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2021-210 PO 20210235- Japanese Garden Specialty LLC
ASS` Purchase Order "4: . d ......._ 9��5 P�' ( Fiscal Year 2021 Page: 1 of: 1 CITY ww yq �o $•REGREpd 14^9� U.��� -! _ B Ashland Parks Commission -------_—:-._- _____________-_,..-,--==-_-z-... - I ATTN: Accounts PayableL 20 E. Main Purchase L Ashland, OR 97520 ; Order# 20210235 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V S 0/0 Parks Department E JAPANESE GARDEN SPECIALTY LLC H Admin Office N PO BOX 19403 I 340 South Pioneer D PORTLAND, OR 97280 P Ashland, OR 97520 R T Phone: 541/488-5340 o Fax: 541/488-5314 IIIIIIIIIIIIIIIIIIIIII Michael Black _---_ . . I _.._.. 1-E -..=_i �e .-....__.__...-_-- -jx._:o]Iri_,_;(_I___ ___ .-- —__ =1.1_e_I . t.12-= =1 01/07/2021 5798 - Parks Accounts Pa able Japanese Garden Construction 1 Construction of Japanese Garden in Lithia Park 1.0 $ ,278,985.0000 $1,278,985.00 APR Public Improvement Contract Completion date: December 31, 2022 / Project Account: E-000745-120 $1,278,985.00 *************** GL SUMMARY***************. 123000-704200 $1,278,985.00 l / Alf 122- ;;-_-...: By: // Date: 9U 'uthonzed Signature MM- - .t:/�4.-e-Z a_1.-a-op fog. ,_�,,-�) 0 ,........,(Pfig-i ,, FORVL #3 / � r.�9�-a� � CITY OF request s Purchase � k k N�2( ,_��„�. �. S ii LAN D REQUISITIONlit . Date of request: �:12I301202Q Required d.e "o 4 I -_•:( '_ A �� Vendor Name Japanese Garden Specialty LLC if Address,City,State,Zip PO Box 19403 � ,i� n Contact Name&Telephone Number Toru Tonka,(503)317-2970 d� Email address IllAijgardens@mail.com � )2' 77 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: 0 Invitation to Bid ❑ Form#13,Written fin ngs and Aut lrization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ VerbalNVritten bid(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council:. Contract# (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K 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 ❑ Written quote or proposal attached City Administrator,AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council: 10/20/2020 ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until:12/30/2021 (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Construction of Japanese Garden in Lithia Park ..--'ff.„;,t � � � ,. ; 4 218,985 00 ,, "`` Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • ❑ Per attached quote/proposal * TO ALwCOST ,,-)42,7898,61;00:!;4 Project Number 0 0 0 7 4 5. 1 2 0 Account Number 1 2 3 0 0 0.7 0 4 2 0 0 I 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 software purchases: 11-Director Date Support-Yes I No By signing this requisition /lformmGiI certify that the City's public contracting requirements have been satisfied. 'e' Employee: ' am Department Head: 712 c%2- I4. gia,c% (E u I to Rleg' 00) Department Manager/Supervisor: City Admin' rator: AdaiHai cs:v• ° °m- n — �' ( _ alt ogreaerthan$25,000)) Funds appropriated for current fiscal year: a1N© / , �cer..247 France iairecor-(Equaltoorgreate hat) ,000) Date Comments: Form 113-Requisition . c(- a),, ,. G°, vz4 Legal Department Review '" i. DOCUMENT TRANSMITTAL AND CONTRr, ,,,,,,O This form will accompany the document through the drafting,review,and signature process•s,,/,. - -----: • .m, be kept with the City's final executed copy of the document. Document:��P&c Se. o.rc SQe c i o.` LLC- Tr���.�'c��u k . (Include names ofparties to the document) Type of Document: Contracts Lease ❑ Easement 0• Deed 0 IGA 0 Other (Spec) Pu% t�C. ►'kP(O\ -yy,,L A • Dept Contact: S-c n 3-'��.}\,A,-� ACTION REQUESTED: Dept: pc.r-'r Phone: X ��0 0 Review Draft Date submitted to Legal: 0 Approve final and forward to: Draft due by: (Unless indicated,Legal will return document to you) Return Requested by _ Complete this section ONLY the first time this form idled out: ii.,11.ii!i!iliiii,,i'HI!I Has this document been previously worked on by the Legal Department staff? ❑ No ❑ Yes i. If yes,by whom? T GAL DEPT First Date Received b` Legal Date , By USE ONLY Returned to;Dept ;for Revision' Date `� ry - P By Receivedfor additional review'by Legal Date By leiiiiiiipliiNirliiiY K 0v .. '; .:: 3 �.. 't i A lir { i 1 Returned to Dept OT RevisioII Date By Received for additional reviewby Legal , Date 3 rB Returned to Dept forRevision Date By t 3 F 3. ,, �f 4 ,7 Received fox Additional Review by Legal Date By Returned to ept for Revision Date By De Com trio Final Logged out b Le `al Date i -r y, .; Comments from LEGAL to DEPARTMENT Comments from DEPARTMENT to LEGAL: ❑`See Attached *ro 4 ji e ` r a t- �3 `i :. a # .: ' � � ! .I It )Mf� � it F h iwilltimmelltip t 3 � b i Return original executed document to Do s 111..,1111 this document need to be recorded? 3 � Recorder far safekeeping? ❑ No �� Ye , No ❑ Yes �#, 3 "+' •yQ '�v '` .Sous C ,::.,.z,"rr : .. :,. + .�v !s 4>r 5"'�x ,� -s n, h"r:.. # s F� m s1 as Svc n 4 CITY,AD TOR"6 DEP TMENT EAD � r PPle ed'o �ot sign theeattached;d,ocument untilthis fo o s' een e �ved by the e al De' artment $�''r '7t v., n At.N. ,..;'y v 4tt x it . ss 3 t ,�:,y b G, ..n�FY z S ,rr- ti;.T *w s>: 'g may, p " 'k Fv ''�. . ;-lvlINAL LEGAL DEPARTIIIENT'Lega-- VAL ti Date 1 c � n ir::r.,:f;1\D4i,,ltiEIP,pAkARta'''-jNTS\ 1',9 frk � `s'x;h":.#..n- ''' , n "• ^; s #vz �,ri`� a�sem:r u" ,�r +C t �"i ,s- y '+ a ,4:4: �g: ars k nrF # r rh__i .*n ,.s.:::.n 'i5�.�x .'�,.: 3';�.,,5'.,,,,. i'. '". }.��".'?,.�.. '", ..:.., .'�..f:R#�":#. ,7 $::xi <:�.:..u'�, :J, ''" ix;F..az£%s :.ta9i "'s,` .2.'`., `5,`�+,r(s:UegTMEContracting�FORMS\I egal Doc Transmittal-KLB.docx PUBLIC IMPROVEMENT CONTRACT A s if 4 CONSULTANT: Japanese Garden Specialty, LLC CONSULTANT'S CONTACT: Toru Tanaka - siE`ft ," ADDRESS: P.O. Box 19403 20 East Main Street Portland, Oregon 97280 • Ashland,Oregon 97520 Telephone: (541)488-5587 Fax: (541)488-6006 This Public Improvement Contract(hereinafter"Contract") is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation(hereinafter"City"), and JAPANESE GARDEN SPECIALTY,LLC, a domestic limited liability company (hereinafter"Contractor"). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties mutually covenant and agree as follows: • 1. PROJECT MANAGER: The City's Project Managers for this Contract are: • Michael Black,Director.Ashland Parks and Recreation Commission. 2. WORK: 2.1 The Work under this Contract is for the Japanese Garden Project, Project No. 000646, as more fully described in the Contract Documents listed in Article 6, below: Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows:the complete construction of an authentic Japanese Garden including,but not limited to, the installation of pathways, fencing, walls, drainage, irrigation, pond, waterfall, creek, plantings of trees and landscape and decorations as based on drawings and site plans. 2.2 Contractor shall, at its own risk and expense,perform the Work described in the Contract Documents and furnish all permits,labor,tools,machinery,materials,transportation,equipment and services of all kinds required for,necessary for,or reasonable incidental to,performance of the Work, that is, the construction of the.Japanese Garden Project, Project No. 000745. Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees,license fees,and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 3. EFFECTIVE DATE AND DURATION: This Contract is effective as of the date of execution by the City (the "Effective Date"). All Work under this Contract shall, unless otherwise terminated or extended, be completed by or before December 31, 2022. 1 4. CONSIDERATION 4.1 The City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed $1,278,985.00 (one million two hundred seventy-eight thousand and nine hundred and eighty-five U. S. dollars)for performing the Work required by this Contract, including all allowable expenses. In no event shall Contractor's total of all compensation and reimbursement under this Agreement exceed the sum of$1,278,985.00 (one million two hundred seventy-eight thousand and nine hundred and eighty-five U.S. dollars) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Any progress payments made to Contractor shall be made only in accordance with the schedule and the requirements as set forth in"Exhibit A, Standard Terms and Conditions for Public Improvement Contracts." 4.2 The City certifies that sufficient funds have been appropriated to make payments required by this Contract during the current fiscal year: Contractor understands and agrees that City's payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent upon City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable discretion,to continue to make payments under this Contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 5. CONTRACTOR'S REPRESENTATIONS In order to induce the City to enter into this Contract, Contractor makes the following representations: 5.1 Contractor has examined and carefully studied the Contract Documents and any data and reference items identified in the Contract Documents. 5.2 Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress, and performance of the Work. 5.3 Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost,progress, and performance of the Work. 5.4 Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 5.5 Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and 2 performance of the Work; (2) the means, methods, techniques, sequences; and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. 5.6 Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms.and conditions of the Contract? 5.7 Contractor is aware of the general nature of work to be performed by the City and others ,at the Site that relates to the Work, as indicated in the Contract Documents. 5.8 Contractor has given the City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents,and the written resolution thereof by City is acceptable to Contractor. 5.9 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. CONTRACT DOCUMENTS 6.1 The Contract Documents consist of the following: A. This Public Improvement Contract(pages 1 to 46, inclusive). 1 B. Performance bond(pages 35 to 36, inclusive). C. Payment bond(pages 37 to 38, inclusive). D. Exhibit A, Standard Terms and Conditions for Public Improvement Contracts, including all attachments thereto (pages 9 to 28, inclusive). E. Project Specifications for Japanese Garden Design. F. Construction Diagrams entitled"Japanese Garden Amended Site Plans" G. Addenda(N/A). H. Contractor's Bid entitled"Garden Specialty Quote 8.20.20" I. Certificate of Representation. J. The following documents which may be delivered or issued on or after the Effective Date of this Contract and are not attached hereto: 1. City's Notice to Proceed. 2. Work Change Directives. 3. Written Change Orders. 6.2 The documents listed in Subarticle 6.1.are attached to this Contract(except as expressly stated otherwise above) and fully incorporated herein. 6.3 There are no Contract Documents other than those listed above in this Article 6. 6.4 The Contract Documents may only be amended,modified,or supplemented as provided in the Standard Terms and Conditions for Public Improvement Contracts. 3 7. INSURANCE 7.1 Workers' Compensation. Contractor shall obtain and maintain during the term of this Contract, and until City's final acceptance of all Work performed hereunder, Workers' Compensation insurance in compliance with ORS Chapter 656. All_employers, including Contractor and any subcontractors,that employ subject workers who perform any work under this Contracfin the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with this requirement. 7.2 Commercial General Liability. Contractor shall obtain and maintain during the term of this Contract and until City's final acceptance of all Work performed hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death,and Property damage. Such insurance shall include coverage.for broad form contractual liability;broad form property damage;personal and advertising injury;owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per project basis. 7.3 Commercial Automobile Liability. Contractor shall obtain and maintain during the term of this Contract and until City's final acceptance of all Work performed hereunder,a policy or policies of commercial automobile liability insurance with a combined single limit, or the equivalent of not less than$2,000,000 (two million dollars)for each accident for Bodily Injury, Death, and Property Damage, including coverage for owned, hired, and non-owned vehicles. 7.4 Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)required under this Contract without thirty (30) days' prior written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. 7.5 Additional Insured. Each policy for the commercial general liability insurance and the commercial automobile liability insurance shall name as additional insured, "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of Contractor's services to be provided under this Contract. This coverage shall be evidenced by an endorsementphysically attached to the certificate of insurance. 8. GOVERNING LAW,VENUE This Contract 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 Contract in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as toeffectuate this choice of venue. 4 9. AMENDMENTS This Contract may be amended only by written instrument executed by both parties with the same formalities as this Contract: IN WITNESS WHEREOF the parties have caused this Public Improvement Contract to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY: CONTRACTOR: • Adam Hanks,Interim City Administrator Signature //�(ho.20 Toru Tanaka Date Printed Name Owner Title 10/27/2020 Date APPRED ASCORM land Asst.City Attorney 5 CONTRACTOR DATA AND CERTIFICATION Business Name(please print): .lapanese GarciPn Specialty I I C Contact Name:Toru Tanaka Phone:503-684-0607 Fax: Address 13635 SW Hall Blvd. Tigard, OR. 97223 Do Not Write Federal and State Tax ID Numbers on this Contract: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business.License#: Construction Contractors Board#:8277 • Citizenship: Nonresident alien X Yes No Business Designation (check one): Individual x Sole Proprietorship Partnership Corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A)together with Exhibits A through K together with all other Contract Documents as described in this Contract, and the separately bound Oregon 2018 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2018 Standard Specifications are an integral part of this Contract and agre9 to perform the Work described in the Contract Documents, in accordance with the terms and conditions contained therein. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition#16 [CCB Registration Requirements]are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. CONTRACTOR: Signature/Title Toru Tanaka Printed name 10/27/2020 Date 6 • CERTIFICATE OF REPRESENTATION Contractor,under penalty of perjury,hereby certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor 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. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract,when executed and delivered,shall.be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above.and. authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: X (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence,set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. X (6) I assume financial responsibility for defective workmanship or for service not provided as - evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 7 EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform all of the Work required by this Contract as'an independent contractor. b. The Contractor represents and warrants that Contractor (i) isnot currently an employee of the federal government or the State of Oregon,and(ii)meets the specific independent contractor standards of ORS 670.600,as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. - d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment a. Contractor shall not subcontract any of the Work required by this Contract, or assign, sell, dispose of, or transfer any of its interest in this contract,nor delegate duties under the contract,either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be'bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment,sale,disposal,transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] b. Use of Subcontractors,material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide,in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option,in the event this Contract is terminated for default of Contractor. c. Contractor covenants and agrees to bind any and all subcontractors for performance of Work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract,the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers' Compensation._ 3. No Third Party Beneficiaries - City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit/or right,whether directly,indirectly, or otherwise,to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract. 9 4. Successors in Interest • The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents,which comprise the entire agreement between the City and Contractor, are listed in Article 6 of the primary Public Improvement Contract. 6. Contractor's Representations By executing this Contract,the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents,including specifically the Offer,are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the .project work. 7. Drug Testing[ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes,at a minimum,the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively,required testing of all Subject Employees every 12 months on a random selection basis,and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug-testing Program."For the purposes of this section, an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project'job site. c. By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract,and that Contractor will comply with the provisions of subsection (d) below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment)is contingent on Contractors,compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor-that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed - 10 Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond, Payment Bond, and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten (10) days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including,but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure.of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City,which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract timewill not be extended,nor will the Contractor be entitled to any additional compensation if _the work is suspended pursuant to subsections (a), (b) or(c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time.and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City,on 30 days written notice to the Contractor,may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however,the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice,then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11 11. Payment on Early Termination N a. If this contract is terminated under'10(a),(b), or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d),by the Contractor due to a breach by the pity,then the City shall pay the Contractor as provided in subsection(a)of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City - shall pay the Contractor as provided in subsection(a) of this section, subject to set off of excess costs, as provided for in section 12,Remedies. 12. Remedies r In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself,by agreement with another contractor, or by a combination thereof.--In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c),the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no -circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records - Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be'made available upon request. Payment for cost of copies is reimbursable by the City. • 12 14. Ownership of Work All work products of the Contractor that result from this Contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for.review and comment shall not be considered as • owned,used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights,trade secrets, patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered"works made for hire"under the provisions of the United States Copyright Act and all other equivalent.laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this Contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City)by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this Contract,including without limitation ORS Chapter 279A, ORS Chapter 279B, ORS Chapter 279C, ORS 279C.500 through 279C.670, and specifically ORS 279A.120(3), ORS 279C.515, ORS 279C.520, ORS 279C.530, ORS 279C.830 and ORS 279C.580 as set forth on Exhibit B,attached hereto and made a part hereof by this reference In addition,the provisions of ORS 279C.360, ORS 279C.365(4), and ORS 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, ORS 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT(40 U.S.C.3142 and applicable Davis-Bacon Related Acts; (ii)Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv)the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition,Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and'made a part hereof by these references. 16. Registration with Construction Contractor's Board N • The Contractor,hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., constructionwork) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/BOLI Fee 13 • a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870,that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice,per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor,subcontractor or other person doing or contracting to do or contracting for the whole.or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, can be found at the following website: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870,.Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1),the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects.The bond must be a continuing obligation,and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond.The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file,and require every Subcontractor to supply and file,with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day,or 40 hours in any one week, except in cases of necessity,,emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services,the employee shall be paid at least time and a half pay: (a) • 14 (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the,completion of the contract,providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type font and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting,of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1),Contractor shall promptly, as due,make payment to any person, co-partnership, association or corporation furnishing medical,surgical and hospital care services or other needed care and attention, incident to sickness or injury,to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the - contractor collected or deducted from the wages of employees under any law, contract or r agreement for the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2),All employers,including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements.. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [ORS 279C.555] "Retainage"means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [ORS 279C.550] Moneys retained by a contracting agency under ORS 279C.570(7)shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS'279C.570; or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: • The contractor may deposit bonds,securities,or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the-City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or} • 15. ( • If the contractor elects,the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank,savings bank,trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1)or(5),the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses,the contracting agency shall,upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage,as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: a. Bill's,certificates,notes or bonds of the United States. b. Other obligations of the United States or its agencies. c. Obligations of any corporation wholly owned by the federal government. d. Indebtedness of the Federal National Mortgage Association. e. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument,the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained,by the City in a form acceptable to the City.The bond and any proceeds there from shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625.The City shall reduce the retainage in an amount equal to the value of-the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage,the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage.The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractofor supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval,before the fifth of the following month,or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made,the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period,unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; 16 progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis,City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City,truly,represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any-City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will'be made by City on a monthly basis within thirty(30)days from sign off by the Contractor of the progress payment or fifteen(15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate,less five percent(5%)retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%)of the work,the City may,at its discretion,reduce the retained amount equivalent to not less than one hundred percent(100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith,the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or,because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied, (2)third party claims filed or failure of the Contractor to make payments properly\to Subcontractors for labor,,materials.or equipment, unless Surety consents to such payment, (3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum,(4)damage to another contractor's work,(5)reasonable indication that the work will not be completed within the Contract time, (6)unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated,or(9)exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment 17 a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection.. The City may make a general list of major work components remaining. If it appears that the work is substantially complete,the City shall,within fifteen (15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties,the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. , FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not.100% complete,the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100%complete, the City shall, within fifteen(15) days after receiving notice,make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract, A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met,including but not limited to,the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed"Release of Liens and Claims."(Exhibit H). b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period.The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. c. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate,an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation.Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any - additional compensation arising from errors of computation in the final estimate within a period of one (1)year following the original mailing of the City's final estimate_and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date.If said suit,action or proceeding is not commenced in said one(1)year period,the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion,if revisions are made,shall,be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. 18 • e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work;for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment;for consideration of the Contractor's claim,or claims, if any;and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not-domiciled in or registered to do business in,the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3)has been satisfied. h. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or;unknown, arising out of and relating to the work. No payment(however, final or otherwise,shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. ( j. Disputes as to compensation resolvedin favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract andneither will such action be cause'for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or changed) work and compensation. Such authorization must be in writing.The parties expressly recognize that,except when such order is in writing by an individual with delegated authority,City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract , price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. -' 24. Contractor/Subcontractor Payment Obligations • a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: 19 • i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor,if payment is not made within 30 days after receipt of payment from the City,to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph(a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when paymentwas due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made;and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts,for the purpose of performance of such contract condition,a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to inctude such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)]. c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5)until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract - pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due,to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall' pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due,the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2),if the Contractor or a first-tier subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under'ORS 279C.580 (4)and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to the 20 contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is$18,703 or more, and Contractor is not paying prevailing wage for the work,Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance • Inspection and acceptance of all Work required under this Contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section(1)of the Public Improvement Contract. City and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly,instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay(but not as a penalty)the Contractor shall pay the City two hundred and Fifty Dollars per day($250.00/day)for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time,or adjusted contract time,has expired shall in no way operate as a waiver on the part of the City or any.of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless,indemnify,arid defend City,its officers,agents,and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at 21 ` . 1 both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from,during or in connection with the performance of the work/actions or failure to perform actions,and other activities of Contractor or its officers,employees,subcontractors or agents,under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors,-or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or\performance of the work, (b) unforeseen difficulties, (c) accidents,or(d)any other cause whatsoever.The Contractor shall assume this responsibility even if(a)fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim,loss,damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall notaffect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense,promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. • 22 • 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and- maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and - before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount(or limits), policy numbers, effective and expiration dates and a description of operations covered. 29. Performance,Payment and Warranty Bonds/Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1)A Performance Bond and (2)A Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30,all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10%of the final amount of the Contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. - The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 23 • 30. Two-Year Warranty In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy,in a manner satisfactory to the City and at no cost to the City, - any and all defects, breaks, or failures of the work occurring within two years following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under,within,or adjacent to the work,whether or not caused by settling,washing,or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warrantrperiod. The one-year warranty period shall,with relation to such required repair,be-extended one year from the date of completion of such repair. If Contractor, after written notice,fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense. incurred. In case of'an emergency where,,in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability-and payment of all such costs. 31. Nondiscrimination in Labor , No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin.Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply)with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices—. and discrimination, by employers against any employee or applicant for employment because, of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of'age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer,because of the race,religion, color, sex, national origin,marital status or age if the individual is 18 years or older or because of the race,religion,color, sex,national origin or age of any other person with whom the individual associates, or because ofa juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation,termination, or suspension in whole or in part.(q). 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and'demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance,Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost effective. [ORS 279C.510(1)&(2)] l 33. Environmental Regulations Pursuant to ORS 279C.525(1),the following is a\list of federal,state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture,Department of Forest Service Soil Conservation Service Commerce Department of 24 • National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense,Department of Army Corps of Engineers Energy,Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department-of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals.Management Service U.S.Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation,Department of Coast Guard Federal Highway Administration • Water Resources Council State Agencies: Administrative Services,Department of Agriculture,Department of Consumer&Business Services,Department of Oregon Occupational Safety&Health Division Energy,Department of Environmental Quality,Department of Fish and Wildlife,Department of- Forestry,Department of • Geology and Mineral Industries,Department of Human Resources,Department of Land Conservation and Development Commission Parks and Recreation,Department of Soil and Water Conservation Commission State Engineer State Land Board(Lands,Division of State) Water Resources Department ' - Local Agencies: CITY of ASHLAND City Council(Ashland Municipal Code) • County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions 25 Planning Commission If the Contractor awarded the project is delayed or-must undertake additional work by reason of existing ordinances,rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes,ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services;or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances,rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency.Upon request by the City,the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c)or(e)above,the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(f)of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contractingagency's determination of the additional compensation due to the contractor. Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. • 26 34. Waiver The failure of the City to enforce any provision of this Contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of the Work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement,estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to-the Contract. City shall not be precluded or estopped,notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages,as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work,nor any extension of time,nor. any possession taken by City,nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the Work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 37. Attorney's Fees If a suit or action is filed to enforce any of the terms of this Contract,the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court,including any appellate court,may adjudge reasonable as attorney's fees. 38. Business License The Contractor shall obtain a City of Ashland business license as required by the Ashland Municipal Code prior to beginning work under this Contract. The Contractor shall provide a business license number in the space provided in this contract. 39. Notices/Bills/Payments All notices,bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills, and payments sent by mail should be addressed as follows: Ashland Parks and Recreation Commission 340 S.Pioneer Street Ashland,Oregon 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In allother instances,notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills,and payments are to be given by giving notice pursuant to this paragraph. 40. Conflict of Interest • 27 r Contractor covenants that it presently has nointerest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 41. � Merger Clause THIS CONTRACT AND ATTACHED CONTRACT DOCUMENTS AND EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. ATTACHMENTS: EXHIBITS B-J EXHIBIT B ' COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS(BID,PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS I EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS 28 EXHIBIT B PUBLIC IMPROVEMENT CONTRACT COMPLIANCE WITH APPLICABLE LAW This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C:360 through and including 279C.800 and is available through the City of Ashland, Office at 620 N. Mountain Ave,Ashland, Oregon or online at www.leg.state.or.us/ors 29 EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates and Endorsements of Insurance to the Project Manager. During the term of the Contract,please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this Contract,Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers,including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis,with a combined single limit of not less than ■ $2,000,000 (two million dollars) per occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability;broad form property damage;personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a" per-project basis. • Required by City ❑ Not required by City Commercial Automobile Liability`insurance with a combined single limit, or the equivalent of not less than • ■$2,000,000(two million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired and non-owned vehicles:`Symbol One"coverage shall be designated. • Required by City ❑ Not required by City O Builders Risk(Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1)formwork in place;(2)form lumber on site;(3)temporary structures;(4)equipment;and(5)supplies related to the work while at the site. 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 30 days written notice from the Contractor or its insurer(s)to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be listed as Additional Insureds, but only with respect to Contractor's services to be provided under this Contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates and endorsements acceptable to City prior to commencing the Work under this Contract. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,self-insured retention's,and/or self-insurance. c 30 EXHIBIT D PUBLIC IMPROVEMENT CONTRACT CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below,and certify under penalty of perjury that it is a corporation. Ja•. -se Ga t-i Si-c'.1 L am"-may° 10/27/2020 Entity Signature Date B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656,657,and 701,an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an"independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means'and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an - independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) x A. The labor or services are primarily carried out at a,location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence,which is set aside as the location of the business. X B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. X' C. Telephone listing is used for the business that is separate from the personal residence listing. X D. Labor or services are performed only pursuant to written contracts. X E. Labor or services are performed for two or more different persons within a period of one year. 31 X F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent ' contractor status in connection with this contract, Contractor shall defend, hold harmless;and indemnify the CITY OF ASHLAND , its elected and appointed officials, employees,volunteers and agents from any such action, claim,judgment, fine, penalty, or order to pay., Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. !/ ' ._ .2.c +C'3 Contractor Signature Date Project /1/G Signature Date Managerg 32 EXHIBIT E PUBLIC IMPROVEMENT CONTRACT CITY OF ASHLAND BID BOND We, Japanese Garden Specialty LLC , a corporation or partnership duly organized, under the laws of the State of Oregon , and authorized to transact business in the State of Oregon, as "PRINCIPAL,"and, We, Japanese Garden Specialty LLC , a corporation or partnership duly organized under the laws of the State of Oregon , and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heir's, executors, administrators, successors and assigns firmly by these presents to pay unto the CITY OF ASHLAND, Oregon, (OBLIGEE) the sum of ($ 1,278.985.00 ) One million two hundred seventy-eight thousand and nine hundres and eighty-five U.S. Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the Japanese Garden Project, Project No. 000646, which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten(10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and Contract Documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents,then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten(10)days of such failure. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this twenty seven day of October ,2020. Japanese Garden Specialty LLC Surety Principal 13635 SW Hall Blvd.Tigard, OR. 97223 Address Address By: By: Toru Tanaka Attorney-in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] • 33 • • IMPORTANT—Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the State of Oregon. 34 PERFORMANCE BOND The undersigned Japanese Garden Specialty LLC g ,as principal,further referred to in this bond as Contractor,and Hudson Insurance Company as surety,further referred to in this bond as Surety,are jointly and severally bound unto CITY OF ASHLAND,as obligee,further referred to in this bond as City,in the sum of One Million Two Hundred Seventy Eight Thousand Nine Hundred Eighty Five 00/00 United States Dollars ($ 1,278,985.00 Contractor and City have entered into a written contract dated November 6, 2020 for the following project: Japanese Garden Project,Project No.000745 VilSiX This Contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this Performance Bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans,specifications and conditions of the contract within the time prescribed by the Contract,as required by ORS 279C. 380 through 279C.385,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract Time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: HA10102159 Bond Agent: Bond Experts ll Ltd • Address: 4850 SW Scholls Ferry Road Suite 204 Portland OR 97225 Telephone: 503- 292-2582 SIGNED this 29th day of December ,2020. 35 PERFORMANCE BOND,Page 2 WITNESS: CONTRACTOR: Japanese Garden Specialty LLC By: - (Corporate Seal) Title: Legal Address: 13635 SW Hall Blvd Tigard, OR 97223 Attest: Corporate Secretary WITNESS: SURETY: Hudson Insurance Company ate" /win (Corporate Seal) Title: ' • ney-in-Fact Legal Address: 100 William Street Fifth Floor New York, NY 10038 Attest: Attached Corporate Secretary 36 PAYMENT BOND The undersigned Japanese Garden Specialty LLC ,as principal, further referred to in this bond as Contractor,and Hudson Inst trance Company ,as surety,further referred to in this bond as Surety,are jointly and severall bound unto CITY OF ASHLAND,as obligee,further referred to in this bond as City,in the sum of One Million Two Hundred Seventy Eight Thousand Nine Hundred Eighty Five 00/100 Dollars($ 1,278,985.00 ), Contractor and City have entered into a written contract dated November 6,2020 ,for the following project: Japanese Garden Project No.000745 This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,and promptly makes payment to all claimants,as defined in ORS 279C.600 through 279C.620,then this obligation is null and void;otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,executors. administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: HA10102159 Bond Agent: Bond Experts II Ltd Address: 4850 SW Scholls Ferry Road Suite 204 Portland OR 97225 Telephone: 503-292-2582 SIGNED this 29th day of December ,2020. 37 PAYMENT BOND Page 2 WITNESS: Japanese Garden Specialty CONTRACTOR: P P Y LLC By: (Corporate Seal) Title: Legal Address: 13635 SW Hall Blvd Tigard, OR 97223 Attest: Corporate Secretary WITNESS: SURETY: H • on Insurance Company (Corporate Seal) 116..ar—a-1 1f � Title: ' ' •rney-in-Fact / Legal Address: 100 William Street Fifth Floor New York, NY 10038 Attest: Attached Corporate Secretary 38 T R ' 1 Y Bond Number: HA10102159 HUDSON S t 3 :5I16tAIvtw°a'CiROUPT, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware,with offices at 100 William Street,New York,New York, 10038, has made, constituted and appointed, and by these presents, docs make, constitute and appoint Kristine Yates of the state of Oregon its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf,as Surety,bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of One Million Two Hundred and Seventy-Eight Thousand Nine Hundred and Eighty-Five Dollars and Zero Cents Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,•on this .16th day of November ,20 17 at New York,New York. (Corporate,seal) _ HUDSON INSURANCE COMPANY A) 2 Attest ., AO— �4'�r • By rt Dina Daskala kis Michael P.Cifone Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS, On the 16th day of November ,20 17 before me personally came Michael P. ifonc to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporatio escribed herein and which executed the above instrument, that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,th it was sot ffi .by order of the Board of Directors of said Corporation,and that hesigned his name thereto by like order. P '\1N iVI (Notarial Seal) , ••--,. � ; �'1f .• ' Notary''"lie,State of Ne;•York N O.T,9 ••'•.9•0 No.01= 6067553, p I . Qualifier rn -« au County :%OG\'�. = Commission Expires December 10,2021 eL I C '• _ CEYtTIFICATION STATE OF NEW YORK `T *,,,, COUNTY OF NEW YORK '�, ',yrj YO ,,`� The undersigned DinaDaskalaliis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27t%2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,.the Executive Vice Presidents,the Senior.Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business, and to empower suchagent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances,whether made by this Company as surety thereon or otherwise,indemnity contracts,contracts and certificates,and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by s•'d Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and that the ''esolution of th Board of Directors,set forth in the said Power of Attorneyis now in force. � / / Witness the hand of the undersigned and the seal of said Corporation this day o20 20 . (Corporate seal) '.�// / f� r � •�• kt&.'-'( ,MZ( �etyW63at', By �� qi` SEAL'.L trna Dina Daskalakis, Corporate Secretary al' EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Project No: 000646 Project No, N/A Project: North Mountain Park Nature Play Area Construction Project CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to: CEJ All Work under the Contract Documents,or ❑ To the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of CITY,CONTRACTOR and CITY,and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or j corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: Effective as of the last date set forth below,the responsibilities between CITY and CONTRACTOR shall be as follows: Security 0 City 0 Contractor Operation 0 City 0 Contractor Safety 0 City 0 Contractor Maintenance 0 City 0 Contractor Heat 0 City 0 Contractor . Utilities 0 City 0 Contractor - Insurance 0 City 0 Contractor Warranties 0 City 0 Contractor r 39 --J Other Responsibilities: City Contractor J This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents,nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: . - By: CITY accepts this Certificate'of Substantial Completion on: . By: CITY OF ASHLAND • File: • 40 EXHIBIT 'G CERTIFICATE OF COMPLIANCE OP Number: Contractor: I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the above work,and that: 1. If required by law,not less than the prevailing rates of wages have been paid to laborers,workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the ) City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212)hospital associations and/or others (ORS 279C.530) have been paid. - 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon,Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: Title: 41 • • EXHIBIT X CERTIFICATE OF FINAL COMPLETION - Project Number: #000646 l � Project: Japanese Garden Project,Project Number 000646 Contractor: Japanese Garden Specialty LLC Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify,that I have completed my contract,furnished the materials,and performed the work as shown by the final estimate of the City,according to the plans and specifications. Toru Tanaka Owner Contractor Title Date The City has determined the project is 100%complete in compliance with all Contract Documents. Inspector Supervisor Date Project Manager Date e� CITY OF ASHLAND Title Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 43 Attachment A Nondiscrimination and Equal Opportunity Policy for Contractors CITY OF ASHLAND 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the CITY OF ASHLAND to promote equal opportunity to all persons regardless of race,religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services,facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex,age,or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations,terms,or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex,if such rule,standard,practice,or decision is based upon a bona fide occupational qualification which the employer cannot,without undue hardship,modify or waive to accommodate the employee or applicant. With respect to public services,facilities,and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice,or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms,bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local,state,or federal law,or ordinance,or administrative regulation;or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical,psychological,or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY � With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant,but such accommodations cannot be made without undue hardship to the employer; or where,because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without . undue hardship to the employer. With respect to public services,facilities and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations,and are permitted to remain under the provisions of the Oregon State Structural Specialty Code;or 44 B. A program or activity,viewed in its entirety,is readily accessible to and usable by persons who are physically or mentally disabled. C. The purpose of the program, service,or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical, psychological;mobility, social or economic needs of persons so disabled. 5. DISCRIMINATION BECAUSE OF AGE With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must,by law or ordinance,be performed by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate anemployee's retirement. With respect to public services,facilities,and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service,facility,or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons;or B. The purpose of the service,facility,or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy,there are several terms specifically defined in various federal,state,and local laws,ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds,or because they are general laws and ordinances prohibiting discrimination. In addition,judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation,the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability"and"handicap"are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor,and their own legal counsel to ascertain compliance with this policy,federal,state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. ✓" D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act,policy, or practice. The Contractor must,at his own risk and expense,comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts,policies,or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL A. In all advertising, postings, and promotional material relating to hiring, the Contractor shall include the following statement: 45 • "Japanese Garden Specialty LLC.is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race,religion,color,national origin,sex,age,marital status,handicap,or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal Opportunity Employer". - B. In all advertising,postings,and promotional material relating to programs and services funded in whole or in part under a contract with the CITY OF ASHLAND,the Contractor shall include the following statement: "This Japanese Garden Redesign Project is open to all persons without regard to race,religion,color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy,contact Toru Tanka at (503)317-2970 . 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy,whether such grievance or complaint is logged with the CITY OF ASHLAND,or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract,and for at least six months thereafter,the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the CITY OF ASHLAND where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the CITY OF ASHLAND and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS 1 Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved person,be cause for termination of the Contract,debarment from participation in future CITY OF ASHLAND contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES If this Contract is funded in whole or in part by federal or state grants,there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the_work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs,specific goals as to percentages of such persons employed in certain jobs,specific standards for the amount of work to be subcontracted to minority-owned businesses,etc. If there are such additional requirements beyond this policy,the Invitation to Bid will state: "This project is funded in whole or in part through the City of Ashland. Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." 46 Japanese Garden Specialty,LLC Japanese Garden Design,Maintenance JI &Construction Management !i / I 1 4 _.• PROPOSAL August 17,2020 Jeff Mangin Director of Ashland Parks Foundations` 340 S Pioneer Street Ashland,Oregon 97520 Project Name: Ashland Japanese Garden Project Project Location: LITHIA Park Windburn Way,Ashland Oregon 97520 This estimate are based on drawing by Japanese Garden Specialty,LLC Dated Oct 2018,Aug.2020. Description: Site Preparations: $4,250.00 Design lay out on site Consult/instruct sub-contractor each task Elevation set-up • Slate Installation: $75,610.00 Main path way by the entry gates area After concrete foundation cure MICA slate mortal set in Approximately 1,049.50.sq/ft Acid wash and seal after distillated Slate Works $2,250.00 Set in with concrete exposed aggregate path way Locations at wood deck areas • Before poor concrete set in MICA slate Approximately 32.0sq/ft Japanese Roof Tile Built On.the Concrete Wall $65 150.00 Set Japanese roof tiles on concrete wall 265' total length Sub wood structure under the roof tile include • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com t r l Bamboo Fence $13,750.00 YOTSUME style KINKAKUJI style And another style choice by Designer Total 198'length average 3' height Tea garden,both side of entry path way Build location and style are Behind of BONSAI stand installed MISU-GAKI.style Decoration,separations,divides purpose Japanese Roof Tile Drain Edging: $3550.00 Between concrete patio and Sand&stone garden Decoration edging 80'length Black pebble rocks full in the,drain ditch Main Slate Path way Drainage Systems: $7,800.00 Stone edge and 8'-with black pebble rock filled Two catch basins install and connect to drainpipe Ornamental Stone Lanterns and Stone Basins $54,000.00 Import from Japan Purchases trip require to Japan 9 stories stone tower included 7 types lanterns 8' to 2'height and variety of styles Designer will chose high and style and setting locations 2 Water basin,one is future Tea garden and by entry path Lanterns set on the foundation/concrete base include Pond Decoration: $48,550.00 Help locate/set large rock/boulders for SGL,Inc. Detail pond edging decorations Small,medium stones and burned log edge Black mortal w/aquarium sand finish One pond two different depths space Build bog)garden and stand for water lily pots Two water fall TSURU and KAME Island Hiding place for KOI-fish Pebble beach Rocks and stone provide SGL,Inc. Proposal LITHIA Park Japanese Garden 8-17-2020 page-2 Water fall and Creek Decorations: $34,250.00 Help locate/set in large rock/boulders for SGL,Inc. - Water fall 6'plus high Detail creek edge decorations Small,medium size rocks,burned logs edges Black color mortal w/aquarium sand finish Stepping stone bridge and 2 rectangular stone bridge YUKIMI style stone lantern set inside of creek Same aqua plants planted for the water quality ' Rock,stone provide from SGL,Inc. Decoration Boulder,stone Placements: $25,500.00. Material/equipment/labor provide by SGL,Inc Setting placement in highlight of the gardens All new landscaped area include main path(Bose side of path way edgings)and retaining wall Plants materials:, $89,150.00 Specimens Trees Quantity Common Name Size Note - 9 Japanese Black Pine 10"-D 12'-H Sculpture pine 25 Japanese giant timber bamboo 3'-5"-C 25'+--H General Trees, Shrubs,Ground cover plants • Quantity Common Name Size Note 45 Camellia sasanqua. 5-Gal pink or rose 55 Hickii Yew 5-G for Hedge 45 Japanese Box wood 3-G for Hedge 4 Wisteria 5-G Chinese 10 Japanese UME Apricot 10-G red,pink,white 15 YOSHINO Cherry 1.5'-C 1 KATSURA Tree 1:5"-C 9 Japanese Maple 1:5"-2.0"-C Mix Variety 30 Azalea:Hino C 1-G. 5 Camellia japonica 5-G Mix color 6 Hinoki Tree 3-5=H 2 Dog wood 1.5"-C. Pink,white Proposal LITHIA Park Japanese Garden 8-17-2020, page-3 • • 3 Cryptomeria Japonica 5-G 6 Daphne 1-G • 8 Burning Bushes 5-G 1Asian pear 15-G 20.centuries 1 Persimmon 15-G FUYU 6 Hydrangea 3-G 3-G Mix 6 Magnolia stellata 5-G Pink,White 1 Magnolia soulangiana 15-G Red,Yellow 5 Malus 5-G 6 Nandina 5-G. common 6 Osmanthus 5-G Mix Variety 20 Pieris Japonica , 2-G 2` Tanyosho Pine 3'-H 6 Mugo Pine 2-G 10 Otto Luyken laurel 24"+-W B&B • 10 Portugal Laurel 3'-H B&B ' 12 Rhododendron 3.5-G Mix color , 24 Sarcococca 1-G ' 6 Viburnum T. 5-G 12 Perennial Flower 1-G Mix Variety 24 Aqua-Plants 3-G Mix Variety Provide all above plants only - Designer will guide planting spots or locations Designer will substitute plants,size and quantity General Construction Management and Designer Works $156,000.00 Supervise site construction works Provide MISC.design detail Site work and helping with SGL,Inc Weekly 2.5day work for Ashland Japanese Garden Example schedule for week(Depending work schedules) Monday AM-travel PM-site works, Tuesday all'day site works , Wednesday AM-travel Accommodations, Travel Expenses Per-Dime Until construction competed Conshuction will start October 19,2020 26 month estimate duration months(until compete) Proposal. LITHIA Park Japanese Garden 8-17-2020 page-4 II White Granite Chip installations $15,580.00 Sand and stone garden,Flat/Moss s Garden area Fine grading 3/8"�5/8"white granite chips overthe filter cloth Approximately 3,700.00 sq/ft 1.5"depth General Contract Amount: Japanese Garden Specialty,LLC $595,390.00 Sub Contractors Solid Ground Landscape Inc. $584,725.00 General landscape works,concrete works and other contract works Carpentry sub contractor Total budget amount w/material,labor $98,870.00 Build Main Gate strictures with out Japanese roof tilesetting in With out Japanese roof tile installations 2 garden gate attached cedar fence Optional Works Not include original proposal Ticketing house Garden Light Systems Tea Garden Bonsai-Stands Pruning of Existing Trees TOTAL PROPOSAL AMOUNT $1,278,985.00 ' Proposal LITHIA Park Japanese Garden 8.17-2020 page-5 _ t Proposal Amount: $1,278,985.00 Clarification: Site to be clean and ready for landscape Exclusions: Bond,Fee,Approvals,Permits and/or OR state tax Clean up other trade Warranty of transplanting materials Ticket house Bench Tea Garden Warranty: One year against any defect in materials and labor Payment terms: Down payment due upon signing contract of$200,000.00 Within month from theissuance of monthly invoice Balance due upon completion of works Duration of contract Estimated duration of 26.0 working months- Depend on the weather,and other conditions Acceptance of agreement: The above price,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be as one million two hundred seventy eight- thousand'nine ightthousand'nine hundred eighty five dollars and 00/100. Owner's acceptance signature date Japanese Garden S• .1aprmcipi 74,A[1!•'j ---- i Mailing Address a f,; Portland,O' 7280 -/7. Z/O Office 13635: �` Blvd.: Tigard,OR 97223 E-mail: jgardeom Phone: (503) ,41 Oregon landscape contractor. `'i ;. ;nae.#8277 If you have any question or clarification,Please contact-me at(503)317-2970 Thank.you Proposal LITHIA Park Japanese Garden 8-17-2020 page-6 r , Kariann Olson From: Tara Kiewel Sent: Tuesday,January 05, 2021 11:55 AM To: Kariann Olson Cc: Cindy Hanks; Michael Black Subject: PO Request forJapanese Garden Project Attachments: Farm#3 - Requisition Japanese Garden Speciaity LLC- Signed.pdf;Japanese Garden Public Improvement Contract Signed.pdf;w 9 ashland 2020.pdf;Japanese Garden Subcontactor disclosure.pdf; Fw_Japanese_Gardens_Specialty_LLC,_Insurance Certs.zip; bond,jgs, ashland.pdf; Resolution No.2020-19 approving an Exemption from Competitive Bidding.Japanese Garden.2020.pdf; 102020 • _Exemption_to_Public_Improvement_Japanese_Garden_CCFinal.pdf Hi Kariann, Happy New Year! I have a signed Form #3, Public Improvement contract, bonding, insurance, resolution NO. 2020-19 and the council communication for this P0. I currently have digital copies attached and can send the originals over as well.This is a high priority to get created ASAP because we need to have an invoice that I was needing to get paid in this week's check run. Please let me know if you need anything else Thank you! Tara Tara.Ke)./ Administrative Analyst Ashland Parks&Recreation Commission 340 S.Pioneer St.,Ashland,OR 97520 Tel:541-552-2257 Fax 541-488-5314 www.ashlandparksandrec.org This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2257. Thank you. 1 Council Business Meeting October 20, 2020 Agenda Item Adoption of Resolution No. 2020-19 Exemption from Competitive Bidding Requirements for contract to Japanese Garden Specialty LLC: From Michael A. Black, AICP APRC Director Contact Michael.Black( ashland.or.us ' SUMMARY Resolution No. 2020-19 is requesting approval,of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project. This project is being funded by a grant through the Ashland Parks Foundation.Due to the artistic and specialized nature of landscape`design of a traditional Japanese Garden, staff is requesting an exemption to the competitive bidding requirements to award this public improvement contract. POLICIES,PLANS & GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large donation to-accommodate the building and long-term maintenance of the garden PREVIOUS COUNCIL ACTION The Japanese Garden Landscape project was approved in the 2019-21 Biennial budget process as'a CIP-(Capital Improvement Project) for the Parks and'Recreation Department. The Ashland Parks and Recreation Commissioners (APRC) approved the design of the Japanese Garden (January 2019)The design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on October 28, 2019. At the September 23,2020 Special Business Meeting,the APRC.approved the contact for the Japanese Garden construction be awarded to Japanese Garden Specialty, LLC. and that the contract should be presented to the City Council for approval. - J BACKGROUND AND ADDITIONAL INFORMATION Ashland Parks Foundation(APF)received a donation of$1,380,000 million dollars from local resident Jeff Mangin and the Marchal family in 2018 to redesign the Japanese Garden in Lithia Park. The Foundation, in return, is granting those funds and the design of the garden,which has already been approved by the Parks Commissioners,to APRC to redesign and reconstruct the current Japanese Garden. - APF hired landscape designer Toni Tanaka of Japanese Garden Specialty, LLC to design a new authentic Japanese Garden. Tanaka was trained in Japan and was the Director of Portland's Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest(Toru Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring-that Japanese Garden Specialty,LLC. be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process.During design week in June 2018, it was determined that the garden could potentially be redesigned and even expanded without negatively affecting the adjoining park spaces. A fewof the core garden needs identified in the project include creating a truly authentic Japanese Garden that is respectful of the history and culture of this unique garden form and making the garden ADA accessible. Page 1 of 3 CITY OF ASHLAND • Ashland Parks and Recreation staff and the Ashland Parks Foundations held two public information/workshops on August 1 and August 9, 2018,to engage the public about the Japanese Garden redesign. The Japanese Garden plans were originally approved in January of 2019. Soon after the approval,which included the removal of two 100-year old Douglas fir trees, the plans for the garden were put on hold by the donor and the Parks Foundationwho were funding the project. The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28, 2019 with the,following conditions; 1. All twelve of the Douglas fir trees in the"Boy Scout Grove" shall be retained, including the two within the boundary of the proposed Japanese Garden. a. Condition Satisfied. All the trees in the Douglas Fir Boy Scout Grove are being preserved. 2. A special tree protection plan shall be created to protect the entire Doug fir grove. a. Construction and any other work within the drip line of the Douglas fir Boy Scout Grove would only occur as recommended by certified arborists with the goal of maximizing protection for these trees above and below ground. b. The exception to the above being that the area within the drip line south of the existing east west sidewalk by the Douglas fir trees may require root disturbance to gain ADA access and other reasons. It is understood that work in this area would include supervision by certified arborists but reasonable measures to allow Garden construction and planting work would be allowed. c. Condition Satisfied. Two certified arborists and Kerry KenCairn, a local landscape architect,.created a tree protection plan that satisfies this condition of approval. The tree protection plan can be found on page T2.0 in the construction plan set. 3. The"Bamboo Forest" area near the Douglas fir trees from the original plan shall be eliminated from the approved Japanese Garden plan. a. Condition Satisfied. The proposed"Bamboo Forest"has been eliminated from the plan. 4. A comprehensive tree protection plan will be implemented by the Ashland Parks Arborist for the area outside of the proposed garden for areas adjacent to, or with potential impact from the proposed construction project. a. Condition Satisfied. The same team that created the plan in item 2, above, has created the comprehensive tree protection plan. 5. The construction of the project is being funded completely by the APF and any contributions from Ashland Parks and Recreation will be through in-kind labor,project management and equipment usage. a. Condition Satisfied. The grant from the Ashland Parks Foundation will cover all material and construction costs, except for specific in-kind contributions.See attached MOU between Ashland Parks Foundation and Ashland Parks and Recreation. 6. Staff shall work with APF and the donor to secure a contract for a ten-year period for a monetary maintenance contribution of up to $60,000 per year. a. Condition Satisfied. The donor has agreed to the ten-year contribution to be administered by the Ashland Parks Foundation. See attached Donation Agreement for the Maintenance of the Japanese Garden APRC has presented the Japanese Garden design to the Tree Commission,Historic Commission, Community Development, and Public Works. Climate Energy and Action Plan(CEAP) considerations—This project is a landscape project and has minimal long- . term environmental impacts. The design does not include the use natural gas or fossil fuels. This project is as water efficient as possible while maintain the authenticity of a traditional Japanese Garden and will make upgrades to the aging irrigation system. Recycled materials will be used when possible including wood and boulders. Page 2 of 3 CITY OF ASHLAND FISCAL IMPACTS The total for this project is $1,380,000,which includes the current bid from the contractor of$1,278,985.00,plus $100,000,which is being added for the deck at the pond($75,000) and a small contingency. This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition work and limited general labor. The Foundation is granting APRC up to $1,380,000 of expenses related to the design and renovation. The grant of$1,380,000 is enough to cover the cost of the renovation. APRC staff will offer support to the construction with in-kind matches associated with some onsite construction and the use of some of APRC's equipment. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per year.APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park maintenance. It is anticipated that the cost of maintenance of the garden will increase almost four times,making the new expense for the garden between$70,000 and$80,000 per year. The Donor and the Ashland Parks Foundation agree to enter into an agreement to pay up to $1,380,000 for the construction of the Japanese Garden and up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary, expenses are expected to increase immediately upon the opening of the new Japanese Garden. Those expenses could grow from$20,000 per year to approximately $75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation, coupled with the$20,000 peryear from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the Qbudget. STAFF RECOMMENDATION The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will always need regeneration after a time. The Japanese Garden is at a point when regeneration, or reconstruction, is•necessary in order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds, and that we have secured what amounts to a$600,000 maintenance endowment over ten years, is why we are so excited about moving this project forward at this point. The garden needs work to maintain its aesthetic. It also requires,an accomplished designer who is qualified in_both the physical and cultural requirement to design andbuild an authentic Japanese Garden. We have been granted a gracious gift to not only maintain but expand the garden's aesthetic and we are excited to move this project forward. This project will also employ several local contractors and their employees for up to two years. Staff recommends the adoption of Resolution No. 2020-19 which grants an Exemption from the competitive bidding process for the Japanese Garden Project. ACTIONS, OPTIONS &POTENTIAL MOTIONS 1) I move approval of Resolution No. 2020-19 that the City Council, acting as local contract review board, approve this exemption to a public improvement contract and awarding the contract to Japanese Garden Specialty LLC. REFERENCES &ATTACHMENTS Attachment 1: Resolution No. 2020-19 with draft written finding of fact for the Exemption of the competitive bidding process for a public improvement project. Attachment 2: Public Improvement Contract Attachment 3: MOU Ashland Parks Foundation for funding of Japanese Garden Project Attachment 4: MOU Ashland Parks Foundation for Japanese Garden Maintenance Page3of3 CITY OF ASHLAND EXHIBIT A FINDINGS OF FACTS SUPPORTING AN EXEMPTION FROM THE COMPETITIVE BIDDING REQUIREMENTS FOR THE ASHLAND PARKS AND RECREATION COMMISSION JAPANESE GARDEN RENOVATION PROJECT I. The following findings in support of an exemption from the competitive bidding • requirements are submitted to the local contract review board for consideration: (a) The exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. This project meets the criterion.Exempting the Japanese Garden contract will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact,the Ashland Parks Foundation engaged the two most prominent Japanese Garden Designers in the northwest(Toni Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer. Toni Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation (APF), as the grantor of this project,hired the designer and is requiring that Japanese Garden,LLC be the contractor to ensure that cultural sensitivities and accuracies are carried forward from the design through construction. (b) Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benefits to the contracting agency or the state agency that seeks the exemption. In approving a finding under 279C.335(2)(b),the local contract review board shall consider the type, cost and amount of the contract and, to the extent applicable to the particular public improvement contract or class of public improvement contracts,the following: (A)How many persons are available to bid: Authentic Japanese Gardens, including their design and construction is a specialty, and as such,there are a limited number of qualified persons to bid on this type of project. As stated above, both of the qualified Japanese Gardendesigners in the northwest were engaged for this project, and Toni Tanaka was selected by the APF. (B) The construction budget and projected operating costs for the completed public improvement: The total for this public improvement contract is`$1,380,000,which includes the current bid from the proposed contractor of$1,278,985.00. This project is being funded in total by the grant from APF,.and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and Page 1 of 4: Exhibit A to Resolution No.2020-19 demolition work and limited general labor. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per year. APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park's expenses. It is anticipated that the cost of maintenance of the garden will increase almost four times,making the new expense for the garden between$70,000 and $80,000 per year. The donor agrees to enter into an agreement to pay up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. • In summary, expenses are expected to increase immediately upon-the opening of the new Japanese Garden. Those expenses could grow from $20,000 per year to approximately$75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. (C) Public Benefits that may result from granting the exemption: The guiding principles of this project is to create an authentic Japanese Garden that is respectful of and accurate as to Japanese history and culture. Improvements include ADA accessibility, cultural authenticity, and improvements to the garden design and experience. (D) Whether value engineering techniques may decrease the costs of the public improvement: N/A (E) The costs and availability of specialized expertise that is necessary for the public improvement: As stated above, authentic Japanese gardens, including their design and construction, are a very specialized form of garden. As such,there are a very limited number of qualified persons to bid on this type of project. (F) Any likely increases to public safety: Improving aging stone walkways will improve trip hazards. (G) Whether granting the exemption may reduce risk to the contracting agency,the state agency, or the public that are related to the public improvement: N/A Page 2 of 4: Exhibit A to Resolution No.2020-19 (H) Whether granting the exemption will affect the sources of funding for the public improvement: The granting agency,APF, is directing that the City use Japanese Garden Specialty,LLC for the construction of'this project. If this contractor is not able to be utilized, funding for the construction of this project will not be available. (I) Whether granting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement:.N/A (J) Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement: N/A (K) Whether the public improvement involves new construction or renovates or remodels an existing structure: This project is a landscape renovation of the existing Japanese Garden in Lithia Park. This improvement project will expand the existing garden area by approximately 700 square feet while preserving historic elements. (L) Whether the public improvement will be occupied or unoccupied during construction: The Japanese Garden will be unoccupied and unavailable for public use during construction.A limited area of Lithia Park will be closed for use during construction. This area is limited to the current Japanese Garden and the immediately surrounding areas. (M) Whether the public improvement will require a single phase of construction or multiple phases of construction work to address the specific project conditions: • This project is a single-phase project to end by December 31, 2022. (N) Whether the contracting agency or state agency has, or has retained under contract and will use contacting agency or state agency personnel, consultants and legal counsel that have the necessary expertise and substantial experience in alternative contracting methods to assist in the developing the alternate contacting method that the agency or state agency will use to award the public improvement contract and to help negotiate, administer and enforce the terms of the public improvement contract: The City of Ashland Legal Department staff has extensive contracting experience and is assisting in developing this alternative contact. Legal counsel, along with APRC staff,will help negotiate, administer, and enforce the terms of the resulting public improvement contact. The process for which approval is sought was also recommended by other jurisdictions when a project does not fit into the traditional competitive design/bid/build processfor public improvements. Page 3 of 4: Exhibit A to Resolution No.2020-19 II. Conclusion (a) Favoritism: Exemption the public improvement contract for the Japanese Garden from the competitive bidding,requirements of ORS 279C.335(1)will not encourage favoritism, due to the specialized nature andcultural importanceof an authentic Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest (Toru Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. (b) Cost Savings: The Ashland Parks Foundation as the grantor of this project hired they designer and is requiring that Japanese Garden,LLC, be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. This project is being grant funded by Ashland Parks Foundation. APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition work and limited general labor.Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden.APF is granting an annual donation of$60,000 per year for ten(10)years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in/ maintenance will not\cause an undue hardship on the budget. J An exemption from competitive bidding requirements is appropriate under the facts set forth above. Page 4 of 4: Exhibit A to Resolution No.2020-19 4,. • • - - ,-------- ,. x,.•...:0-,4:itre:',--5::.-P,14,7/7 -I . . ' - . I I . _ '7•x.-•-r;-,1 c,:-. 1-1'.--...--41'1-4.i. ' "'-'d/ .6-'°'. 'Irw" 70,-.7-, '''' ,flit— // /- - I: .... -..c,..,..401 -65.....; 7,,.. '!•••,,,- 1.1-.„___,... ,, ,-- --,-, . , • '....t ,..r• 57-1 ,}.".".4 i.-- '',--A-14',....7,-ti-.X;61T47.''' litV.il'''Fie7'47-11-117 rt.,. . .... 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".„1.4, , RgY/ r. • -----..„ ' — •- — A yVG El `�' ''.1.. ill; f m wf.‘.,..—p--- , dam- . • TREE TABLE ' - TREE TABLE -----� TREE LEGEND ' KenCaiffi NUMBER SPECIES DBH" CRZ' ACTION NUMBER SPECIES DBH" CRZ' ACTION / \\\ .--✓' -`�-__..�- -" ••--✓ � Landscape Architecture 1 PSEUM 27 41 PRESERVE 79 ACER 4 6 REMOVE / \ i � \I • TRANSPLANT 2 PHOT 6 9 REMOVE 80 ACER 0 0 GONE I \ 3 PHOT 8 12 REMOVE 81 CARY 5 8 REMOVE I y/ 1 4 PHOT 12 18 REMOVE 82 ACER 37 56 PRESERVE ROOT PRUNE I� • \ , I , 1t '11 f 1 1 1 L` ���\ ® REMOVE .-r 5 PRUL 12 18 PRESERVE 83 ACER . 15 23 REMOVE / \; t j , 1 _ i \ 6 PRUL 12 18 PRESERVE 84 MALU 0 0 GONE / • r- y�, PRESERVE � V .. 7 ACER 22 33 PRESERVE 85 ACER 4 6 REMOVE y �, ,/�, �I 1, 111 } ,�;"T�{ , r \� c / - 1\ • 8 PSEUM 30 45 PRESERVE '86 ACER 3 5 REMOVE I • ( I t ' ' '1 '\1 1' ' \ ,\' `\I,'` I *x. ' /, 9 PSEUM 39 59 PRESERVE 87 ACER 18 _ 27 REMOVE I t\ 2,1 '\ '1 ", ,1 '\I\ 1, '\ \\ 1 I _ •• R>•• 10 LINK 14 21 PRESERVE 88 MAGN 7 11 REMOVE \ i;_ 1 ,11 1 \ \\ \ 0.__ °"^n°° 11 LINK 14 21 PRESERVE 89 CUPR 64 9 REMOVE 1dp } \I ,\ / rumm,w a�..m 12 PAUL 14 21 REMOVE ROOT PRUNE 90 ACER 11 17 REMOVE I \ 'i I y ,I' /, \ \, / I 13 ACER 4 6 PRESERVE 91 1UGL 6 9 PRESERVE 'I ' •'I `\ - '1'\�\ P'\ 2 '•.I I S'Crr�TER .& 14 GINK 20 30 PRESERVE 92 CALO 29 44 PRESERVE y 1 ,1 ,\ c ,\ / ,\ 1, j / 4 urEo OREGOH 15 ACER 9 14 PRESERVE 93 PICEA 24 36 PRESERVE 1 I 1 .V , \ \ '� '3,, c' 11..eam F. 16 PADO 0 0 PRESERVE 94 ARIES 34 51 PRESERVE I I 1 I A, 11 1'\ x/\ \\ .,I `\ \\ . Zr?CALO 36 54 PRESERVE ROOT PRUNE 95 PSEU 28 42 PRESERVE I‘\--,,--. - -- _ ,i L �1/ \\I.-VI _ ,\ �\ % \ 2'�'?"�"m'e 18 MAGS 4 6 REMOVE ROOT PRUNE 96 CAW 9 14 REMOVE \_ _ 'r-l;-` � �t I j 64;r... S.0 19 TSUGA 4 6 PRESERVE 97 ACER 40 : 60 PRESERVE \\ -- i_ P� ,'\ ,�l '\ \ '\ \,'`\ \I\ '\ 1 R A 20 GINK 16 24 PRESERVE 98 CALO 4 6 REMOVE '-" \ I• • •1 - ' 21 GINK 17 26 ,PRESERVE 99 TSUGA 4 6 REMOVE ---� t 1, \. `1` ,'\ \ \\ \ j Drum By: 22 CUPR 15 23 TRANSP 100 CEDR 0 0 GONE + \ 1, 11} ,1 1 '\ 'I '1 \\ � IN8DIALS 23 HAMM 9 14 PRESERVE 101 ACER 35 53 PRESERVE \ 0\ 1 . -\ \F \ -..,,,'•-,, 1 Sem 24 CUPR 7 10 PRESERVE 107 CALO 22 33 PRESERVE \ /' k//1 ,�\\ ` �i �>� 25 ACER 9 14 PRESERVE ROOT PRUNE 103 ACER 24 36 PRESERVE AllR �` ', '`/k," '' \' i \ \ 26 ACER 8 12 PRFSFRVE 104 ACER 24 36 PRESERVE t_/ 11 ,1' I,i iI I ' ' ``\ \.s.,:`,„ 1,„-`1-11? \, \\I 27 GINK 12 18 REMOVE ROOT PRUNE 105 JUNI 15 23 PRESERVE /•'11\ /11 1 I' �\, / 28 SHRUB 4 6 REMOVE 106 ACER 8 12 PRESERVE / .1.1•( t jr 1 I , -•; r$i'•r. -. \ 1 ji 29 ACER 10 15 REMOVE 107 ACER 11 17 PRESERVE 1 i \' \ �j I\ \V„/ ,_ \ -aFP' ( i \.) 30 CRAT 17 76 REMOVE 108 PRUN 5 8 PRESERVE 1i \' k 1 , '--� 31 ACER 4 6 REMOVE 109 ACER 19 29 .PRESERVE I\; \\\y It �j/, 32 CEDR 6 9 REMOVE 110 ACER 9 14 PRESERVE / IL ,APt';,V. f, 1`. 0 ® t N 33 JUGL 11 17 111 ARBU 12 18 PRESERVE I '” I 1 t ` \ ' • j,,\ r - e \ 34 PINUS 12 18 PRESERVE ROOT PRUNE 112 ARBU 13 20 PRESERVE \ �,,,Ihl I „- , 'I \ \ \` 35 ACER 6 9 PRESFRVE 113 QUER 5 8 PRESERVE 1 " 1 / \--�� l`- \ Qt# J`\ • 36 CUPR 3 5 REMOVE 114 QUER 20 30 PRESERVE "1� 1® -1 `�y '\ ''� I' ( \\ 37 DEC 6 9 PRFSFRVE 115 CARY 10 15 PRESERVE / '�'�1��C . - 1%"••✓ 4 /�' 11 - 38 CUPR 11 17 PRESERVE ROOT PRUNE 116 ARBO 5 8 PRESERVE / \ ` �" r'\ I 39 PRUN 16 24 REMOVE 117 CALO 9 14 PRESERVE \ ^`''` 12,1 4/ ' P r +.., `/I / 'I 0 I 40 ACER 6 9 PRESFRVE ROOT PRUNE 118 i 1 �/Irfse 333 50 PRESERVE 1 %ih y; \` \ ) �'•'Y ;a\ �iiiMItI � . 44 PLAT 19' 29 PRFSFRVE 122 PSEU 35 53 PRESERVEA. h'„ 45 PLAT 17 26 PRESERVE 123 CALO 6 9 PRESERVE I2 I q \ I r1 y 7 7 5a"^%I\ z \_ ",/�// 46 PLAT 20 30 PRESERVE 124 ACER 33 50 PRESERVE \ \ \ { �, � I -1®! �il \ "/� \\\\ I Q_ 47 PLAT 15 23 PRFSFRVE 125 PSEU 31 47 PRESERVE I''1 A`' 1 , 1 `,�IORD 48 PSEU 48 77 PRFSFRVE 126 PSEU 35 53 PRESERVE t '{\, \\1\ ,ham \r.11 ` 1 I , /\ 7,' II EC o 49 PSEU 38 57 PRESERVE 127 PSEU 19 29 PRESERVE_ Ii ,' '\ I, \ \ ', I / I i I Q ., 50 PSEU 37 56 PRESERVE 128 PLAT 19 '29 PRESERVE ill \ ..,,,,...k i;',, %I ...„....4..,,),, , 1 I I •. I 0 r SiCD PSEU 33 49 PRESFRVE 129 PLAT 20 30 PRESERVE, LI �`/, \ \ �/' �' I 52 PSEU 43 65 PRESERVE ROOT PRUNE 130 PLAT 17 26 PRESERVE '�'`\ 1' \ \ '`\ '\ \"'a"JI1 / W co 53 PSEU 28 42 MISSING 131 PLAT 32 48 PRESERVE - , ' \ ''\ \ I \\% I \; \ ,\ 1 \\ / tT 54 ACER 7 11 PRESFRVE 137 PSEU 32 48 PRESERVE /1- \ , ' •\ \ '1 \ \ \ _\_1, I I ` I \ i LU ce d 55 DEAD 0 0 DEAD 133 PSEU 27 41 PRESERVE ( 111• ‘. 1 �\ : I, \ \r"'C'" i' ` Z Q 0 '56 ACER 7 11 REMOVE 194 PSEU 29 44 PRESERVE I 1�. \ \\ `'''2, '\ \ �,\V\"\ '1 `-- Q C'2 57 PSEU 47 71 PRESERVE ROOT PRUNE 135 PSEU 29 44 PRESERVE I\ \ , �; ,, /\ \' r/' \ ' \\, '`\ .\ Q„ ¢ .3 58 DEAD 0 0 DEAD _136 PSEU 32 48 PRESERVE \\ I ,1 \, A _ \ \\ \• ,I\ \\`, '' Q F t 59 DEAD 0 0 DEAD _117 CHAM 33 50 PRESERVE I III ,'I S `\ `>,! \ \/, \,\\\ —, :::i.:-4 60 BUXUS 0 0 REMOVE 136 PICE 3 5 REMOVE / J, . \\ '%1 \1 ' \ 'I0\ .,, 1, \1\ 61 BUXUS 0 0 REMOVE 139 TAXU 12 ' 18 PRESERVE / ,'2'`1 1 \ '1 \I \ I I - - - - 4 62 BUXUS 0 0 REMOVE 740 CRAM 33 50 PRESERVE j I \ 1 1 '1\ ' I 'I I'''�\ 1 I \ +ISION s 63 BUXUS 0 0 REMOVE 141 PICE 5 8 PRESERVE J 1 I l j. ,} td 'I I i 1 1�\, 1 \ REVISION DATE 64 TSUGA 4 6 REMOVE 147 TAXU 14 21 PRFSFRVE_ `,1®r'I, I I 1 ,,1, \\' ,1 I 1 '1• I I I 65 ACER 7 11 REMOVE 749 ACER 10 15 PRESERVE I 1 j \ 11 ,1 \I \ '2, 14 I� 66 ACER 7 11 REMOVE 144 CEDR 42 63 PRFSFRVE may} 1 67 ACER 10 15 PRESERVE ROOT PRUNE PICE II v1�,�, I \` t�1 1 ,'` ,'4`t, ,'I TREE 68 CALO 69 104 PRESERVE \ '1.--1,-.\ '+ 1 ' 69 CALO 27 41 PRESERVE i I 1 i ,i \ `11 �`, r— �} INVENTORY 70 CEDR 19 79 PRESERVE \\ �\'.;.\-4 i/' t ,,\ \, 111 /X 4, '{` \� SAVE AND 71 IUM 24 36- PRESERVE \ 1 \2 v,, ,. , I 11 ® REMOVAL 72 DEC 10 15 REMOVES \ I` y1 i�Y�1 1`. I 0 / ISSUE DATE: 73 ACER 10 15 PRESERVE ROOT PRUNE / , 74 ACER 8 12 REMOVE ��*/i, 1 ' \\\\ i' ``\�.. / 75 ACER 12 78 TRANSP 4t29� 76 CEDR 8 17 REMOVE I I I • 1 I • \ 77 ACER 4 6 REMOVE ' I I T 1.0 78 ACER 10 15 TRANSP \ / \ / \ i \ • - - - KenCairn / \\t —J Fa \{ TREE PROTECTION AND REMOVAL NOTES LandscapeArchitecture \ ( ® IED m r0 I 1. PRIORTO DELIVERING EXCAVATION EQUIPMENT OR COMMENCING ANY CONSTRUCTION ACTIVITIES ON 11.EROSION CONTROL DEVICES SUCH AS SRT FENCING,DEBRIS BASINS.AND WATER DIVERSION Q _ .�] m — ` THE SITE,THE GENERAL CONTRACTOR SHALL CONTACT THE LANDSCAPE ARCHITECT FORA STRUCTURES SHAD-SE INSTALLED ON THE UPHILL SIDE OF THE TREE PROTECTION TONE TO PREVENT v I J4 i 1. PRE-CONSTRUCTION MEETNO WITH THE LANDSCAPE ARCHITECT AND EXCAVATION SUPERVISOR SILTATION AND/OR EROSION HYALIN THE TEE PROTECTION ZONE / I \ 1 1/2 % 1 ' 1 \ ' 4 ' f ' ( PRIOR TO COMMENCING ANY WORK ON THE SITE.THE LANDSCAPE ARCHITECT SHALL BE NOTIFIED ® jer \% } BYTE CONTRACTOR 4B HRS.IN ADVANCE FOR ALL SITE VISITS EOUESTEO,CONTRACTOR SHALL 1Z.BEFORE GRADING,PADPEPARATION.OR EXCAVATION FORTH.FOUNDATIONS,FOOTINGS,WALLS. , I 1I !�'. OBTAIN WRREN APPROVAL FROM THE OWNERS REPRESENTATIVE TN.CONSTRUCTION MAY BEGIN OR TRENCHING.ANY TEES WITHIN THE SPECIFIC CONSTRUCTION LONE SHALL BE ROOT PRUNED I ,/� /� ' t { \'1 \\. ' 7 AFTER ALL OF THE DESCRIBED FENCING IS IN PLACE.FENCING SHALL REMAIN IN PLACE UNILLTHE FOOT OUTSIDE THE TREE PROTECTION LGE BY CUTTING ALL ROOTS CLEANLY ATA SO DEGREE IS> \ { \ i^ I\ \ (I\ _ , PROJECT IS COMPLETED. ANGLE TO A DEPTH OF 24 INCHES.ROOTS SHALL BE CUT BY MANUALLY DIGGING A TENCH MO \ I ® ( •• % , • I ,• \ , —©' I CUTTING EXPOSED ROOTS WITH ASAW.VIBRPTWG KNIFE,ROCI(SAW.NARROW TRENCHER WITH { 1 I/{ } 't {\• '\ \ •• •• \„_ 2 FENCES MUST BE ERECTED TO PROTECTTEESTO ar.aEoPRESERVED/3 SHOWN IN DNGRM.FENCING SHARP BLADES,OR OTHER APPROVED ROOT-PRUNING EQUIPMENT. • ` 11. { • \ • •, , • ® SHALL BE S TALL TEMPOBUT CHAIN LINK PANELS INSTALLED WITH METAL CONNECTIONS TO ALL \ j\ 1 1 ' I `` I'\ ` \ ~,l 1 PANELS AREA INTEGRATED,THESE FENCES SHALL BE INSTALLED SO THAT R DOES NOT ALLOW 1 ANY Room TCI DAMAGED DURING GRADING OR CONSTRUCTION SHALL BE EXPOSED TO SOUND TISSUE \� IS i }} t ) © { {r { '•I I •` •`•\•`\• � J, PASSAGE OF PEDESTRIANS ANG OR VEHICLES THROUGH R.FENCES DEFINE A SPECIFIC PROTECTION AND CUT CLEANLY AT A BO DEGREE ANGLE TO THE ROOT WITH A SAW.PLACE DAMP SOIL AROUND ALL wueulw ,Mlnw ZONE FOR EACH TREE OR GROUP OF TREES FENCES ARE TO REMAIN UNTIL ALL SITE WORK HAS LUT ROOTS TO A DEPTH EQUALING THE EXISTING FINISH GRADE WITHIN 4 HOURS OF CUTS BEING ARLA9 ® i ® 'its 1 1 'I I •' '1 / 11 I\ • ® BEEN COMPLETED.FENCES MAY NOT BE RELOCATED OR REMOVED WITHOUT THE PERMISSION OF MADE UNDSCME ARCHITECT, J { 11 /\ I, 11\ ,\ \ A. T¢ 14.ffTEMPORARYHAULORACCE59 ROADS NUSIPA550VE(STHEROOTARFAOFTREES TO BE ® :©} 1 ,s i `/ . 1\ ,,•\• • ��' �.. \ ]. CONbIRIICTIONTPARERS.TPAFFlGMOSTORAGE MEAS MUST REMAIN OUTSIDE FENCED TREE RETAINED.AROM BED OF INCHES OF MULCH OR GRAVEL SHALL BE CREATED TO PROTECT THE 61STER ( I ,/ `\/I, •••' \ /, PROTECTIONZONESATALLTMES. SOIL THE ROM BED M.M.SHAL.BE REPLENISHED AS NECESSARY TO MAINTAIN A B INCH DEPDI ..1...n.).„6)-6MFO ( IIS I�1 1 ISI c ,`,� , I-• ,'' 4. ALL PROPOSED UNDERGROUND ORDRES AND CRAIN OR IRRIGATION LINES SHALL OE ROUTED 15.SPOIL FROM TRENCHES.BASEMENTS.OR OTHER EXCAVATIONS SINAL NOT BE PLACED WITHIN THE OREGONREG3 44 \�'t .�\.'.4‘, , OUTSIDER.TEE PROTECTION ZONE.IF LINES MUST TRANSVERSE TE PR OTELTI00000TNEV TREE PROTECTION LOE-EITHER TEMPORARILY OR PERMANENTLY. F It \ M I _ — t I,'. \ •\,•,,•'\,` ``'� `,P ® SHALL BE TUNNELID OR BORED UNDER THE TREE ROOTS.NOTIFY THE LANDSCAPE ARCMTECT Y OI \ —n a \'\ N. 1 \. MOMELNTELY IF ANY PROJECT PLANS CONFLICT WITH THIS REQUIREMENT. 14 NO BURN PEES OR DEBRIS PILES SHALL BE PLACED WITHIN THE TREE PROTECTION ZONE.„MASHES. Z KmT KmpVA4 DEBRIS.OR GARBAGE MAYBE DUMPED°MILIEU.,WITHIN THE TEE PROTECTION ZONE A 1 \\ J f`;I ^ J,11t '• \\ '\ •\ •,•T. `' ® I 6 PAARED WIENTTHENO MATERVES. wTREE PROTECTION LOE(FFECEDDMENT.SPOIL.OR WASTE OR N }ATER MAY BE DEPOSIT®.SIOEO.OR 11.MAINTAIN FIRESAFE AREAS AROUND FENCED AREA ALSO.NO HEAT SOURCES,FLAMES,IGMTION �'1PE ARC 'Ss"I T 'I `\ \• \ ( SOURCES,OR SMOKING IS ALLOWED NFMMULCHORTREES. ' 6. NOTIFY THE UWDSCAPE ARCHITECT IF TREE PRUNING IS REQUIRED CONSTRUCTION=ARMEE. 11> 11�' •.;i`\ 1,11 \\ , ,,'`\ `\• \, / ` ® ANY 16.DO NOT RAISETHE SOIL LEVEL WITHIN TIE DRIPLINESTO ACHIEVE POSITIVE DRAINAGE EXCEPT TO Drawn BR t % 1 / `` I T. M HERBICIDES PLACED UN DER PAVING MATERIAE MUST BE SAFE FOR USE AROUND TREES AND MATCH GRADES WITH SIDEWALKS AND LURES,MO W THOSE AREAS,FEATHERTHE ADDEO TOPSOIL L �,,1] 111'\ 11t 1.--1,-... \1', I I /•• LABELER PORTRAY USE BACK TO EXISTING GRADE AT APPROXIMATELY 21 SLOPE INTRIALS • '/; I /1, 1; ti\\\ I 0i B:IF EIJURYSHOULOOCCUR TOANY lEEOURNGCONSTRUCTION.NOTIFY THE LANDSCAPE 19.REMOVE THE ROOT WAD FOR EACH TREE Rai IS UAL,IGTE00NT1EPllW A9 BEING REMOVED. ., I,. T`\ ` /1 I' \ /.. '"\i \ G ARCHITECT IMMEDIATELY.ALL DAMAGE 50CAUSED BYCONSTRUCTIONACTION TO EASTNGTRFPSSHALL BE SCALE `\ COMPENSATED FOR BY THE OFFENDING PARTY,BEFORE THE PROJECT WILL BE CONSIDERED 20.EXCEPTIONS TO THE TREE PROTECTION SPECIFICATIONS IMYONLY BE GRANTED IN EXTRAORDINARY 41 -� i I 1 \ ,� :' i �,: 'w ''^',©5�J }B \.T2� )' COMPLETE CIRCUMSTANCES WITH WRITTEN APPROVAL FROM THE LANDSCAPE ARCHITECT PRIOR TO ANY WORN • r 4 j I • ' COMMENCING. %) TID� T . I 'I I ) ' �I\ I \ 1 I / 10.WATERING SCHEDULE:WATERING PROTECTED TREES SHALL FOLLOW THESE STANDARDS HOWEVER ✓ I•b / PERIODS OFEMEME HE THESE OYES.RAINFALLOR DROUGHT MAYEOUIE ALOE OR LE59 WATER 21,M A PROTECTIVE MEMUE TO COMPENSATE FOR CONSTRUCTION IMPACTS,TWO TO SIXWEENS `'�) ' % 1 /if A'___ t © ' THAN RECOMMENCED IN THESE NOTES. PRIOR TO 0ONSTRUC0O1,ALL RETAINED TREES SHOWN ON THIS PLAN SHALL RECEIVEAN } Q' 1 / '\ t/ '\ •/`.__. 1 �j`, t I • A MOST SPECIES:I TIME PER MONTH DURING IRRIGATION SEASON(USUALLY MARCH THROUGH APPLICATION OF MTCOMPLY ALL PURPOSE SOLUBLE PER MANUFACTURERS INSTRUCTIONS.III] tti SEPTEMBER)' MYLORRHPAE PRODUCT ISA SPECIALLY FORMULATED NATURAL ROOT BI°STIMULAFLT WHICH 'Il t D (/ • 7. �)I ` _—_ B. OUERCUSIONC DEEP WATER IN MAY ANO SEPTEMBER DO NOT WATER DURING OTHER ENHANCES THE MSORPTIVE SURFACE AREA OFTHE TEES ROOT SYSTEMS.THIS PROMOTES AND I ` \ {\�,, I ]\ r}Vµ,'! /`. ` MONTHS.FOROAKSALRFADYINTHEWCWRT OF IRRIGATED CONDITIONS,AUTOMATA; IMPROVES NUTRIENT AND WATER UPTAKE CAPAIR00 OF THE REMAINING ROOT STRICTURE /.+`i 4 �',I\ "�• Ie:4 ,`O r I ,` •,/a IAFa(F \rte- ' `--\ 000THEIE„IOREGULAR WATERING 01104.1.NOT BE ALLOWED TO SPRAY ON OR WITHIN]FEET DISTRIBUTE EVENLY WITHIN THE ACME ROM LONE OF RETAINED TREES.APPLY30 ( I'D7I . I —1 , \ T y-1-----.,.=_---','/ \ OF THE TTUNR THE WATER SHALL NOT BE ALLOWED TO POOL OR DRAW TOWARDS THE TRUNK GALS.OF SOLATION PER TREE 6.OBH AND GREATER A MINIMUM OF 4'BELOW SOIL SURFACE IN • 1 1 / 7/ 1'r, \ WATERING METHOD:WIND WATERING SYSTEMS.RECOMMENDED FORTRESS THAT ARE PART OF QUANTITIES CIF IR WILONATEACH PONT OFMPLIGITON.LOCATE THE ACTIVE R00TLAEb WITH \\IY)I W `\N ' \\ \ `I l \ �'�� ` \ ADEVELOPMEMPROJEM THAT MUST BE WATERED TO INSURE TREE SURVIVAL WRING THE LANDSCAPE ARCHITECT PESENT, 1 Li f /u 1\'`. A�,( • , =`'[ •I 1 F`^'eFl per„ .,-. ` C COURSE OF CONSTRUCTION UNTRAUTOMATC IRRIGATION IS INSTALLED. MTCOMRY IS AVAILABLE FROM MYCORRIILLLMPLIGTON.INC:,PHONE(541)418-3985. \L 1lk, ; • �(_• ]\ \ . . ` ori iii 111111111114iell } / �/, 0\.1,'L"\I,',.'113' \\ \ %Ecnt k 170) '', ':- Lei))...\ -4:-'''',,,.\ / ,1 •:i 7'''S'•'..,,„\; Z �w , ', 0� _ tElim( ,A-'. I fIID] ' It(= ®,,,T, \ \ \"(_.,},,.%:"' � , ' ® f o III�T -�I ' `\\�\'\•`b�1�\1 PJi III \\ / ',1‘... ,v'. CPNOPTOF `SSTT TO TREES TO BE i q(y'�1q TEE (W] O '1 \, \ \ 1, '• ; \ / :`\ TREE9T0 :JS'F LM PENOVEO \ , 1 PEN c ON I/ 'i''. \,!� .)\ �) 1 T'-.,',,1 I \ /'/ ` uAIN \ �— '�e./d z Q O CI \ AF \ \ \, c'\\\t11 000100PR° QROKra ..DHTEEISBARD ONTHEF,020 T n \\ T i-\ Q \.\' ,•✓, 't!\,i\ \ \1 \\\ A\'` III M.k.r.N.00,...1. 00..,°1u1Derel,,. MR.w„IG,.:AHv1...1,OSNF..aDarRFea.ID1•5 .05.12 Qa Q C 1,F.♦ ` / ((i f \ ` \1 2L / j' I.®)II. I 1 % } 1 %\\ ,'y i r 1 '/ REVISION DATE I It' Y \ '\ \', \\MI ;I' _t \'—'t TREE 1\ ' • `,1 T, \'1 1 1 11''\ l \ )1'', s_y PROTECTION \ • I\ 1t \ i/;'.. ( IED I ® PLAN '--y\\,, t I l\\\ --' \ // IS• SUE DATE: /I \ / • I .1 \ i' `\\� -- 013930 I II T2.0 \' \ \�-' ,, "te,'N,C\ ,s•,, 4 / . , ....... ...„..,...,....,„..... „,,,,,...\\...,,, \� --\1 �1' / \ �.`•. 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'- ��J ' o .:, ♦ \ . s St yisa „�S O � � ,► u . , y � ....-.' .4i 1' •IipsnW '-i#4,--4,:mmetv.,‘/If • ipt ys'}'.•.t de s 24 {t D ', pf \t� - I �,--'\ ....\\�m '} a ,-,,,,3kr?i 1 ' oa 4t r \� L�X� . a - --.-. --�- . � t•�� / .} ��\\\\����9-)ti '� -1%:'-*&::-.L'-w z__l�r'�II' Y ^` a`ia\ \ ,\z, 0 1 a tl �` :*' ..7.71'11,1''.4',.,'1.,111:*"4'4'‘11:::' ,ft� f\Ia i 01 S el�t • rr9�a,�i:'7,41::.g'11:':,,' yov7 E s�'47::(4:-'. S €; r,' 2L r -� 1JAPANESEGARDEN '� ��O t3g zo LITHIAPARKe� g� -�om ¢ ., -1” O P y Ashland,Oregon,97520 Y Poy 3 a�� s ; z tci, g v : E • - _ KenCaMirn „' `�`\ __�. Landscape Architecture i \ 1 1 i i t ii' ' 'i \ ,\\gip 1 \ •\ 1'`. } ''I J'1 1 1 '1; 1 1 \ 1\'` ,,`\ \�`\I N, 1 \ 111 V '1 \1 i` .w,w x GIS TER4, I i •f ,t )F •t \ j•- ` i OREGON ) dpm 47 '� ,` f 't 1t 1 'y.t \ `\ '1 c' TREE LEGEND 9 .,.. \ �J7/Or [1 _\ ;tt tt \ `\ , i• REMOVE d.Pc ,„ �t. \ F Ni N. 1 '9PE AR \ - ACCT �_ \t t 1 \ '\t \ \ �,-.• 0 HARDSCAPE -t 1 , \ ` ' !> \` i 0 TRANSPLANT INTMALDrawn : , \1 '\\ =< ; 0 REMOVE - scam \iii t ;\ Il\ 1 \, \'t \, \ \ • \\ 1,40 % `oetd�,r J 1 1 ;� \ ‘\;t 1 i j"--0 1 s. 0 PRESERVE _- \� '1 ' I I i ` • 111 I t 'g10 ALL WORK WITHIN 0,-1„ 1 t„, ,, iJ'I ! ,,, `r i I t\i, PROTECTION ZONE -til \\ 1 ` `•ri \-......`- `. :`0. x --- • OR TREES TO BE ViV 'f,;., \ PRESERVED MUST `. I IF h �_c 1 , X, \ FOLLOW TREE CARE �� ' ,- J0 1--";"'.4,.' \ " \ \\ NOTES ON SHETT 2.0 i #: _\,• l'''''' cs- 4,,,,---, 1 ,/:;:e•A A't,k 'dir-7_, 4 — t=, ';-#\W W i € w \s ,„ '��'' SRA �. a�a �c , t S } ,�•` \ ''\/01, \ 4� Fe a r`' 1 w -..„„,,,„„„ . z \\ 1 V ,`. \;\,\'' ,\ \�--', \,-:� p i LLJ o Lu 2 ,�r,,.��L \ `,•\ \ I', \, \ \_--y\bit \ 1 \ z Q O ' 'li• \\ v 't \ \i,• t \ •\It,, ;�15�.1�t1,;}\;''Sit tt \ ,t1 \t ,;�1\,• tt tl _ - -.OBNa,.» r,'�1 ,I 0' \ \ 1 \�'\ I i i I ' \ 1\ REVISION DATE \i \ , ,1 '\ \`\\ ' i 1 I i 'i.''. , . �i \ •1 1 \ 1 \\ DEMOLITION 1\\ \I n 1i \t \t 1% F\.?'\ i-\\ PLAN \\ `✓ '''\. '�\,\ 1 ,� ® ISSUE DATE —%' ,A-; `\ �__-\ 95.1910 r'i 1 1 1 111 0 �' D1 .0 ASHLAND PARKS& RECREATION COMMISSION 340 S PIONEER STREET • ASHLAND,OREGON 97520 COMMISSIONERS: g Michael A.Black,AICP Mike Gardiner Director Joel Heller Q ' ` 541.488.5340 Rick Landt . ' lsl- ei, ,co„ AshlandParksandRec.org Jim Lewis ks 4 REc*,e parksinfo@ashland.or.us Julian Bell Amendment to Tree Protection Notes • 1. Prior to delivering excavation equipment or commencing any construction activities on the site,the general contractor shall contact the landscape architect for a pre-construction meeting with the landscape architect and excavation supervisor prior to commencing any work on the site.The landscape architect shall be notified by the contractor 48 hrs. In advance for all site visits requested.Contractor shall obtain written approval from the owner's representative that construction may begin after all of the described fencing AND WOOD CHIPS ARE in place.Fencing shall remain in place until the project is completed.) 2. Fences must be erected to protect trees to be preserved as shown in diagram. Fencing shall be 6'tall,temporary chain link panels installed with metal connections to all panels area integrated,these fences shall be installed so that it does not allow passage of pedestrians and/or vehicles through it. Fences define a specific protection zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without the permission of the landscape architect. 3. Construction trailers,traffic and storage areas must remain outside fenced tree protection zones at all times. 4. All proposed underground utilities and drain or irrigation lines shall be routed outside the tree protection zone. If lines must transverse the protection area,they shall be tunneled or bored under the tree roots. Notify the landscape architect immediately if any project plans conflict with this requirement. 5. No materials,equipment,spoil,or waste or washout,water may be deposited,stored,or parked within the tree protection zone(fenced area). 6. Notify the landscape architect if tree pruning is required TO OBTAIN construction clearance.ALL TREE PRUNING TO BE DONE BY A CERTIFIED ARBORIST. 770 LITHIA PARK AND ALL APRC PROPERTIES ARE HERBICIDE FREE,NO HERBICIDES ARE ALLOWED ON THE PROJECT SITE.MI rhinlrinr..,I.,.r., .,rinr ,,.,,,;nre re,ntnrr-11r,,,, hn r-, fnr it n-, n,.e,.rl t-rnnr 1r.,r4 I knInri 41, 8. If injury should occur to any tree during construction, notify the landscape architect immediately.All damage caused by construction to existing trees shall be compensated for by the offending party,before the project will be considered complete:IF DAMAGE OCCURS TO A TREE IDENFIED TO BE SAVED CONTACT PROJECT AGENT AND LANDSCAPE ARCHITECT IMMEDIATELY TO DICUSS PROTOCAL.DAMAGE TO TREES THAT HAS NOT BEEN IDENTIFED AND DISCUSSED AT THE END OF THE PROJECT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND ADEQUATE REPLACEMENT WILL BE REQUIRED. 1 al pruning awl o• pruning Qo6p done LINE)certified arborist 10.Watering schedule:watering protected trees shall follow these standards,however periods of extreme heat,wind, rainfall or drought may require more or less water than recommended in these notes. A. Most species: 1 time per month during irrigation season(usually march through September) B. Quercus/oak:deep water in may and September,do not water during other months. For oaks already in the vicinity of irrigated conditions,automatic sprinklers or regular watering shall not be allowed to spray on or within 3 feet of the trunk. The water shall not be allowed to pooLor drain towards the trunk. C. Watering method: hand watering systems,recommended for trees that are part of a development project that must be watered to insure tree survival during the course of construction until automatic irrigation is installed. 11.Erosion control devices such as silt fencing,debris basins,and water diversion structures shall be installed on the uphill side of the tree protection zone to prevent siltation and/or erosion within the tree protection zone. 12. Before grading,pad preparation,or excavation for the foundations,footings,walls,or trenching,any trees within the specific construction zone shall be root pruned 1 foot outside the tree protection zone by cutting all roots cleanly at a 90 degree angle to a depth of 24 inches. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife,rock saw,narrow trencher with sharp blades,or other approved root-pruning equipment. 13. Any roots damaged during grading,Of construction ow LasTsgconfou shall be exposed to sound tissue and cut cleanly at a 90 degree angle to the root with a saw.ALL ROOT TWO INCHES IN DIAMETER OR LARGER SHALL HAVE MUD IMMEDIATELY PLACED AGAINST THE CUT END OF THE ROOT.ADDITIONALLY, FOUR CUBIC FEET OR MORE OF MUD OR SOIL WATERED TO THE CONSISTENCY OF MUD SHALL BE PLACED IN THE HOLE AT THE SURGICAL CUT SITE WITHIN ONE HOUR OF ROOT PRUNING. 14. If temporary haul or access roads must pass over the root area of trees to be retained,a road bed of 6 inches of MULCH shall be created to protect the soil.The road bed material shall be replenished as necessary to maintain a 6 inch depth. 15. Spoil from trenches,basements,or other excavations shall not be placed within the tree protection zone,either temporarily or permanently. 16. No burn piles or debris piles shall be placed within the tree protection zone. No ashes,debris,or garbage may be dumped or buried within the tree protection zone. 17. Maintain fire-safe areas around fenced area.Also,no heat sources,flames,ignition sources,or smoking is allowed near mulch or trees. 18. Do not raise the soil level within the drip lines to achieve positive drainage,except to match grades with sidewalks and curbs,and in those areas;feather the added topsoil back to existing grade at approximately 3:1 slope. 19. Remove the root wad for each tree that is indicated on the plan as being removed. 20. Exceptions to the tree protection specifications may only be granted in extraordinary circumstances with written approval from the landscape architect prior to any work commencing. 21. As a protective measure to compensate for construction impacts,two to six weeks prior to construction,all retained trees shown on this plan shall receive an application of mycoapply all-purpose soluble per manufacturer's instructions.This mycorrhizae product is a specially formulated natural root bio-stimulant which enhances the absorptive surface area of the trees'root systems.This promotes and improves nutrient and water uptake capabilities of the remaining root structure. Distribute mycoapply evenly within the active root zone of retained trees.Apply 30 gals.Of solution per tree 6"dbh and greater,a minimum of 4"below soil surface in quantities of-1/2 gallon at each point of application.Locate the active root zones with landscape architect present.mycoapply is available from mycorrhizal application,inc.,phone(541)476-3985. 22. Apply minimum 4 inches of wood chips in tree protection zone within the construction staging/TREE PROTECTION area. Japanese Garden Specialty,LLC Japanese Garden Design,Maintenance &Construction Management 1 �r , , f ♦-� it -�, PROPOSAL r August 17,2020 Jeff Mangin Director of Ashland Parks Foundations: 340 S Pioneer Street Ashland,Oregon 97520' Project Name: Ashland Japanese.Garden Project Project Location: LITHIA Park Windburn Way,Ashland Oregon 97520 This estimate are based on drawing by Japanese Garden Specialty,LLC Dated Oct 2018,Aug.2020. Description: Site Preparations: $4,250.00 Design lay out on Consult/instruct sub-contractor each task Elevation set-up • Slate Installation: :$75,610.00 Main path way by the entry gates;area After concrete foundation cure MICA slate mortal set in Approximately 1,049.50.sq/ft` Acid wash and seal after distillated Slate Works $2,250.00 • Set in:with concreteexposed aggregate path way Locations at wood deck areas . Before poor concrete set in MICA slate Approximately 32.0sq/ft Japanese Roof Tile Built On the Concrete Wall $65 150.00 Set Japanese roof tiles on concrete wall 265' total length Sub wood structure under the roof tile.include • • • P.O.Box 19403,Portland,OR 97280•E-mail:jgardens@mail.com• Bamboo Fence $13,750.00 YOTSUME.style KI KAKUJI style And another style choice by Designer Total.198' length average 3' height Tea garden,both side of entry path way Build location and style are Behind of BONSAI stand installed MISU-GAKI.style. Decoration,separations,divides purpose Japanese Roof Tile Drain Edging: $3550.00 Between concrete patio and Sand&stone garden Decoration edging 80'length Black pebble rocks full in the drain ditch Main Slate Pathway Drainage Systems: $7,800.00 'Stone edge and 8'-with black pebble rock filled Two catch basins install and connect to drainpipe Ornamental Stone Lanterns and-Stone Basins $54,000.00 Import from Japan Purchases trip require to Japan. 9 stories stone tower included 7 types lanterns 8' to 2'height and variety of styles Designer will chose high and style and setting locations 2''Water basin,one.is future Tea garden and by.entiy path Lanterns set on the foundation/concrete'base,include Pond,Decoration: $48,550.00 Help'locate/set large rock/boulders for SGL,Inc. Detail pond edging decorations Small,medium stonesand burned log edge Black mortal w/aquarium sand.finish One pond two different depths space. Buildbog garden and stand for water lily pots Two waterfall TSURU and KAME Island Hiding place for KOl-fish Pebble beach. Rocks and stone provide SGL,Inc. Proposal LITHIA Park.Japanese:Garden 8-17-2020. page-2 Water fall and Creek Decorations: $34,250.00 Help locate/set.in large.rock/boulders for SGL,Inc. - Water fall 6'plus high Detail creek edge decorations Small,medium-size rocks, burned logs edges Black color mortal w/aquarium sand,finish Stepping stone bridge'and 2_rectangular stone bridge YUKIMI style stone lantern set inside of creek Sameaquaplants planted for the water quality Rock,stone-provide from SGL,Inc. Decoration Boulder,stone Placements: $25,500.00 Material/equipment/labor provide by.'SGL,Inc Setting placement in highlight of the.gardens All new landscaped area include main path(Bose side of path way edgings):and retaining wall Plants:materials:. $89,150.00 Specimens Trees Quantity Common Name , Size Note 9 JapaneseBlack Pine 10"-D.12'-H, :Sculpture pine 25 Japanese giant timber bamboo 3'-5"-C 25'+--H General Trees,_Shiubs,Ground cover plants Quantity Common Name Size Note 45 Camellia sasanqua. .5-Gal pink or rose 55 Hickii Yew 5-G for Hedge 45 Japanese Box wood 3-G for Hedge 4 Wisteria 5-G Chinese 10 Japanese.UME Apricot 10-G red,,pink,white 15 YOSHINO Cherry 1.5"-C 1, KATSURA Tree 1.5"-C 9 Japanese.Maple 1.5"-2.0"-C Mix Variety 30 Azalea.Hino C 1-G 5 Camellia japonica 5-G Mix color 6 Hinoki Tree 3-5-11 2 Dog wood 1.5"-C Pink,white Proposal LITHIA Park Japanese Garden 8-17-2020 .page-3 3 Cryptomeria Japonica 5-G 6 Daphne 1-G • 8 Burning Bushes 5-G 1 Asian pear 15-G' 20 centuries 1" Persimmon 15-G FUYU 6 Hydrangea 3-G 3.-GMix . 6 Magnolia stellata - 5-G Pink,White 1 Magnolia soulangiana .15-G Red,Yellow 5 Malus 5-G 6 Nandina 5-G. common 6 Osmanthus 5=G Mix Variety 20 Pieris Japonica 2-G' 2 Tanyosho Pine 3'-H 6 Mugo Pine 2-G 10 Otto Luyken laurel 24"+-W B&B. 10 Portugal Laurel 3'-H B&B 12 Rhododendron 3-5-G Mix color 24 Sarcococca 1-G 6 Viburnum T. 5-G 12 Perennial.Flower 1-G Mix Variety 24 Aqua-Plants 3-G - Mix Variety Provide all above plants only Designer will guide planting;spots or locations Designer will.substitute plants,size and quantity General Construction Management and Designer Works $156,000.00 Supervise site construction works Provide.MISC.design detail Sitework and helping with SGL,Inc Weekly 2.5day work for Ashland Japanese Garden Exampleschedule for week(Depending work schedules) Monday AM-travel PM-site works Tuesday all day site works Wednesday AM-travel Accommodations, Travel Expenses Per-Dime Until construction competed Construction will.start October 19,2020 26 month estimate duration months(until compete) Proposal LITHIA Park Japanese.Garden 8-17-2020 page-4 J White Granite Chip installations $15,580.00 Sand and stone garden,Flat/Moss Garden area Fine grading 3/8"L 5/8"white granite chips,overrthe:filter cloth Approximately 3,700.00 sq/ft,1.5"depth General Contract Amount: Japanese Garden Specialty,LLC. $595,390.00 Sub Contractors Solid Ground Landscape Inc. $584,725.00 General landscape works,concrete works and other contract works Carpentry sub contractor Total,budget amount w/material,labor $98,870.00 Build Main Gate strictures with out Japanese roof tile:setting in With but Japanese roof tile installations 2garden gate attached cedar fence Optional Works Not include original proposal Ticketing house. Garden Light Systems Tea Garden Bonsai-Stands- Pruning of Existing Trees TOTAL PROPOSAL AMOUNT $1;278,985.00 Proposal LITHIA Park Japanese Garden -8-17-2020 page-S II Proposal Amount: $1,278,985.00 Clarification: Site to be clean and ready for landscape Exclusions: Bond,Fee,Approvals,Permits and/or OR state tax Clean up other trade Warranty of transplanting materials. Ticket house Bench Tea Garden Warranty: One year against any defect in materials and labor Payment terms: Down payment due upon signing contract of$200,000.00 Within month from the issuance of monthly invoice Balance due upon completion of works Duration of contract: Estimated duration of 26.0 working months Depend on the weather,andother conditions Acceptance of agreement: The above price,specifications and conditions,are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be as one million two hundred seventy eight thousand nine hundred eighty five dollars,and 00/100: Owner's acceptance signature date Japanese Garden S - - St%-s r • . .i aprincip ! ;dift,, Mailing.Address `; Portland,O' 7280 /7 2/O Office: 13635Blvd.Tigard,,OR 97223 E-mail: jgarde om Phone: (503) Oregon landscape contractors! -nse#8277 Div If you have any question or clarification,Please contact me at(503')'317-2970 Thank you Proposal LITHIA Park Japanese Garden 8-17-2020 page-6: i } MEMORANDUM OF UNDERSTANDING 1 1 ASHLAND PARKS FOUNDATION AND ASHLAND PARK AND RECREATION COMMISSION Agreement made this 2,1 day of_q , 2020, between the Ashland Parks Foundation and the Ashland ' ' Park and Recreation Commission and is effective upon signing by the Foundation and Parks. RECITALS f s a A. The Ashland Parks Commission has approved the construction of the redesigned Japanese 1 1 Garden in Lithia Park contingent upon a grant provided by the Foundation. i i< B. The Foundation and Parks wish to clearly define the planning and financial components of ii each entity in regard to the Project and to memorialize these responsibilities in this memorandum.of I understanding. E C. For purposes of this agreement, "Foundation" means the Ashland Parks Foundation and } Board Member Jeffrey Mangin to whom the Ashland Parks Foundation Board has delegated coordination responsibility on the project, as well as any other individuals to whom the Foundation 1 Board has delegated specific responsibilities as contained herein. "Parks" means the Ashland Parks and Recreation Commission and the Parks and Recreation Director,to whom the Commission has delegated management responsibility on the project, as well as any other individuals to whom the I1 li, i Parks and Recreation Director has delegated specific responsibilities as contained herein. "Project" li means the redesign and construction of the Japanese Garden. Ii Now, therefore, the Foundation and Parks agree as follows: 7 1. Planning. i A. Parks responsibilities: • q i 1) Parks will provide construction plan requirements to the Foundation / B. Foundation responsibilities: 1) The Foundation will secure detailed construction plans based on the conceptual design that was approved by Parks on October 28, 2019 2) The plans will be prepared by a licensed landscape architect - • li 3) The Foundation will transfer the plans to Parks once they have been declared mutually acceptable by both parties 2, Project Management A. Parks responsibilities; 1) Parks will act as the project manager and issue contracts for construction services to outside 3 organizations 2) Parks has identified this project as a public good which would not be possible without the donation from the Foundation, to support this project Parks will provide project management services, labor and equipment as an in-kind contribution to the project B. Foundation responsibilities: 1) The Foundation and the designer contracted by the Foundation will provide clarification on any issues that arise with the design plan during the construction phase i I 1 4 i i 1 ¢ d i ii I i 3. Budgeting and Financial Management - I l A. Planning Phase: I I 1) The Foundation will directly pay for the landscape architect as outlined above for services 1 provided . I B, Construction Phase: 1) Parks will approve expenditures, pay invoices and manage the budget of the project 0 1 2) Parks will provide monthly budget reports to the Foundation for all costs associated with the 1. project 3) The current budget for the entire project is $1,380,000. If costs for the project exceed the 4 budget, the Foundation is not responsible for providing additional funds necessary to complete the OAdditionally, if the project cannot be completed for the budgeted amount, Parks will Ibject. • have the ability to complete the plan in phases contingent upon a funding source t A k F C. Fund Transfers: a , 1, k ; 1) Construction can begin once the plan has been provided to Parks and is estimated to be 1 completed in 26 months or less. II 2) The Foundation will provide grant funds to Parks intermittently throughout the construction hase1 of the project to facilitate the payment for materials and services byParks to contractors i p � p j p Y and vendors. The grant schedule is as follows: 4 i • a. First Installment r i. $250,000 H 1 • ii. Provided upon signing of this agreement . ' H ri iii. Estimated Timeframe: August 2020 . 0 Fl : b. Second Installment i_ i. $300,000 - L y ii. Provided upon contract award for construction z iii. Estimated Timeframe: September 2020 } • A c. Third. Installment • 1 3; 1. $250,000 i q ii. Provided when transferred funds have been depleted to $50,000 or when a • significant expense that will exceed transferred funds is known to occur 1 iii. Estimated Timeframe: Winter 2020 g o f d. Fourth Installment • IF I i. $250,000 h • ii. Provided when transferred funds have been depleted to $50,000 or when a ` 1 s significant expense that will exceed transferred funds is known to occur- 14 iii. Estimated Timeframe: Spring 2021 k 2 e. Final Installments r { i. Grants provided as expenses are'incurred II H4 ii. Provided on an ongoing basis once the project has reached substantial i IF . completion 1 iii, Estimated Timeframe: Fall 2021 0 F • 3) If the project is completed under budget, the remaining funds will be reserved by the 2 i 11 1 1 11 Foundation to offset the 10-year maintenance commitment of the main donor. Ashland Parks and Recreation Commission Ashland Parks Foundation By: 1444%;1-142--' By: .4. (Ke icj Title: /91 e alire Title: Date: /12//Le Date: 102/A.0. • • DONATION AGREEMENT FOR THE MAINTENANCE OF THE JAPANESE GARDEN WHEREAS, Ashland Parks and Recreation Commission (hereinafter, "APRC") will construct a Japanese Garden using,funds provided by the Ashland Parks Foundation; WHEREAS, Thomas Jeffrey Mangin (hereinafter, "DONOR") would like to donate funds for the maintenance of the Japanese Garden once construction is complete; • WHEREAS,APRC and the DONOR acknowledge that the maintenance costs for the Japanese Garden will increase from $20,000 to 'as much as $80,000 once construction 'is complete; NOW, THEREFORE, the DONOR agrees to the following donation schedule: • Each year a donation of up to $60,000 will be made by DONOR; • Donations will be made to the Ashland Parks 'Foundation on an annual basis for ten (10) consecutive years; • The Ashland Parks Foundation will distribute the funds.to APRC on an annual basis for Japanese Garden maintenance; • APRC will use the donated funds exclusively for the ongoing maintenance of the Japanese Garden, which could include material and personnel expenses; and, • Any funds generated through the operation of the Japanese Garden, whether they be donations or fees for services,will offset,and reduce DONOR's$60,000 annual gift accordingly. IN WITNESS WHEREOF, both DONOR and APRC have caused this instrument to be executed on its behalf by officials duly authorized therefore. ASHLAND PARKS AND RECREATION COMMISSION, as APRC Signature: -L/l Printed name: Mf t eLef A , PweetlG— Date: '910 11/14) THOMAS JEFFREY MANGIN, as DONOR ti • Signature: J. 1iii Printed name: I c.:1 �{7 d LLJA i� Date: 7 21 ('?(i I' CITY OF ASHLAND FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360) Japanese Garden Landscape Construction Project PROJECT#000745 SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE 1. Solid Ground Landscaping Inc. Landscape construction $583,250 2. Caveman Fence&Fabrication Project Site Fencing $20,000 3 4 5 — 6 7 8 9 J 10 • List above the Name,Dollar Value and Category of Work of each subcontractor that will be furnishing labor or labor and materials and that is required to be disclosed,the dollar value of the subcontract and the category of work that the subcontractor will be performing. Enter"NONE"if there are no subcontractors that need to be disclosed.(ATTACH ADDITIONAL SHEETS IF NEEDED). 1 RESOLUTION NO.2020-19 2 A RESOLUTION APPROVING CERTAIN FINDINGS AND EXEMPTING A PUBLIC 3 IMPROVEMENT CONTRACT FOR THE JAPANESE GARDEN PROJECT FROM THE 4 COMPETITIVE BIDDING REQUIREMENTS OF ORS 279C.335 5 RECITALS: 6 A. Pursuant to Ashland Municipal Code 2.50.040.F,the City Council of the City of Ashland 7 (City)acts as the local contract review board for the City,and in that capacity,has the authority 8 to exempt a public improvement contract or a class of public improvement contracts from the competitive bidding requirements of ORS 279C.335(1) after approving certain findings as set 9 forth in 279C.335(2). 10 B. Before a local contract review board may approve the findings required by ORS 279C.335(2) 11 and grant an exemption from the competitive bidding requirements of ORS 279C.335(1), a 12 public hearing must be held, and notification of the public hearing must be published in at least one(1)trade newspaper of general statewide circulation a minimum of 14 days before the 13 hearing. 14 C. A public hearing on the City's request for an exemption from the competitive bidding 15 requirements of ORS 279C.335(1)for the public improvement contract for the Japanese Garden 16 Project was held on October 20,2020. 17 D. Notification of the public hearing was published in the Daily Journal of Commerce a 18 minimum of 14 days before the public hearing as required by ORS 279C.335(5). 19 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ASHLAND,OREGON, 20 RESOLVES AS FOLLOWS: 21 SECTION 1. The City Council,acting as the local contract review board,hereby approves the 22 findings submitted by the City and set forth in"Exhibit A"which is attached hereto and fully incorporated herein. 23 24 SECTION 2. Based upon the approved findings set forth in"Exhibit A",the City Council, acting as the local contract review board,hereby exempts the public improvement contract for 25 the construction of the Japanese Garden Project from the competitive bidding requirement of 26 279C.335(1). 27 /// 28 /// 29 30 /// RESOLUTION NO.2020-19 Page 1 of 2 • 1 SECTION 3. This resolution is effective upon adoption, 2 3 ADOPTED by the City Council this7,0day of 0 o ,2020. 4 5 ATTEST: 6 8 Melissa Huhtala,City Recorder 9 10 SIGNED and APPROVED this2d day of 0 ,2020. 11 •. 12 13 , Stromberg,Mayor 14 15 16 Reviewed as to form: 17 18 - 0464- 19 a L.Brown,Assistant City Attorney 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO.2020-19 0 Page 2 of 2 EXHIBIT A FINDINGS OF FACTS SUPPORTING AN EXEMPTION FROM THE COMPETITIVE BIDDING REQUIREMENTS FOR THE ASHLAND PARKS AND RECREATION COMMISSION JAPANESE GARDEN RENOVATION PROJECT I. The following findings in support of an exemption from the competitive bidding requirements are submitted to the local contract review board for consideration: (a) The exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. This project meets the criterion. Exempting the Japanese Garden contract will not encourage favoritism,due to the specialized nature and cultural importance of an authentic Japanese Garden.Very few qualified designers/contractors exist that specialize in this area of expertise.In fact,the Ashland Parks Foundation engaged the two most prominent Japanese Garden Designers in the northwest(Toru Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer.Toni Tanaka won that design competition based on the conceptual plan that he produced for the APF.The Ashland Parks Foundation(APF),as the grantor of this project,hired the designer and is requiring that Japanese Garden,LLC be the contractor to ensure that cultural sensitivities and accuracies are carried forward from the design through construction. (b) Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benefits to the contracting agency or the state agency that seeks the exemption. In approving a finding under 279C.335(2)(b),the local contract review board shall consider the type,cost and amount of the contract and,to the extent applicable to the particular public improvement contract or class of public improvement contracts,the following: (A)How many persons are available to bid: Authentic Japanese Gardens,including their design and construction is a specialty, and as such,there are a limited number of qualified persons to bid on this type of project. As stated above,both of the qualified Japanese Garden designers in the northwest were engaged for this project,and Toni Tanaka was selected by the APF. (B) The construction budget and projected operating costs for the completed public improvement: The total for this public improvement contract is$1,380,000,which includes the current bid from the proposed contractor of$1,278,985.00. This project is being funded in total by the grant from APF,and APRC will only be contributing to the project through in-kind donations, including arborist work,excavation and Page 1 of 4: Exhibit A to Resolution No.2020-19 demolition work and limited general labor.Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the ' increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per year.APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park's expenses. It is anticipated that the cost of maintenance of the garden will increase almost four times,making the new expense for the garden between$70,000 and $80,000 per year.The donor agrees to enter into an agreement to pay up to$60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary,expenses are expected to increase immediately upon the opening of the new Japanese Garden.Those expenses could grow from$20,000 per year to approximately$75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation,coupled with the$20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. • (C)Public Benefits that may result from granting the exemption: The guiding principles of this project is to create an authentic Japanese Garden that is respectful of and accurate as to Japanese history and culture. Improvements include ADA accessibility, cultural authenticity,and improvements to the garden design and experience. (D) Whether value engineering techniques may decrease the costs of the public improvement: N/A (E) The costs and availability of specialized expertise that is necessary for the public improvement: As stated above,authentic Japanese gardens,including their design • and construction,are a very specialized form of garden. As such,there are a very limited number of qualified persons to bid on this type of project. (F) Any likely increases to public safety: Improving aging stone walkways will improve trip hazards. (G)Whether granting the exemption may reduce risk to the contracting agency,the state agency,or the public that are related to the public.improvement: N/A Page 2 of 4: Exhibit A to Resolution No.2020-19 (H)Whether granting the exemption will affect the sources of funding for the public improvement: The granting agency,APF, is directing that the City use Japanese Garden Specialty,LLC for the construction of this project. If this contractor is not able to be utilized,funding for the construction of this project will not be available. (I) Whether granting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement: N/A (J) Whether granting-the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement: N/A (K) Whether the public improvement involves new construction or renovates or remodels an existing structure: This project is a landscape renovation of the existing Japanese Garden in Lithia Park.This improvement project will expand the existing garden area by approximately 700 square feet while preserving historic elements. (L) Whether the public improvement will be occupied or unoccupied during construction: The Japanese Garden will be unoccupied and unavailable for public use during construction.A limited area of Lithia Park will be closed for use during construction. This area is limited to the current Japanese Garden and the immediately surrounding areas. , (M)Whether the public improvement will require a single phase of construction or multiple phases of construction work to address the specific project conditions: This project is a single-phase project to end by December 31,2022. (N) Whether the contracting agency or state agency has,or has retained under contract and will use contacting agency or state agency personnel,consultants and legal counsel that have the necessary expertise and substantial experience in alternative contracting methods to assist in the developing the alternate contacting method that the agency or state agency will use to award the public improvement contract and to help negotiate,administer and enforce the terms of the public improvement contract: The City of Ashland Legal Department staff has extensive contracting experience and is assisting in developing this alternative contact. Legal counsel,along with APRC staff,will help negotiate,administer,and enforce the terms of the resulting public improvement contact.The process for which approval is sought was also recommended by other jurisdictions when a project does not fit into the traditional competitive design/bid/build process for public improvements. Page 3 of 4: Exhibit A to ResolutiJon No.2020-19 H. Conclusion (a) Favoritism: Exemption the public improvement contract for the Japanese Garden from the competitive bidding requirements of ORS 279C.335(1)will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise.In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest (Toni Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer.Toni Tanaka won that design competition based on the conceptual plan that he produced for the APF. (b) Cost Savings: The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden,LLC,be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. This project is being grant funded by Ashland Parks Foundation. APRC will only be contributing to the project through in-kind donations,including arborist work,excavation and demolition work and limited general labor.Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden.APF is granting an annual' donation of$60,000 per year for ten(10)years from the Foundation,coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. An exemption from competitive bidding requirements is appropriate under the facts set forth above. Page 4 of 4: Exhibit A to Resolution No.2020-19 www.saif.com Work. Life. Oregon. Oregon Workers' Compensation • Certificate of Insurance Mail to: Certificate holder: JAPANESE GARDEN SPECIALTY LLC - STATE LANDSCAPE CONTRACTORS BOARD PO BOX 19403 2111 FRONT STREET NE, STE 2-101 PORTLAND, OR 97280-0403 SALEM,OR 97301, • The policy of insurance listed,below has been issued to the insured named below for the policy period indicated.The insurance afforded bythis policy is subject to all the terms;exclusionsand conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Japanese GardenSpecialty LLC Aim Insurance PO.Box 19403 Aim Insurance Portland,OR 97280-0403 •503.640.0600 kspeelman@aiminsurance biz Issued 08/28/2020 Limits of liability Policy 977289 Bodily Injury by Accident $500,00.0 each accident Period 09/01/2020 to 09/01/2021 Bodily Injury by Disease $500,000 each employee Body Injury by Disease :$500,000 policy limit Description of operations/locations/special items Important This certificate is issued as a matter of information only and confers no rights to the certificate holder:This certificate does notamend,extend oralter the coverage afforded by the policies above.This: certificate does not constitute a contractbetween-the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative CCS - `-- Kerry Barnett Président and CEO • 400 High Street SE Salem,OR 97312 P:800.285:8525 Policy_OLCA Certificate0flnsurance F:503,584.9812 ARD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDXYYY) 8/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this'certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT i NAME: KM Insurance Inc (PHONE ExD: (503)692-1520 FAX No): (503)692-1299 P.O. Box 888 • E-MAIL i ADDRESS: 18660 S.W. Boones Ferry Rd. INSURER(S)AFFORDING COVERAGE NAIC# Tualatin OR 97062 INSURER A:American Fire and Casualty Co. 24066 INSURED INSURER B:Ohio Security Insurance Co Japanese Gardens Specialty LLC INSURERC: PO Box 19403 INSURERD: INSURER E: - Portland OR 97280 INSURER F COVERAGES CERTIFICATE NUMBER:2020. 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 TYPE OF INSURANCE JNSD WVn POLICY NUMBER (MMIDD/YVYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE _ $, 1,000,000 DAMAB CLAIMS-MADE n OCCUR PREMISES (Ea occurrence) ED 1,000,000 PREMISES{Ea occurrence) $ X 54380853 1/19/2020 1/19/2021 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GGEEN'LAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 POLICY n JEn LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 • (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 54380853 2/10/2020 2/10/2021 BODILY INJURY(Per accident)_AUTOS AUTOS X $ X HIRED AUTOS x NON-OWNED - PROPERTY DAMAGE $ ' AUTOS (Per accident) PIP-Basic $ B X UMBRELLALIAB X OCCUR 54380853 08/20/2020 01/19/2021 EACH OCCURRENCE $ 2,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ � WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N i STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CITY OF ASHLAND, IT'S ELECTED OFFICIALS, OFFICERS & EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS, THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY PER THE ATTACHED FORMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 20 EAST MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE David Kilhefner/CMD ` A< l� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMERCIAL AUTO CA 88 10 01 10 F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION..NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG,DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE - 15 HIRED AUTO PHYSICAL DAMAGE(Including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II- LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. -e. Any organization you newly acquire or form, other than a partnership or joint venture,of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: f11 If there is similar insurance or a self-insured retention plan available to that organization; l � (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or,"property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person ororganization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement,or permit issued to you by governmental or public authority,to add such person, or organization,or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)- Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract,agreement or permit - 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs(2)and (4) are replaced by the following: (2) Up to $3,000\for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law,fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III -PHYSICAL DAMAGE.COVERAGE is amended as follows: G. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage areprovided under the Business Auto Coverage Form for any "auto" you own,then the Physical Damage coverages provided are extended to "autos": a. You hire, relit or borrow; or b. Your "employee,' hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business,- subject to the following limit and deductible: A. The most we will pay for "loss" inpny one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of$750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto"that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your"employee". For the purposes of this provision,SECTION V- DEFINITIONS is amended by adding.the following: "Total loss" means a "foss" in which the cost of repairs plus the salvage value exceeds the actual cash value. r 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2.Towing, is amended by the addition • of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered auto classified and rated as a private passenger type, "light truck or "medium truck" is dis- abled: a. For private passenger type vehicles,we will pay up to$50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For "medium trucks" ,we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW)of 10,001 -20,000 pounds. However,the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 • 9. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an. "auto" because of "accident" or "loss", to an "auto"_for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable`vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III- PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you.The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a ,deductible, up to $600 for "personal effects" stolen with the "auto." The insurance-provided under this provision is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusion 4.c.and 4.d.do not apply to: • a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated ) by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C.,. LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or - 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral,or lease written on the covered "auto" that incurred the loss. C. SECTION V- DEFINTIONS is changed by adding the following: As used in this endorsement provision,the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. r,. J 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form,the coverage afforded by this • policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,and we have the right to collect additional premium for arty such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. •In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How,when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less,the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS,definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish,mental injury,shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for,any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation.This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. - COMMERCIAL GENERAL LIABILITY CG 88 10 0413 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: ( COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT • 2 PROPERTY DAMAGE LIABILITY—ELEVATORS '2 EXTENDED DAMAGE TO PROPERTY RENTED TO'YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION - 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— ' FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance ' CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.: Page 1 of 8 l ` \ With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot;and 4. It is not being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance,whether primary, excess(other than insurance written to apply specifically in excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph(2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long;and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs(3), (4)and(6)of exclusion j.Damage To Property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision,elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—_Commercial General Liability Conditions,Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess,contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning,explosion,smoke,or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. - Paragraphs(1), (3)and (4)pf this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. . Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you;or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion,smoke or leakage from automatic protection systems;or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b.is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising. out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. -. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section li—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury',"property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contractor written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury"is committed, subsequent to the signing.of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, Page 3 of 8 b. Premises or facilities rented by you or used by you;or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization;or • d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage"included within the "completed operations hazard". (3) Insurance applies to premises you own,rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction,erection,or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings,sidewalk vaults,street banners, or decorations and similar exposures;or (b) The construction,erection, or removal of elevators;or (c) The ownership, maintenance,or use of any elevators covered by this insurance, However: - 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above,a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials,parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor • engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above,a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required.in Paragraph b.of Condition 2.Duties In the Event Of Occurrence, Offense,Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 4 of 8 2., With respect to the insurance provided-by this endorsement,the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. c. "Bodily injury", "property damage"or"personal and advertising Injury"arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, including: 1(1) The preparing,approving,or failing to prepare or approve,maps,shop drawings, opinions, reports,surveys,field orders, change orders or drawings and specifications;or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence".which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily Injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay • on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 8 b. The following is added to Paragraph b.Excess Insurance: When a written contract or written agreement, other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional Insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2:Duties In The Event Of Occurrence,Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence"or an offense that may result in a claim or"suit"under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all Insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we'cover under this Coverage Part. ' d. We have no duty to defend or Indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured. 2. The limits of Insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy,whichever are less.These limits are inclusive of andnot in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS!MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section ii -Who Is An Insured is replaced with the following::• (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture),to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph(1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or falling to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement,this provision(Paragraph (d))does not apply. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 6 of 8 • Paragraphs(a)and (b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you.Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you,includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or"personal and advertising injury" arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused In whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a; Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization;and c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences"is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE, CLAIM OR SUIT - Under Section IV—Commercial General Liability'Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an"occurrence", offense, claim or"suit"by an agent,servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits"shall have received such notice from the agent;servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. • 0.: BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury"means physical injury,sickness or disease sustained by a person.This includes mental anguish, mental Injury,shock,fright or death that results from such physical injury,sickness or disease. ©2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured.This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. _ Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV— Commercial General Liability Conditions, the-following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization;and 2.. The injury or damage occurs subsequent to the execution of the written contract or written agreement. • • ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Council Business Meeting ' October 20, 2020 z da ,1 Adoption of Resolution No. 2020-19 Exemption from Competitive Bidding Agendav;Items Requirements for contract'to Japanese Garden Specialty LLC. From x :' Michael A. Black, AICP APRC Director ontact � ' Michael.Black a(�.ashland.or.us SUMMARY Resolution No. 2020-19 is requesting approval of an Exemption of a Public Improvement Contract for the Japanese Garden Redesign Project. This project is being funded by a grant through the Ashland Parks Foundation. Due to the artistic and specialized nature of landscape design of a traditional Japanese Garden, staff is requesting'an exemption to the competitive bidding requirements to award this public improvement contract. POLICIES,PLANS & GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large donation to accommodate the building and long-term maintenance of the garden PREVIOUS COUNCIL ACTION The Japanese Garden`Landscape project was approved in the 2019-21 Biennial budget process as a CIP (Capital Improvement Project)for the Parks and Recreation Department. The Ashland Parks and Recreation Commissioners (APRC) approved the design of the Japanese Garden(January 2019)The design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on October 28,2019. At the September 23,2020 Special Business Meeting,the APRC approved the contact for the Japanese Garden construction be awarded to Japanese Garden Specialty,LLC. and that the contract should be presented to the City Council for • approval. BACKGROUND AND ADDITIONAL INFORMATION Ashland Parks Foundation(APF)received a donation\of$1,380,000 million dollars from local resident Jeff Mangin and the Marchal family in 2018 to redesign the Japanese Garden in Lithia Park. The Foundation, in return, is ' granting those funds and the design of the.garden,which has already been approved by the Parks Commissioners,to APRC to redesign and reconstruct the current Japanese Garden. APF hired landscape designer Tom Tanaka of Japanese Garden Specialty,LLC to design a new authentic Japanese Garden. Tanaka was trained in Japan and was the Director of Portland's Japanese Garden. Very few qualified designers/contractors exist that specialize in this area of expertise. In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest(Toni Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Tom Tanaka won that design competition.based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden Specialty,LLC. be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process.During design week in June 2018, it was determined that the garden could potentially be redesigned and even expanded without negatively affecting the adjoining park spaces.A few of the core garden needs identified in the project include creating a truly authentic Japanese Garden that is respectful of the history and culture of this unique garden form'and making the garden ADA accessible. Page 1 of 3 CITY OF ASHLAND Ashland Parks and Recreation staff and the Ashland Parks Foundations held two public information/workshops on August 1 and August 9, 2018,to engage the public about the Japanese Garden redesign. The Japanese Garden plans were originally approved in January of 2019. Soon after the approval,which included the removal of two 100-year old Douglas fir trees,the plans for the garden were put on hold by the donor and the Parks Foundation who were funding the project. The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28, 2019 with the following conditions; 1. All twelve of the Douglas fir trees in the"Boy Scout Grove" shall be retained, including the two within the boundary of the proposed Japanese Garden. a. Condition Satisfied. All the trees in the Douglas Fir Boy Scout Grove are being preserved. 2. A special tree protection plan shall be created to protect the entire Doug fir grove. a. Construction and any other work within the drip line of the Douglas fir Boy Scout Grove would only occur as recommended by certified arborists with the goal of maximizing protection for these trees above and below ground. b. The exception to the above being that the area within the drip line south of the existing east west sidewalk by the Douglas fir trees may require root disturbance to gain ADA access and other reasons. It is understood that work in this area would include supervision by certified arborists but reasonable measures to allow Garden construction and planting work would be allowed. c. Condition Satisfied. Two certified arborists and Kerry KenCaim, a local landscape architect, created a tree protection plan that satisfies this condition of approval. The tree protection plan can be found on page T2.0 in the construction plan set. 3. The"Bamboo Forest"area near the Douglas fir trees from the original plan shall be eliminated from the approved Japanese Garden plan. a. Condition Satisfied. The proposed"Bamboo Forest"has been eliminated from the plan. 4. A comprehensive tree protection plan will be implemented by the Ashland Parks Arborist for the area outside of the proposed garden for areas adjacent to, or with potential impact from the proposed construction project. a. Condition Satisfied. The same team that created the plan in item 2, above,has createdthe comprehensive tree protection plan. 5. The construction of the project is being funded completely by the APF and any contributions from Ashland Parks and Recreation will be through in-kind labor,project management and equipment usage. a. Condition Satisfied. The grant from the Ashland Parks Foundation will cover all Material and construction costs, except for specific in-kind contributions. See attached MOU between Ashland Parks Foundation and Ashland Parks and Recreation. 6. Staff shall work with APF and the donor to secure a contract for a ten-year period for a monetary maintenance contributionofup to $60,000 per year. a. Condition Satisfied. The donor has agreed to the ten-year contribution to be administered by the Ashland Parks Foundation. See attached Donation Agreement for the Maintenance of the Japanese • Garden APRC has presented the Japanese Garden design to the Tree Commission,Historic Commission, Community Development, and Public Works. Climate Energy and Action Plan(CEAP) considerations—This project is a landscape project and has minimal long- term environmental impacts. The design does not include the use natural gas or fossil fuels. This project is as water efficient as possible while maintain•the authenticity of a traditional Japanese Garden and will make upgrades to the aging irrigation system.Recycled materials will be used when possible including wood and boulders. Page2of3 CITY OF ��H LAN D FISCAL IMPACTS The total for this project is $1,380,000,which includes the current bid from the contractor of$1,278,985.00,plus $100,000,which is being added for the deck at the pond($75,000) and a small contingency. This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition work and limited general labor. The Foundation is granting APRC up to$1,380,000 of expenses related to the design and renovation. The grant of$1,380,000 is enough to cover the cost of the renovation. APRC staff will offer support to the construction with in-kind matches associated with some onsite construction and the use of some of APRC's equipment. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per year.APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park maintenance. It is anticipated that the cost of maintenance of the garden will increase almost four times,making the new expense for the garden between$70,000 and$80,000 per year. The Donor and the Ashland Parks Foundation agree to enter into an agreement to pay up to $1,380,000 for the construction of the Japanese Garden and up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary, expenses are expected to increase immediately upon the opening of the new Japanese Garden. Those expenses could grow from $20,000 per year to approximately $75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation, coupled with the$20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. STAFF RECOMMENDATION The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will always need regeneration after a time. The Japanese Garden is at a point when regeneration, or reconstruction, is necessary in order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds, and that we have secured what amounts to a$600,000 maintenance endowment over ten years, is why we are so excited about moving this project forward at this point. The garden needs work to maintain its aesthetic. It also requires an accomplished designer who is qualified in both the physical and cultural requirement to design and build an authentic Japanese Garden. We have been granted a gracious gift to not only maintain but expand the garden's aesthetic and we are excited to move this project forward. This project will also employ several local contractors and their employees for up to two years. Staff recommends the adoption of Resolution No. 2020-19 which grants.an Exemption from the competitive bidding process for the Japanese Garden Project. ACTIONS,OPTIONS & POTENTIAL MOTIONS 1) I move approval of Resolution No. 2020-19 that the City Council, acting as local contract review board, approve this exemption to a public improvement contract and awarding the contract to Japanese Garden Specialty LLC. REFERENCES &ATTACHMENTS Attachment 1: Resolution No.2020-19 with draft written finding of fact for the Exemption of the competitive bidding process for a public improvement project. Attachment 2: Public Improvement Contract Attachment 3: MOU Ashland.Parks Foundation for funding of Japanese Garden Project Attachment 4: MOU Ashland Parks Foundation for Japanese Garden Maintenance Page 3 of 3 CITY OF ASHLAND EXHIBIT A • FINDINGS OF FACTS SUPPORTING AN EXEMPTION FROM THE COMPETITIVE BIDDING REQUIREMENTS FOR THE ASHLAND PARKS AND RECREATION COMMISSION JAPANESE GARDEN RENOVATION PROJECT I. The following findings in support of an exemption from the competitive bidding requirements are submitted to the local contract review board for consideration: (a) The exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. This project meets the criterion. Exempting the Japanese Garden contract will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few,qualified designers/contractors exist that specialize in this area of expertise. In fact,the Ashland Parks-Foundation engaged the two most • prominent Japanese Garden-Designers in the northwest(Toru Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation(APF), as the grantor of this project,hired the designer and is requiring that Japanese Garden,LLC be the contractor to ensure that cultural sensitivities and accuracies are carried forward from the design through construction. (b) Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benefits to the contracting agency or the state agency that seeks the exemption. In approving a finding under 279C.335(2)(b),the local contract review board shall consider the type, cost and amount of the contract and,to the extent applicable to the particular public improvement contract or class of public improvement contracts,the following: (A)How many persons are available to bid: Authentic Japanese Gardens, including their design and construction is a specialty, and as such,there are a limited number of qualified persons to bid on this type of project.As stated above, both of the qualified Japanese Garden designers in the northwest were engaged for this project, and Toru Tanaka was selected by the APF. (B) The construction budget and projected operating costs for the completed public improvement: The total for this public improvement contract is $1,380,000,which includes the current bid from the proposed contractor of$1,278,985.00. This project is being funded in total by the grant from APF, and APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and Page 1 of 4: Exhibit A to Resolution No.2020-19 demolition work and limited general labor. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with the increased cost of maintenance for the enhanced garden. Currently,the cost of maintenance and materials for the garden is estimated at$20,000 per year.APRC has budgeted to cover those expenses and will continue to do so as part of Lithia Park's expenses. It is anticipated that the cost of maintenance of the garden will increase almost four times,making the new expense for the garden between$70,000 and $80,000 per year. The donor agrees to enter into an agreement to pay up to $60,000 per year for a period of ten years toward regular maintenance costs of the Japanese Garden. In summary, expenses are expected to increase immediately upon the opening of the new Japanese Garden. Those expenses could grow from$20,000 per year to approximately$75,000 per year. With an annual donation of$60,000 per year for ten years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. (C) Public Benefits that may result from granting the exemption: The guiding principles of this project is to create an authentic Japanese Garden that is respectful of and accurate as to Japanese history and culture. Improvements include ADA accessibility, cultural authenticity, and improvements to the garden design and experience. (D) Whether value engineering techniques may decrease the costs of the public improvement: N/A (E) The costs and availability of specialized expertise that is necessary for the public improvement: As stated above, authentic Japanese gardens, including their design and construction, are a very specialized form of garden. As such,there are a very limited number of qualified persons to bid on this type of project. (F) Any likely increases to public safety: Improving aging stone walkways will improve trip hazards. (G) Whether granting the exemption may reduce risk to the contracting agency,the state agency, or the public that are related to the public improvement: N/A Page 2 of 4: Exhibit A to Resolution No.2020-19 ' (H) Whether granting the exemption will affect the sources of funding for the public improvement: The granting agency,APF, is directing that the City use Japanese Garden Specialty,LLC for the construction of this project. If this contractor is not able to be utilized, funding for the construction of this project will not be available. (I) Whether granting the exemption will better enable the contracting agency to control • the impact that market conditions may have on the cost of and time necessary to complete the public improvement: N/A • (J) Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement: N/A (K) Whether the public improvement involves new construction or renovates or remodels an existing structure: This project is a landscape renovation of the existing Japanese Garden in Lithia Park. This improvement project will expand the existing garden area by approximately 700 square feet while preserving historic elements. (L) Whether the public improvement will be occupied or unoccupied during construction: The Japanese Garden will be unoccupied and unavailable for public use during construction.A limited area of Lithia Park will be closed for use during , construction. This area is limited to the current Japanese Garden and the immediately surrounding areas. • (M) Whether thepublicimprovement will require a single phase of construction or multiple phases of construction work to address the specific project conditions: This project is a single-phase project to end by December 31, 2022. (N) Whether the contracting agency or state agency has, or has retained under contract and will use contacting agency or state agency personnel, consultants and legal counsel that have the necessary expertise and substantial experience in alternative contracting methods to assist in the developing the alternate contacting method that the agency or state agency will use to award the public improvement contract and to help negotiate, administer and enforce the terms of the public improvement contract: The City of Ashland Legal Department staff has extensive contracting experience and is assisting in developing this alternative contact. Legal counsel, along with APRC staff,will help negotiate, administer, and enforce the terms of the resulting public improvement contact. The process for which approval is sought was also . • recommended by other jurisdictions when a project does not fit into the traditional competitive design/bid/build process for public improvements. Page 3 of 4: Exhibit A to Resolution No.2020-19 r II. Conclusion (a) Favoritism: Exemption the public improvement contract for the Japanese Garden from the competitive bidding requirements of ORS 279C.335(1)will not encourage favoritism, due to the specialized nature and cultural importance of an authentic Japanese Garden. Very few qualified designers/contractors,exist that specialize in this area of expertise. In fact,the APF engaged the two prominent Japanese Garden Designers in the northwest (Toni Tanaka and Hoichi Korisu)to participate in a design competition prior to selecting a designer. Toru Tanaka won that design competition based on the conceptual plan that he produced for the APF. (b) Cost Savings: The Ashland Parks Foundation as the grantor of this project hired the designer and is requiring that Japanese Garden,LLC,be the contractor to ensure that cultural sensitivities and accuracies are carried from the design to the construction. This project is being grant funded by Ashland Parks Foundation.APRC will only be contributing to the project through in-kind donations, including arborist work, excavation and demolition Work and limited general labor. Budget overages in the project that cannot be covered by the grant from APF may require modification to the plan and/or phasing of the project. In addition to the cost of the construction,APRC will also be concerned with-the increased cost of maintenance for the enhanced garden.APF is granting an annual donation of$60,000 per year for ten(10)years from the Foundation, coupled with the $20,000 per year from the APRC budget. Staff is comfortable that the increase in maintenance will not cause an undue hardship on the budget. An exemption from competitive bidding requirements is appropriate under the facts set forth above. • Page 4 of 4: Exhibit A to Resolution No.2020-19 ' • It .. ,... F. .. .......•:.,q..:::.:.:.,ai, ,-- ...-- f 4 %... ;:*...."=;i . •l'.. 4, 1-.. 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FACE TO CELNERNO ELCAVATON EMINENT ONGOW@ICNG ANT 0.57TICTICLIACnATES ON 11.EROSION CONTROL COMES SUCH AS SLT FENCING.DEBRIS WERE.MID WATER DIVERS164 • 1 3 0 0+ v.0 , C THE SEE.TIE GENERALOONTRACTOR WEL CONTACT THE LANDSCAPE ARCHITECT FOR A STRUCTURES SHALL BE PETALLED ON THE URELSBC OF THE TREE MOTECTOMZONE TO PREVENT ) m I 1 t p M1' 1 WELOKSENETION MEETING WI 1 TIE LANDSCAPE ARCHITECT MO EMANATION SUPERVISOR SEMEN ANI OR EROSION WITHIN THE TREE PROTECU MZON2 S % } PRIOR TO CONI NONGNIYWORK ON THESDE 7TE LMm9CAPE ARCHITECT SHALL BE NOTIFIED / ®. / , 1, , ` .R BYTE CONTRACTOR.10.9.N ADVANCE FOR ALL SITE VISITS REOIESTEO.CONTRACTOR^SHALL 12 BSI0022 GRADING,PAD PREPARATION.OR EXCAVATION FORTE FOIRO211055,FOOTINGS.WALLS .: ? I r M" '� 1�' l7 a0. OBTAIN WRRIEN APPROVAL FROM THE OVAERSRFPRESENTATVETATCONSTRIICTION/401 BEGIN OR TRENCHING,ANY TREES WITHIN TIE SPECIFIC CONSTRUCTION SONE SHALL RE ROOT PRUNEDI J R 1 / k, 1 ':. } } ` 1-:,, (. y '.: PROJETLOFTHEETED. EDFENCNOENPUCE FENCING 51441 REFI.VNNRACE UNRTHE FOOT OUTSIDE THE TREEPROTECTION ZONE BY CUTTING ALL ROOTS CLEANLY AT A 90 DEGREEi,,,,:,� K `f ^ FROIECTECaZ COMPLETED. ANGLE TO A DEM OF N RICES ROOTS MEL BE CUT ET NAMELY DIGGING A TRENCH AND ® ( / 3 \ \ 0' CJI1ULG EWOsEO ROOTS WITH OSAW.V®RATING KNIFE ROCK SAW.HMRCNTRENOEA WTIH , 1 i \ 2 FENLESYUSTBE ERECl1370PROTECTTREESrofE PRE5E0.ARO220HW.MNOAGRALL FENCING SHAM BUSES.OR OTTER APPROVED ROOT.PRUWA EGUIMENT. '� i !1 f j ' ' i . "'t...1! 0 , SCULL BE S TEL TEMPORARY OWN LAX FNLR.UINSTALLED MTNYETIL CONNECTIONS TONI 4 ��".".xx i PANELS AREA INTEGRATED.THESE FENCES SHALL BE INSTALLED SO THAT IT DOES NOT ALLOW E.ANY ROOTS WOOED CITING GRADNOORC NSTRIXTIONSHALOE ENO'OSED TO SOUND TISSUE 1 0 11 1 1, 1. 0 1•, •\ P033A:F OF PEDESTRIANS MIDI ORVOOOES THROUGH IT.FENCES OEFNE A SPECIFICPROTECEON MOMOEAISY AT AO DEGREE ANMETOTEROOT MN A SAW.PLACE DAMP 500..MQED ALL '•'• i1 , - '1 ZONE FOIEACI TREE OR GROUP OFTRPFA FENCHS ARE TO RENEE LNTL ALL SEE*0009422 CLT ROOTS TO A OEPMEOUEOO THE EIGRNG 10(511 GRADE MIEN 4 HOURS OF CUTS BEND 11 m 1 1 I ; 'i t m , C THE.14135CAPE ARCHITECT. NOT BE RELOCATED ORREYOVEDWn1OUT THE REM:TECN OF YAOE Nt^�,w F•APu��� 1 / ', ••. + N.ETENPORARYIWUL OR ACCESS ROME EAT PASS°VERDE ROOT AREA OF'ESS TOSE 0.. 'm I/ L. \ \ ) `0- 1 CONETWUCTKNTRACERS,TRAFFIC MOSTORAGE AREE WET REMAIN OUTSIDE FENCED TREE REMIXED.AROAD BED OF NOES OF UULQI OR GUMS.MEL BE CE.YEDTO PROTECT THE GySTPHgA, ( ® ' 1 L \/A '3, / PRCRECIpNSONES ATEIRE5. BOO-THE ROAD HET wTERALSINAL SERERII451®ASI NECESSARY TO MAINTAIN A B NCIH DEPM *Y'STATEOP�'O yR ! 3 Y L ALL PROPOSED UNDERGROUNOUIMES AND OREN ORIRWOATON LIES SHALL BE ROOTED 11 SPOIL FROM TRENCHES.BASB@RS.OR OTHER EXCAVA1M WALL NOTRE RACED WITHIN TRE OR0311 1/'� - ,•\ ~' n0 OTBDETHE TREE PROTECT/ON ZOIE.IF LINESMIST IRANSVER0ETHE PROTECTIONAREATIEYSHALL OE IR33PROIELTONZOIE.RELISH TEYPoRMLY00.PERYAIRALY. C" �'It01 (U- 11 i Lw-� , : +i ' ` +\• ,,\•. F1' ¢ m NYFCAT6TVNDIFANY PROEEDREDPUNS COFECTWITH THIS REQUIREMENT. SCA�ARCICECT I1 NO BU RN PILES OROENLSPLESEMU SEFU®WITINTNETREE PROTECTION=NE NOASHES. 'L 1 5 UNDER THE TREE ROOTS.NOTIFY 1 HE .. 'i � ) 1 DEBRIS.OR GARBAGE WY BE PIOPED OR BUR®WM.THE TREE PROTECTIONSONE Of , �\ 'i \ 1 .I 5. NO WDTJ4114 MOMENT.po Po10NWA41E0NWASNREA). RNAY BE0FFO5RID.SlORE0.00. t;+ : Gds ' �` �?_ i ' •`\ �• • ® P 1•RMN THE TEE RR.ECTIONZOE(Fan,.AREA} IT.YANTFN FIRE-SAFE ARE 9 AROUND FENCED AREA AI-50.NO NW SOLACES,RANES,IGNITION 'SPEAR ` t'` WORMS,OR QUOIN E ALLOWED NEAR MICR OR TREES. 1 - - 3'1 It} I '•\ ) 1 NOTIFYTE LNOSEVE AROOECT tF TREE PROMNG R REWIRED CO6TRUCENN CLEARANCE. 11 DO WIT RAEETESOIL MVO-MIESTHE OW ROES TO ACHIEVE POFME DRAINAGE.EXCEPT TO Dmn By �. \ -T i .• / T. ANYIO✓BX000 RACED UNDER PAVNO MATERIALS NIST BE WE FOR USE PROMO TREES MID MT.GRADES WITH I000TH FNO CORM,MID NTHOSEARE..FFATITIIIIIE A00ED TOPSOIL „ { t - '' tABF1ID Po0.TUTIEE BACK roFXTRRKiGMOEATAPPRONIIATELYS1 SlOF£ DDTMLS • \ Ri h Q 1 IF MOW SHOULD OCCUR TO NW1EE DURING CONSTRUCTION N016YTMEWOSOVPE 14 REYOVETHE ROOTWACFOR EODI'TEE TATER69GTEDONTHE P 17100 BEING REY0VE0.- 1 I // \,‘,;‘, e ,;--• °: AROmEROGEDIAT6Y.ALL=ME CAUSED BYCOW^1RUCTIONro EDSTNGTEE95NALBE SCALE p - - `, CONAEISATEO FOR ENTRE OFFENDING PARTY,BEFORE THE PROJECT WILL BE CONSIDERED 24 EEEPRONS TOTEM.PROTECTION EMCEE/710HE WY OW BE GRANTED N EXTRAORDINARY N? g '0Millialir R , ` it PIP1 CONFUTE ANCES WITH WARREN AWRMAL FROY ME LVOSCAPE ARCOTECT PRIOR TO ANY WORK {' 2 N : i 0 �j F / 1G WATENNO SCHEDULE,WAT:RNO PROTECTED'REES SHALL FOLLOW 11E5E STANDARDS,HOWEVER \' ,L 3 r_t _- l . ti. •\ . / PERIODS OF EXTREME HEAT.WPb,RWNFALOR DROUGHT WYREOVOEYORE MLESS WATER 31.ASAPROECTNE MEASURE TO Cd3355235 F00.CONSTRUCTOV NPAEI3.TWO TOSOM'E004 / [ s 1 TEN RECOARIf]OEONTESE NOTE4 PION TO CONSTRUCION.EIRE-TENET TREE44pWT ON THURAN SHALL RECEIVE AN }} '"�. ) '- �/\-- �w`:% 1 •\i A YOST SPECS:I TIE FER MONM DUNG MEATION SEASON(USUALLY WROITWOUGN APPLICATION OFYYCOAPR.Y ALL PURPOSE SOLUBLE PERERUL90 TRFAGu TMIT02I ITY4 • [t Crura I \ •\ ` ,` 31 SEPTEYSER) YVCLMRHIDE PRODUCT IS A SPECNLr FORWRATD NATURAL ROOTBIOSRORANTWHEN I3 1 •{✓ •� �/ /Y -(,.,. ES" -_-� B. GUEROISONC DEEP WATERN MAY MO SEPELOEN DO NOT WATER ONNG OTHER ENHANCES THE ALSORPINE SURFACE AREA OF THE TREES ROOT SYSTEM TOS PROMOTES AO ,p \T }. /i *, ..,xA YONTII FOR OAS MREADYN TE VICINITY OF WtOATEO CODMONS.AUTOMATIC IMPROVES NUTRIENT MO WATER UPTAKE CMAB611ES OF TME ROAM°ROOT STRIETINE Cil, S3`W 70 •eq1. I . 1;;F, ``. SFImO¢FFS OR REGULAR WATERING STALL NOT BE ALLOWED TO SPRAY ON OR WREN S FEET 061PIEUTE WCOAP0.Y EVENLY WITHINTIE ACTIVE ROOTZONEOF MANED TREES AP0.Y. i C li; •:�-..�,( �jy ♦ OF THE TRINE THE WATER SHALL NOT BE ALLOWED TO POO.OMAN TOWARDS THE TRUNK GAS.OF SOLUTION PERTH=B•DEN Mm GREATER.A WNW=aPBELOABOL SURFACE IN t y$ \�' ( N 1 G WATFROOYBTIOD.NAND WATERING SYSTEMS,RECOMMENDED FOR TREES TROT ARE PMT OF OUAFME5 OF In GALLON AT EACH POOR OF APR1GTlet LOCATE THE ACTIVE ROOT ZONES WITH ,�+ � - `, l ADEVELOPMENT PROJECT THAT MUST BE WATERED TO INSURE TREE SURVIVAL DORM THE LANDSCAPE ARCHITECT PNESEW. \.I i'D.'K q'y\T ` 11 1 ,x - CORSE OF CCESIRUCTION UNTIL ANTOWEIC NWGATON LSI INSTALLED. 111•COAP0.r 15 AVALAffiE FROM YYCOWBO.LLAPPUGnON HNC,PHONE(541)47B41965. I. x' > =x°45 ._. .` � =.-�-. ,.-- 1 ice /•1 ©: `t ti. L i..o .7✓, +'iv' 1 .1 F -- .a L`^ LLI I F/1`, a 1 / �I‘t„._ t ,,��q 6.----,,,,,,,,-,.„..... ...-t---„,,,.�. "iv Iii6ID, EIS A� - 0 • • iJ ',.::_L.. � \ \t i '1 \ . % WWI,OF TREES TO TREES TO 6 '"EE (/w� C 11 y • O.% •\ \ , .` / y R. TO TREESfTO REMOVED \ 1�/J IIIEE _I e L F 11ETEEPROTECRWZONE FOR EACH WEED ON DEGImDESE \ Z d \ '.,.[a 4 ,✓/ 1 , 11,I hiarm.N.AOutl.Ma.....ellmk anctralCrefv.m.yRAuov,..FD:+.7a P.. Q.¢_C 5 :.2, rF �\ \ s 1, v ',I I. _ z is \,:t :.....< t i ) '3 I 1 i. Q 1--.L / 1 > i i ®,, ,I., �1t 1 vvv s „ 1..„.,„ ,,,, Is; t,'\ Rens)oN I ATE • / # i 1 f ` 3 I 0 • . • 1 t t `-.. A -' , j \ . ® . ' ',1'I I 1` i T'l , tt ? 1 i _ i TREE 1, \ 1' - i n i \ \ �x' a PROTECTION \ I ,a_ , , 1 M1 s .1 • • ® PLAN *---_41t 1 -, --�\ //1 /I: 3 . 1 //- ISSUE DATE: / 1 / ``Z--- 912320 1 j' 3 / 1 . . I I 1I 1 1 I I i-%, I T 2.0