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2021-119 PO 20220118- Terrain Landscape Architecture, LLC
ps-` Purchase Order 9y y 1I' - o=s li3 ~�� C1 iii sem, ii�,__J j- Fiscal Year 2022 Page: 1 of: 1 , /rS$'RECO-..041 E 7 a 1101 -,1 Mach al,ii 7 B Ashland Parks Commission _,� � _ _ � ATIN: Accounts Payable Purchase L Ashland, OR97520 Order# 20220118 -r Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Parks Department E TERRAIN LANDSCAPE ARCHITECTURE, LLC H Admin Office N 33 N CENTRAL AVE STE 210 P 340 South Pioneer D Ashland, OR 97520 R MEDFORD, OR 97501 -r Phone: 541/488-5340 O Fax: 541/488-5314 v, .a T ,e_ _ Lill ai I =f S2L1ambi t F�17ISiOI� urn + a-Dt l c _�` _ _s.: - _-=';--14 _ _- _ ` Michael Black M$ =' iiietk elite-. =PEf- a` ___ Ei g1 'W.7:-=,g a-g ''- tom- tibb._- _ 09/01/2021 6127 FOB ASHLAND OR/NET30 Parks Accounts Payable _ �}'{(yy{�•_ 'GIJ4 ---._—.� -.- _ T 1'S'iii1'ioLiF--�7-5_m- .x.='_ '��.�'+�eE%ST00-1M,_!,_'-cd-14 r44._CysM. Design Services East Main Park 1 Design services for the development of East Main Park 1.0 $107,000.0000 $107,000.00 Personal Services Agreement • Completion date: March 30, 2022 Project Account: E-000742-100 $107,000.00 *************** GL SUMMARY*************** I 123000-704200 $107,000.00 9 $1 / - y By: lj < T g_ Date: � Authorize:"ignature , ,F=? = - 107 000.00 FORM 03 , CITY OF • 0 ri IQ l//es ASH LAN D .iil. ..i ilii :l L;l,':i; ..,- ;�; 1/ RlQUpSp` 'p©its Date of request: 05106/2021 , Required date for delivery: Vendor Name • Terrain Landscape Architecture Address,City,State,Zip 174 Hidden Land,'Ashland OR 97520 • • Contact Name&Telephone Number Piper von Chamfer 541-500-4776 Emelt address • piper@terrainarch.com _ SOURCING METHOD ❑ Exempt from Competitive Bidding ' ❑ Emergency ❑ Reason for exemption: 0 invitation to Bid . 0 Form 1113,Written findings and Authorization ❑ AMC 2,50 Date approved by Council:3/16/2021 : D-Written quote or proposal attached ❑ Written quote or proposal attached A (Attach copy of council communication) ' (If council approval required,attach copy of CC) ❑ Small Procurement D Request for Proposal Cooperative Procurement Not exceeding$5.000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract ii ❑ VerballWritten bids)or proposal(s) 0 Request for Qualillcations(Public Works) 0 Stale of Washington • Dale approved by Council: Contract# r (Attach copy of council communication) 0 Other government agency contract intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or B) Contract# Greater than$5.000 and less than$100,000 0 Written quote or proposal attached intergovernmental Agreement ❑ (3)Written bids&solicitation attached, 0 Form 114,Personal Services$51(to$751( Agency PERSONAL SERVICES 0 Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC.2.50.070(4) i ❑ (3)Wrillen proposals&sblicitallon attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council O Form#4,Personal Services$5K to$75K Valid unlit_ (Dale) approval required.(Attach copy of council communication) I Description of SiERVICIES Total Cost Design Services for the development of East Main Park . $ 107,000:00 , Item fR Quantity Unit Description of MATERIALS ' Unit Price Total Cost • • ❑ Per attached quotelproposal • TOTAL COST • 'Project Number 0.0 0,774 2. 1 0 0 Account Number 1 2 3 0 0 0.7 0!4 2 0 0 $ 07000.00 . Account Number - Account Number - • 'Expenditure must be charged to the appropriate account numbers for the financials to accuratelyregect 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 saitsged. Employee: /a1241" � d Department.Head:e AJ•k-u-.-"q—i-g22-- (E�tI�Lto.or-greate5than$5,000) Department ManagerlSupervlsor: City Administrator:• 111 •-�� ,/ b.7'(Equal 10 or greater than$25,000) Funds appropriated for current fiscal year: YES/NORM.; `.J'�—7) . Finance D rector:(Equal to orgioaterthan 55,000) Date Comments: I _ .__ • Form 113-Requisition , Legnl'Deparhrtetit'Review DOCUMENT.TRANSMrTTAL.AND CONTROL This foriniwill accompany the document tinou`gh the diaftmg,review,and signature-,piocesses,and will°, . be kept with,the City's final'executedncopyrof the document Required fie1'ds'are indicated in grayscale_, i D__'ocuinent:• .RFP East llisunlParkDevelopment Design Services (Include names ofp iriles to llte document) Type of Document;` Contract B' Lease 0' Easement , Deed,0' - - <IGA 0'; ( - f -Dept,Contac"t: .T i eWa ___ __ _ - ACTION REQUES.L'bD � Dept . Pbone: .'Ext ns7'_ .I1 - Reviews Draft E ', Date submitted to Legal: '1'0/23 0` __._- _ _- __ _ , 0: Approve fin`ahan"d:forward#o = it Draft'due by.;, = vrll re ,. ) , riless>>»dicated Zegaln hirn docrmrenttoyori Return Requested by Tara- ewet; -__. - Conip:'lete this section O1VLYtlte'frst+i»re thus form is filledorl Has.this document Ve,enpreviously woiked'on-by',:th`e Legal(Dept Staff?. 0 No., ®' Yes. If yes,b�ywlioin? Ott aasr*IiPrevious1Srrevrewed 2/14/20_tance1e4RFP due b co`7ID_ __ _ _— _;_ _ - - 'i `I EGf'� DEPT .--- First Date Rece,iyedby Legal 1 ._--_. Date _-.7/4.74?-2t-i.0-6- By xa�_ ` U_SE ONLY_ Returned'to Dept. for Revision 1)0:,t0:-..___ _ _ _L-,:).3.,:,3,r,"- -` Receivedfor additional revle'v y Legal Date: . r 3y<, Betunled to0Dept, for Revision+ • Este __.__ By _ 1'' . Reeeivtiedifor additionaF eviewby,L gal ' Daite _" __ w y Bye Returned to. Yept for Revision . Date; _ _�_. _� By R'eceivr,Addited for, onal Review bLy Legal' Date: _. By - Returnedlto'1Dept�forsRevisionz' Date; By ;. u1 ,.-___ . _. " 3_k1nal;Logge o i by' ":gall_ Date %o 2a_'_ By L 1 l--lCoinments,froim;LEG ! to DEPAR 'e_ NTi; 'Comments fiom DEPARTMENT foal -A' ' 0e See Attached: Previousl reviewedtlns documentilastF bru We, !` f e r ,.,'i /' ', - ,, canceledtlus RFP duetito COVID�19'in ntof 2020 We 1 4 �_ now:want to report"on'Octolier,30;2020{CliTngesmade to. 'Section1rectverue*andu datesao,the roJec , '' �. . iU #6ra5 ,, sdule. 1 R 4• D es thus document need�to�be recorded A ,:-eturn,origmal executed document to:City Recorder foY sa ekes" b 4; CERTIFICATION OF EXEMPTION FROM . , WORKERS'COMPENSATION INSURANCE . REQUIREMENTS . Contractor is exempt from the requirement to'obtain workers compensation insurance pursuant to.ORS Chapter 656 for the following reason.Contractor is to initial the appropriate box as follows: ' 1 SOLE PROPRIETOR • • (Initials) i Contractor is a sole proprietor,and i ' Contractor has no employees,and • . i Contractor will not hire employees or subcontractors to perform this contract . . CORPORATION FOR PROFIT • (Initials) i Contractor's business is incorporated;and • iAll employees of the corporation are officers and directors and have a substantial ownership interest*in the corporation,and. i All workwill be performed by the officers and directors;Contractor will not hire other employees or • . subcontractors to perform this contract . CORPORATION-NONPROFIT • . (Initials) i Contractor's business isincorporated as a nonprofit corporation,and ! . I Contractor has no employees;allwork is performed by volunteers,and. " i " Contractor will not hire employees or subcontractors to perform this contract. • PARTNERSHIP . . . (Initials) i Contractor is a partnership,and •. . i Contractor has no employees,and • . • i . All work will be performed by the partners;Contractor will not hire employees or subcontractors to. . perform this contract,and • • i , Contractor is not engaged in work performed in direct connection with the construction,alteration,repair, • "improvement,moving or demolition of an improvement to real property or appurtenances . thereto.** . LIMITED LIABILITY COMPANY• . . . (Initials) i Contractor is a limited liability company,and • 40.410, i ntractor has no employees,and All work will beperformed bythe members;Contractor will not hire employees or subcontractors to Al • . perform this contract,and • . iIf Contractor has more than one member,Contractor is not engaged in work performed in direct connection with the construction,alteration,repair,improvement,moving or demolition of an improvement to real property or . appurtenances thereto.** •) •" . i .,' • / • . gnature of Authorized Signer) (Date) • 1 rtn(..(:19‘1, �. (Authorized Signer'se) *NOTE: Under OAR436-50-050 a shareholder has a"substantial ownership"interest if the shareholder owns 10%of the corporation,or if less than 10%is owned,the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. "NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. • • • • • • • • • Council Business Meeting March 16, 2021 Agenda Item Award of Contract—APRC Design Services East Main Park Development From Michael A. Black, AICP APRC Director Contact Michael.Black@ashland.or.us SUMMARY APRC is requesting approval of a contract for professional landscape design services with Terrain Landscape Architecture to provide design and construction documents for East Main Park development for a cost of$107,000.00. On October 30,2020 APRC published a Request for Proposals-Qualification Based Selection. On November 30,2020 four proposals were received.An evaluation team of six members completed a comprehensive review of the proposals. Each proposal was scored in accordance with the criteria listed in the Request for Proposal document. CATEGORY POSSIBLE POINTS 1. Project Approach 40 2. Project Experience 20 3. Project Team Experience 20 4. Demonstrated Ability to Successfully Complete 20 Projects on Time and Within Budget Total 100 Scoring was conducted individually and independently by each team member with the scores totaled to determine the top ranked firm.The results of the scoring are as follows: 'ANT TOTAL CONSUL 'RANKe.. ,. Terrain Landscape Architecture 526.5 1 ABLE 521.5 2 Two Oaks Studio 484 - 3 Oregon Architecture 370 4 After ranking was completed an Intent to Negotiate with Terrain Landscape Architecture was issued on January 7, 2021, and a bid proposal and fee schedule were requested. The fee schedule is based on the scope of work outlined in the RFP(Request for Proposal),which includes Schematic Landscape Design,Design Development, Construction Documents,Entitlement/Approvals and Construction Administration for a new regional/neighborhood park. Page 1 of 3 CITY OF ASHLAND _ r POLICIES,PLANS & GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 4: Design'and begin building new East Main Street neighborhood park, including the top priority of the second Ashland dog park PREVIOUS COUNCIL ACTION The East Main Park Development project was approved in the 2019-21 Biennial budget process as a CIP(Capital Improvement Project)for Parks. In early 2019,the APRC adopted a high priority goal to"design and build a new East Main neighborhood park, including the top priority of the second Ashland dog park."and to"work with volunteers to explore costs and locations for a pump track and mountain bike skills park." BACKGROUND AND ADDITIONAL INFORMATION APRC is beginning the design phase for a new regional/neighborhood park at the 2228 East Main Street property. This 5.52- acre open space parcel will provide a park on the southeast end-of town.An adjacent one-acre parcel,which the City currently has under contract,has also been included in the conceptual drawings for the park.This addition would bring the total acreage of the new park to 6.52 acres. ARPC is currently working to annex both the 5.52-acre City-owned property and the proposed one-acre addition into the City of Ashland.APRC has contracted with Richard Stevens&Associates Inc.to assist in this annexation.A site survey and wetland mitigation plan have already been completed for this property.No wetlands were identified. Oregon Department of State Lands reviewed the report and agreed. A public input session was held on October 24, 2019,where design elements and neighbor concerns were gathered. Approximately 60 citizens took part in this meeting. The neighbors and stakeholders are generally in favor of a new park with several key elements as set forth below: • Off-leash dog park • • Bicycle pump track • Bicycle skills park area • Community garden • Active and passive play areas • Walking trails • Open space FISCAL IMPACTS The total for design services would be$107,000. This project is funded with Food and Beverage tax. STAFF RECOMMENDATION Staff recommends the approval of the contract award and authorization for the City Administrator to execute the attached contract for design services of the East Main Park Development with Terrain Landscape Architecture. ACTIONS OPTIONS&POTENTIAL MOTIONS 1.) I move to approve the contract award for design services for the East Main Park Development project with Terrain Landscape Architecture 2.) I move to deny the contract award for design services for the East Main Park Development and direct staff to... REFERENCES &ATTACHMENTS Page 2 of 3 CITY OF ASHLAND Attachment 1: RFP Attachment 2: Fee Schedule Attachment 3: Contract • Page 3 of 3 CITY OF ASHLAND a EXHIBIT A- PERSONAL SERVICES AGREEMENT A s y CONSULTANT: Terrain Landscape Architecture f1,),S.�. y a o CONSULTANT'S CONTACT: Piper von Chamier,Principle : � �� ?` ,'��. ADDRESS: 174 Hidden Lane,Ashland OR 97520 20 East Main Street TELEPHONE: 541-500-4776 Ashland,Oregon 97520 Telephone: 541/488-5587 EMAIL: piper@terrainarch.com ' Fax: 541/488-6006 1 I This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Terrain Landscape Architecture, a domestic limited liability company ("hereinafter"Consultant"), for professional design services from a design team for the East Main Park Development,Project#000742. 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 March 30,2022. 2. Scope of Work: Consultant will provide design services including schematic design, landscape design, design development, construction documents,entitlements/approvals and construction administration as more fully set forth in the Consultant's Proposal dated February 5,2021,which is attached hereto as"Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. 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 Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. 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. 5. 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 service to which they will be assigned in a skilled and worker- like manner and, if required to be registered, licensed or bonded by the State of Oregon,are so Page 1 of 9 registered, licensed and bonded. 6. Compensation: City shall pay Consultant the sum of$107,000.00 (one hundred and seven thousand dollars) as full compensation 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$107,000.00 (one hundred and seven thousand dollars) 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. 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. S. 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 $21,507.75 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 arid 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)to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant, its officers, employees, agents. 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 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 • Page 2 of 9 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 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 Agreement 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. 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 Page 3 of 9 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 doing business 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$- 000 000 two million colla ) 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 000 000 UK)millio Qallarr 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$110@0®00 tan million dollar ► 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. £ 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. 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 Page 4 of 9 t 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 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 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: Ashland Parks and Recreation Commission Attn: Michael Black 340 S Pioneer St. Ashland, Oregon 97520 If to Consultant: Terrain Landscape Architecture Attn: Piper von Chamier 174 Hidden Lane Ashland OR 97520 Page S of 9 19. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any,claim, action, suit or proceeding (collectively, "the claim")between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however,the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County,Oregon. Consultant, by its signature hereon of its authorized representative,hereby consents to the in personal); jurisdiction of said courts. 19. 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 SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. 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 its reasonable 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. Certification. Consultant shall sign the certification attached hereto as"Exhibit C" and incorporated herein by this reference. Page 6 of 9 CITY OF ASHLAND: Terrain Landscape Architecture(CONSULTANT): By: By: City Administrator Signature Vo a agrkifer--- Printed Name I Printed Name //z / PrI G� J Date • Title /60r) Date Purchase Order No. is to be submitted with this signed Agreement) APPROVED AS TO FORM: /62.. ant rty Attorney //612- "- Za Z% D Page 7 of 9 EXHIBIT B - CITY OF ASHLAND LIVING WAGE CITY OF ASHLAND, OREGON � I City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •.yu•r • . 'i' .(1- $115.74 per hour, effective June 30, 2020. • The Living Wage is adjusted annually every wall June 30 by the Consumer Price Index. Employees must be paid a of business of their employler, 401K and IRS eligible living wage: if the employer has ten or cafeteria plans(including more employees,and has childcare)benefits to the received financial assistance amount of wages received by For all hours worked under a for the project or business' the employee. fromthe City of Ashland service contract between their . employererexcess of$22,002.43. Note: For temporary and ce the City of part-time employees,the Ashland if the contract If their employer is the City of Living Wage does!Q apply exceeds$22,002.43 or more. Ashland,including the Parks to the first 1040 hours worked For all hours worked in a and Recreation Department. in any calendar year. For more details,please see month if the employee spends omore of the % In calculating the living wage, Ashland Municipal Code 50employers may add the value Section 3.12.020. employee's time in that month working on a project or portion of health care,retirement, { For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, 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 predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 8 of 9 'li EXHIBIT C— CERTIFICATIONS/REPRESENTATIONS CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under penalty of perjury, certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID (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. Ft/ ----- . (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 T,, , the business. V (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 Ci 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 (/ f 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. Jam. on ltant's signature 4 sc).0 ,./( rT Dte Page 9 of 9 } _� TERRAIN �--_'�L-- LANDSCAPE ARCHITECTURE LANDSCAPE SERVICES PROPOSAL Date: 01/22/2021 Project: East Main Park Location: Ashland,Oregon 97520 Client: City of Ashland, Parks and Recreation Contact: Michael Black, AICP Director, Ashland Parks and Recreation Commission • 340 South Pioneer Street Ashland, OR 97526 . Proposed Scope of Services: It is our pleasure to provide the City of Ashland with this proposal for providing landscape design services. This proposal is for the following Scope of Services', Schematic Landscape Design, Design Development, Construction Documents, Entitlement/Approvals and Construction Administration. Our Scope of Services and Fee is based on information provided to our office by the Ashland Parks and Recreation Commission (APRC) via a Request for Proposal, emails, and conference calls. Design assumptions are based off Conceptual Plan provided by APRC. • Data collection • Public input meetings - (3) total meetings with the community, including the Parks Commission • Committee input meetings-(5) total meetings with the committee • Park Schematic Design • Park Design Development • Park Construction Documents • Permit Process • Entitlements/Approvals • Site Construction Administration The following disciplines have been included in this proposal: • Civil Engineer - Related site improvements include design and installation of new utility laterals to serve the site, stormwater management plan and connection to downstream facilities, grading and erosion control plan, frontage improvements along East Main Street, and a new parking lot. • Access analysis for agency review • Pump Track and Skills Park design Terrain Landscape Architecture • 174 Hidden Lane,Ashland,Oregon,97520 • 541.500.4776 Terrainarch.com PHASES OF SERVICES: PHASE 1 SCHEMATIC DESIGN Following Client acceptance of this proposal, Terrain Landscape Architecture will provide the following tasks: A. Kick-Off Meeting; the initial meeting with the 'Client and the project's team to discuss programming, project schedule, and expected deliverables. COMPLETED. B. Public Input Meetings: One initial public meeting will be held and run.by APRC to present the concept design developed by APRC. C. Committee Meetings: One initial meeting will be held prior to the public meeting to review conceptual plan and review project scope. A second meeting will occur after the public input meeting to review comments from the meeting. D. Review Jurisdictional Codes; the local agency(s) that have jurisdictional review over the project site will be contacted to obtain requirements that pertain to the site and landscape design of the project. Includes Entitlement/Approval process. E. Schematic Landscape Design; Terrain Landscape Architecture will prepare a Schematic Landscape Plan that will address APRC design expectations and issues. Based on information provided to our office those items may include but are not limited to: Pump Track, Skill Park, Dog Parks, Passive Recreation Ara, Picnic Area, Community Garden, Nature Play, and other programmatic elements identified during consultant and stakeholder meetings. This plan is to be reviewed and commented on by APRC prior to beginning Design Development work. F. Design Graphics and Modeling; preparation of Client requested graphics and modeling. G. Client Review; it is expected that the Client will review and provide any comments on the preliminary work prior to proceeding with Design Development. PHASE 2 DESIGN DEVELOPMENT Following Client acceptance of the Phase 1 work,the landscape design will be adjusted as directed by the Client and collaboration with the design team. During this phase of work, preliminary plans will be developed that will address landscape grading and layout, materials, finishes and details. Terrain Landscape Architecture anticipates the following: A. Review Meeting; prior to proceeding with Design Development, meet with the Client and design team to review schedule and deliverables for the Design Development phase. B. Sitework Coordination; coordinate with the design team items that impact the landscapesuch as, but not limited to; secondary site structures, utilities, grading and drainage. C. Preliminary Landscape Plans; preliminary plans to include landscape site plan, tree preservation, pedestrian hardscape (in conjunction with Civil), landscape grading, irrigation, planting, landscape lighting. Terrain Landscape Architecture • 174 Hidden Lane,Ashland,Oregon,97520 • 541.500.4776 Terrainarch.com • D. Outline Landscape Specifications; prepare Outline Specifications to address site design items. E. Design Meetings; attendance at scheduled and requested meetings. It is expected that there will be one community input meeting and one Parks Commission meeting to review preliminary plan. Additionally, one to two meetings with the design committee are expected to review the development of they design and plan documents. F. Design Graphics and Modeling; preparation of Client requested graphics and modeling. G. Client Review; it is expected that the Client will review and provide any comments on the preliminary work prior to proceeding with Construction Documents. PHASE 3 CONSTRUCTION DOCUMENTS Following Client acceptance of the Design Development deliverables, Terrain Landscape Architecture will provide the following tasks: A. Review Meeting; prior to proceeding with Construction Documents, meet with the Client and design team to review schedule and deliverables for the Construction Document phase. B. Construction Site Base; collaboration with the design team to prepare a site base that will be used in the preparation of the construction documents. C. Landscape Construction Plans; landscape construction plans to include landscape site plan, tree preservation, pedestrian hardscape (in conjunction with Civil),landscape grading, grading and drainage (in conjunction with Civil), irrigation, planting, landscape lighting. • D. Landscape Construction Details; preparation of details for hardscape elements, site furnishings,site elements,irrigation, and planting. E. Landscape Specifications; prepare specifications to CSI format. F. Document Review; provide in-house review of The landscape Construction Documents and landscape related documents prepared by the design team prior to submission of plans to the Client and jurisdictional agencies. PHASE 4 CONSTRUCTION ADMINISTRATION Upon Permit and Bid Set submittals, Terrain Landscape Architecture will provide the following Construction Administration tasks: A. Site Observation Visits; Site visits will be performed to review the following landscape installation stages: • Layout of hardscape elements included in the landscape Construction Documents. • Review of site rough grades prior to delivery'of imported topsoil. • Installation and fine grading of imported topsoil. • Irrigation mainline and valve installation and pressure check. • Irrigation head coverage test. • Plant material review and layout. Terrain Landscape Architecture • 174 Hidden Lane,Ashland,Oregon,97520 • 541.500.4776 Terrainarch.com • Pre-final walkthrough (punch list) following park mulch installation. • Final walkthrough and review of punch list items. FEE SCHEDULE: SCHEMATIC DESIGN 25% $27,250.00 DESIGN DEVELOPMENT 25% $27,250.00 CONSTRUCTION DOCUMENTS 40% $42,000.00 CONSTRUCTION ADMINISTRATION 10% $10,500.00 TOTAL FEES FOR TERRAIN LANDSCAPE ARCHITECTURE $107,000.00 PROPOSAL ASSUMPTIONS AND EXCLUSIONS; the following items are not included in the Scope of Services above and shall be considered Additional Expenses if requested by the Owner and/or Client: • Any changes to the design after Client acceptance of the Design Development documents and after work has commenced on the Construction Documents that may result in extra work prepared by Terrain Landscape Architecture. • Phased work that was not outlined in the Scope of Services and results in the preparation of documents or services beyond what is covered in this Work. • Topographic/ Boundary Survey. • Site Certification documents (LEED, Green Globes or similar) unless originally included in the Scope of Services. • Any agency required changes to the Construction Documents after initial Site Design Review acceptance due to Client directed changes to the design. • Value Engineering. Required Value Engineering changes to the landscape Construction Documents reflecting more than 5% of the most recent landscape budget. • Bidding and Cost Estimating • It is assumed that storm drainage facilities will need to be extended along the frontage of East Main Street. • It is assumed that frontage improvements, including curb, gutter, and sidewalk will be required along East Main Street. • Structural Engineering for building, slab, and foundation systems not included. • Geotechnical Engineering is not included. r • Permit application fees, SDC's, agency inspection fees, recording fees, and agency review fees are not included. All items noted in the Proposal Exclusions above will be performed at the Hourly Rate included in Terrain Landscape Architecture's Standard Hourly Rate Schedule unless an adjusted fee is agreed upon in writing with the Client. 2021 STANDARD HOURLY RATE SCHEDULE: i Terrain Landscape Architecture • 174 Hidden Lane,Ashland,Oregon,97520 • 541.500.4776 Terrainarch.com Principal in Charge $95/hr Project Landscape Architect $85/hr Draftsperson $70/hr BILLING POLICIES REIMBURSABLE EXPENSES Reimbursable expenses are in addition to the above fees. Reimbursable Expenses include: printing, graphics, photography, reproduction, rental or purchase of special equipment and materials, long distance telephone, telex, special shipping or delivery, models and renderings, lodging.These expenses will be billed at cost plus 10%. Reimbursable expenses for reproduction, photography, telephone, mileage, fax and correspondence will be billed monthly and accompanied by invoice documentation at cost plus 10%. 1. This SCHEDULE and these POLICIES are part of the letter of agreement. 2. Initialing this page will signify the Client's intent to contract with TERRAIN LANDSCAPE ARCHITECTURE, LLC, an Oregon Business,for professional services. 3. Invoices are submitted by TERRAIN LANDSCAPE ARCHITECTURE, LLC. monthly. They are due and payable upon receipt and become delinquent if not paid in full thirty (30) days after their date. Client shall notify landscape Architect of any dispute regarding invoices received within seven (7) days of receipt of the invoice. Only the disputed portion of the payment may be withheld. Interest charges will be applied at 1.5%per month to delinquent accounts. 4. Account delinquency will result in the stopping of work on the job by TERRAIN LANDSCAPE ARCHITECTURE, LLC. and any consultants.We reserve the;right to stop work after sixty days past due. Seven days' notice prior to stoppage of work to enable accounts to be brought current. Work will commence upon payment of all fees and service charges due. In some cases, additional fee will be required to stop and restart work because of the account delinquency. 5. No deductions shall be made from the Landscape Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors or on account of the cost of changes in the work. 6. In the event of any litigation or other legal action necessary for the collection of unpaid fees related to the services provided under this agreement, TERRAIN LANDSCAPE ARCHITECTURE, LLC., shall be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 7. Landscape Architect shall retain Ownership of the design. Landscape Architect hereby grants to Owner a royalty-free license to reproduce, display, and use any designs, graphics, electronic files, or other copyrighted materials generated by Landscape Architect in the course of performing the Services under the Agreement for the purpose of: (a) Owner's internal business use, and (b) marketing of the property through the design that may be offered by Owner, provided that attribution is made to Landscape Architect in any such use. INITIALS AGREEMENT OF PROPOSAL Terrain Landscape Architecture • 174 Hidden Lane,Ashland,Oregon,97520 • 541.500.4776 Terrainarch.com . Y 4 The signing of this proposal constitutes an agreement to proceed. We will be pleased to answer any questions and to go over the various provisions of this proposal. We also will be pleased to modify or revise the fee proposal as the scope is modified for additional services not listed at this time. We appreciate your consideration and look forward to the possibility of working with you. A signed letter of agreement and initialed policies will designate that this contract work has begun.This proposal is valid for thirty (30) days from date of proposal.Thank you. Please do not hesitate to call should you have any questions. Sincerely, Piper von Chamier, Oregon PLA#0596 • Principal LANDSCAPE ARCHITECT + CLIENT Title Title Dated Dated Terrain Landscape Architecture, LLC Company Terrain Landscape Architecture 174 Hidden Lane,Ashland,Oregon,97520 541.500.4776 Terrainarch.com ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `� . 03/10/2021 THIO CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO-RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE.AFFORDED BY THE POLICIES ' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate'holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). , PRODUCER NAME: CONTACT, Dena Leong Redwoods Leavitt Insurance Agency PHONE (855)285-5690 FAX (541)479-2669 (PAM,Ext): (AIC,No): 700 E Main Street E-MAIL ADDRESS: dens-leong@leavitt.com Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Medford OR 97504 INSURERA: Great American Alliance Ins 26832 INSURED INSURER B: United States Liability Insurance Group A25895 Terrain Landscape Architecture INSURER C: 174 Hidden Lane INSURER D: • INSURER E: Ashland OR 97520 INSURER F: - COVERAGES CERTIFICATE NUMBER: 20-21 GL Prof 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. INSRADDLISUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 • DAMAGE RENTED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 300'000 MED EXP(Any one person) $ 10,000 A Y SPP322465400 09/14/2020 09/14/2021 PERSONAL BADVINJURY $ Included GEN'LAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 4,000,000 PRO- LOC PRODUCTS-COMP/OPAGG $ Included POLICY JECT OTHER: $ , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTOBODILY INJURY(Per person) $ A OWNED SCHEDULED • BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY x AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR - , EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE 'AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/NSTATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 7N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory 1n NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below . E.L.DISEASE-POLICY LIMIT $ Ea Claim $2,000,000 Professional Liability B 1 SP1572658A 09/14/2020 09/14/2021 Aggregate $2,000,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROJECT: EAST MAIN PARK,ASHLAND OREGON City of Ashland Oregon,it's elected officials,officers and employees are Additional Insured per attached endorsement SP 86 68 06/18. • I 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 Ashland Parks and Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 340 S Pioneer St , AUTHORIZED REPRESENTATIVE Ashland OR 97520 A I , . ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) - The ACORD name and logo are registered marks of ACORD LVJ KJOI IU/ZU I a or r JLLYVJ't UU WU V3icai rviii dloaii niouianoo uu illpai ly ui INCVV I UII\ *D/B* 108233 d} • b. "property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this Policy. 6. "h a 0'1 lona Lam' !7/minim Contract,VAMAIna b,trliGaiormeNITA a. The persons or organizations described in paragraphs b. through g. below are also insureds (and may also be referred to below as "additional insureds"), but only if; (1) either: (a) you have agreed, in a written contract to have such person or organization added as an "additional insured" under this Policy; or (b) a permit issued to you by a state or political subdivision requires such person or organization to be added as an "additional insured" under this Policy; and (2) the "bodily injury", "property damage", or offense causing "personal and advertising injury" occurs subsequent to execution of the contract or agreement, or issuance of the permit. A person's or organization's status as an "additional insured" under paragraphs b. through g. ends at the earlier of: (1) the end of the minimum period of time required by the contract or permit, or (2) the expiration of the policy period of this Policy. No person or organization is an "additional insured" under paragraphs b. through g. if such person or organization is an insured by virtue of an endorsement issued by us and attached to this Coverage Form. b. Vendors (1) Subject to a., above, any person or organization that distributes or sells "your product" in the regular course of that person's or organization's business (referred to below as vendor) as an "additional insured", but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, and only if this Coverage Form provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However: • (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. (2) No vendor is an insured with respect to any: Includes copyrighted material of Insurance Services Office, Inc., with its permission CD OA AO /Prl nam sax /Dona 7A of QO\ Business Registry Business Name Search New Search Business Entity Data 03-01-2021 16:01 Re•ist Nbr Enti T .e Enti Status Jurisdiction . Re.ist Date Next Renewal Date Renewal Due? 1556466-99 DLLC ACT OREGON 05-13-2019 05-13-2021 Entity Name TERRAIN LANDSCAPE ARCHITECTURE LLC Foreign Name New Search Associated Names Type T PPB JPRINCIPAL PLACE OF BUSINESS J. _ —. — . _ .. _. _ ._... . . . ..- , _. Addr 1 33 N CENTRAL AVE STE 210 ' ._ Addr 2 CSZ 'MEDFORD PR 197501 1 Country [UNITED STATES OF AMERICA Please click here for general in ormation about registered agents and service of process. Type AGT [REGISTERED AGENT , 1 - Start Date 05-13-2019 I Resign Date 1 Name TRACI — ON-CHAMIER- — — — Addr 1 174 HIDDEN LANE Addr 2 CSZ ASHLAND PR 197520 I 1 Country 'UNITED STATES OF AMERICA , Type 'MAILING ADDRESS I, Addr 1 33 N CENTRAL AVE ST 2210 - Addr 2 CSZ IIEDFORD !OR 197501 1 I Country 'UNITED STATES OF AMERICA TypeM !MEMBER 1 Resign Date Name SAMUEL G [BIC-KEL L I v Addr 1 2862 ROSEWOOD ST Addr 2 - CSZ MEDFORD 1OR 197504 1 1 Country 'UNITED STATES OF AMERICA Type MEM !MEMBER 1 ( Resign Date Name JAMES LOVE Addr 1 155 SAVAGE CREEK RD Addr 2 CSZ GRANTS PASS OR 197527 ' 1 1 Country f UNITED STATES OF AMERICA Type 'MEM MEMBER Resign Date 1 Name [TRACI L [VON CHAMIER Addr 1 174 HIDDEN LANE Addr 2 CSZ 'ASHLAND bOR 197520 i 1 Country - JUNITED STATES OF AMERICA b Mew Search Name History Business Entity Name Name Name Start Date End Date Type Status TERRAIN LANDSCAPE ARCHITECTURE LLC EN CUR 05-13-2019 Please read before ordering Copies. New Search Summary History - , Image Available Action Transaction Date Effective Date Status Name/Agent Change Dissolved By AMENDED ANNUAL REPORT 05-26-2020 FI ARTICLES OF ORGANIZATION 05-13-2019 FI Agent ®2021 Oregon Secretary of State. All Rights Reserved. 4 Mariann Olson From: Natalie Thomason Sent: Wednesday,September 01,2021 9:53 AM To: Kariann Olson;Tara Kiewel Subject: FW:Insurance Certificate Attachments: Terrain ACORD Form 20210310-130645(1).pdf;Terrain Landscape Contract.pdf Please see Sandy's answers below! Natalie Thomason a /{/- Administrative Assistant u 6" Risk Management Claims Intake r City of Ashland I Finance 20 East Main Street,Ashland, OR 97520 541-552-2012 Direct I Voice,TTY 800-735-29001 541-552-2059 fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at(541)552-2012 From:Sandy Orr<sorr@bbnw.com> Sent:Wednesday,September 01,2021 9:51 AM To: Natalie Thomason<natalie.thomason@ashland.or.us> Subject: Insurance Certificate [EXTERNAL SENDER] Good morning! So the certificates should reflect"City of Ashland" since Ashland Parks and Recreation is not a legal entity. You can include both on the address(which is what they did) such as: City of Ashland • Ashland Parks and Recreation They should be using the main address—20 E. Main Street, not the Parks& Rec address. This blanket additional insured endorsement is fine also. As for the auto liability requirement,this insured doesn't seem to own any autos,so not having the additional insured box checked is acceptable. The only time when it is absolutely necessary to have Al status on Auto, is when the party will be using their vehicles in the performance of the job. Driving to and from, as in commuting,would not be a requirement. I'm not sure what question#2 means (the one sheet attachment) and would need to see an example. As always, I'm happy to review any certificates you are not sure of. Thank you, Sandy Orr CISR Branch Supervisor Account Manager, Commercial Lines OR License p6261410 sorr@bbnw.com 1 O(541)494-2687 I C (541)601-3358 I F(541)772-3785 ,44 Brown&Brown Northwest 3256 Hillcrest Park Drive,Medford, OR 97504 Brown &Brown NORTHWHST bbnw.com • Great Place t. To Work. krg Certified s From: Natalie Thomason<natalie.thomason@ashland.or.us> Sent:Wednesday,September 1,2021 9:03 AM To:Sandy Orr<sorr@bbnw.com> Subject: FW: Insurance Certificate [External] Hi Sandy, This all sounds fine to me, but I wanted to run it past you to see if you would advise to that we are doing this correctly! Thanks, Natalie Thomason Administrative Assistant Risk Management Claims Intake City of Ashland I Finance 20 East Main Street,Ashland, OR 97520 541-552-2012 Direct'Voice,TTY 800-735-29001 541-552-2059 fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error,please contact me at(541)552-2012 From: Kariann Olson<kari.olson@ashland.or.us> Sent:Tuesday,August 31,2021 4:42 PM To: Natalie Thomason<natalie.thomason@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us>;Tara Kiewel<tara.kiewel@ashland.or.us> Subject: Insurance Certificate Hello Natalie, (Tara,just using this cert as an example.) 2 Herr. istome verbiage I put together to request insurance for a PERSONAL SERVICES AGREEMENT. . . (this is my understanding as to what is required/please correct me if I am wrong). The City requires a Certificate of Insurance for General Liability,Automobile, Workers'Compensation and Professional Liability, including the City of Ashland(20 E. Main,Ashland,OR 97520)named as the additional insured on the insurance certificate. The additional insured boxes for General Liability and Automobile will need to be checked on the insurance certificate and actual copies of the additional insured endorsements for General Liability and Automobile will need to be provided with the Certificate of Insurance. 1. The name on this certificate is City of Ashland Ashland Parks and Recreation, 340 S. Pioneer okay? 2. I have seen certs come through with one sheet attached that just speaks to"Additional Insureds". . .it does not appear to be the actual additional insured endorsement for general liability and auto (by the way ADDL INS box is not checked for auto). . .okay to just accept this one sheet about"Additional Insureds"? Please advise: Thank you. Kariann Kariann Olson • Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 , TTY 800-735-2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. Please remember that insurance coverage cannot be bound,amended,or cancelled by leaving an electronic message or voice mail message. The information contained in this communication, including attachments is privileged and confidential. It may also contain protected health information which is governed by HIPAA regulations and is intended only for the individual named.You and your entity are responsible to assure HIPAA regulation and guidelines are followed. It is intended only for the exclusive use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any dissemination,distribution 'or copying of this communication is strictly prohibited. If you have received this communication,in error, please notify us by telephone immediately. 3