Scott Fregonese, Fregonese Associates, Inc. RE On-call planning support services Fregonese Associates is a premier land use planning firm in Portland, Oregon,with an ' award-winning track record of helping make better cities and regions since 1997. Our dynamic, multi-disciplinary team provides innovative solutions and technical expertise that help shape the way communities and regions grow in concert with their vision of the future.We specialize in comprehensive planning,scenario planning, GIS analysis, project management,visualizations, implementation strategies, and innovative public • engagement programs and materials.We have had tremendous success managing complex projects, engaging civic and community leaders, diverse groups of citizens and technical experts to develop feasible solutions to current issues and future growth.We strongly believe in engaging people in meaningful discussions about what they want for their future and in creating plans that can be implemented,.considering market and political realities to provide action-oriented strategies and solutions. Fregonese Associates will provide on-call planning support services for the City of Ashland on an as needed time and material basis.Services provided can include but are not limited to the following. • • Project management and meeting attendance/presentations(e.g., Planning Commission and City Council study sessions, meetings and public hearings) • Public Involvement(e.g., open house, neighborhood meeting, design workshop) • Project feasibility analysis(e.g.,,site specific, area,zone). • Scenario planning • Policy research analysis • Land use regulation development • Comprehensive planning and policy development • Economic development/project feasibility analysis • Infrastructure financing and/or technical analysis • Policy research and analysis 1525 SW Park Avenue,Suite 200 Portland,OR 97201 503-228-3054 Fax 503-525-0478 I • Urban design/site design/landscape architectural planning Fregonese Associates hourly billing rates are as follows. Principal $210 Sr. Planner $170 GIS Specialist $140 Planner $110 2