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HomeMy WebLinkAbout2013-344 Contract - KOGAP Enterprises Oct. 10. 2013 2:05PM Ashland City.Attoroey No•0285 P. 2 Contract for GOODS AND SERVICES ~~7~ c I T y OF CONTRACTOR: KOGAP Enterprises, Inc. ASHLAND CONTACT: Frank McElheran 20 East Main street Ashland, Oregon 97520 gpDRESS: PO Box 1608, Medford, OR 97501 Telephone: 541 /488-6002 Fax: 641/488-5311 TELEPHONE: 541-776-6527 DATEbut NT PREPARED: 9/25113 FAX: 541-776-6539 BEDATE: 9/30/13 COMPLETION DATE: 12/30/2013 COION: Lump sum of $26,100.00 plus Time and materials per unit costs shown on the attached exhno instance to exceed $70,172.5 0 (NTE). GOODS AND SERVICES TO BE PROVIDED: Per attached Exhibit C-Scope of Services ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1, All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, uNess otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned. in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date; Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goads and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the prope City. 6. Statutory Requirements: ORS 2798220, 2798.225, 2798230, 270B.235, ORS Chapter244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements! If contractor is providing services under this contract and the amoudt of this contract is $19,825 or more, Contractor is required to 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 is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (Including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract maybe terminated at anytime by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or In part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for Goods and Services Less than $25,000, Revised 06113/2013, page 1 of5 Oct, 10. 2013 2:06PM . Ashland City Attorney No.0265 P. 3 1. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the. purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or ill. If any license or certificate required by law or regulation to be held by Contractor.to provide the services required by this contract Is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duly under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. ill. The rights and remedies of City provided in this subsection (d) are not exclusive-and are in addition to any other rights and remedies provided by law or under this contract. e. Obil(lation/Liability of Parties. Termination or modification of this contract pursuant to-subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either. party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority,.women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portlon.of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be imdefault of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; If It loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief In bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Llabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 4j_,!000,009$2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C, Automobile L ' t insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,000 or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owns , hired or non-owned vehicles, as applicable. d. Notice of cancellation or chance- There shall be no cancellation material than a reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 Oct. 10. 2013 2:07PM Ashland City Attorney No.0285 P. 4 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificateg of Insurance, Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractors services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractors Insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, eta shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance, 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought In a federal forum, then It shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts, In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED 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. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonapproprlatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the vests of this contract within the City's fiscal year budget. 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 on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, pity 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. . 20. Prior Approval Required Provision, Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this, contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by r Terence. Co ct ~ Cl Qf Ashland y . . By< Signnatur D partment Head r~irr MCZI Odt.rr~ tu.,~„ffR Jj Print Name Print Name 0/15 /LTlUn >i4•pr tolc5(r3 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP , VED AS TO FORM shlan sat. ty~AtOM Dal Contract for Goods and Services Less than $25,000, Revised 013/2013, Page 3 of 6 aco CERTIFICATE OF LIABILITY INSURANCE 1/10/2013 °0AT' 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 NAM pan Breazeale Beecher Carlson Insurance Agency LLC PNONE (541)494-2655 PAX .(541)494-2755 3256 Hillcrest Park Drive ( .pam.breazeale@beechercarlson.com INSURER(S) AFFORDING COVERAGE NAK:S Medford OR 97504 INSURER A American States Insurance Co 9704 INSURED INSURER B A10eriCan EconoraInsurance Co 19690 Eogap Enterprises Inc INSURER C: PO BOX 1608 INSURER D: NSURER E Medford OR 97501 NSURER F COVERAGES CERTIFICATE NUMBER:13-14 GL BA OM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUCYEFF POUCYEXP POLICY NUMBER IMMIDEXIlym IMMOMY)m LIMITS GENERAL LUUIILITY _ EACH OCCURRENCE S 1,000,000 17- n S 1,000,000 X COWIERCIALGENERA-UABIUTY PREMISES eecome A CLAMS-MADE OCCUR X ICI6833721 /1/2013 /1/2014 MED EXP(My ore p.) S 10,000 PERSONAL S ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEM AGGREGATE UMIT APPLIES PER PRODUCTS -COMPIOP AGO S 2,000,000 POUCY X PRO- R LOC S AUTOMOBILE LIABILITY COMBINED t SINGLE OMIT 1,000,00 0 fEa B X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 2CE2290381 /1/2013 /1/2014 BODILY INJURY (Per moodent) S AUTOS AUTOS NON-0WNED PROPERTY DAMAGE S HIRED AUTOS AUTOS (Per acOOKA) NP-Basic S 15,000 X UMBRELLA LIAR R OCCUR EACH OCCURRENCE S 10,000,000 A EXCESS LUIS CWMB-MADE AGGREGATE $ 10,000,000 DED R NTION 10,00 1SU42715211 /1/2013 /1/2014 $ WORKERS COMPENSATION WCSTATU- OTW S FR AND EMPLOYERS'LUIBILITY YIN ANY PROPMUORIPARTNERIFXECUINE E.L EACH ACGDEM $ OFFICERRAEMBER EXCLUDED? NIA Mandatory M NN) E.L. DISEASE - EA EMPLOYE S ttyes dematte wrier DESCRIPTION OF OPERATIONS helcx EL DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, AddlUond Remarks a ule, K more epece N regVired) RE: Sediment Removal at East and West Forks of Ashland Creek General Liability Policy includes Blanket Additional Insured coverage as required by written contract per form OCG7635 (02/07) This form is subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION morrisr@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland, its agents, officers ACCORDANCE WITH THE POLICY PROVISIONS. S Employees 20 E Main St AUTHORDED REPRESENTATIVE Ashland, OR 97520 Past Breazeale/PAMBRE ACORD 26 (2010105) ®1988-2010 ACORD CORPORATION. All rights reserved. INS025 rpntmst nt The acnon .errs. end Imner ere rontakerM merYa of Amon Ac CERTIFICATE OF LIABILITY INSURANCE °"TE`"M°°"""" 10/10/2013 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 endorsements . PRODUCER NALUNIA ME: KPD Insurance, Inc. PHONE FAX PO BOX 764 - - Arc N.i:541-741-1674 IDRE Springfield OR 97477 ADDRESS: INSURER(S) AFFORDING COVERAGE NAICP INSURER A INSURED KOGA01 W INSURER B: KOGAP Enterprises Inc. INSURER C: PO Box 1608 INSURERD: . Medford OR 97501 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 278389246 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. ILA TYPE OF INSURANCE S INVO POLICY NUMBER MMND EFF MP~CY`ff LIMIT GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES S CLMMS.AIADE F1 OCCUR MED EXP M are $ PERSONAL S ADV INJURY S GENERAL AGGREGATE S GENt AGGREGATE LIMIT APPLIES PEP, PRODUCTS AGG S POLICY P,0. LOC $ JECT AUTOMOBILE LIABILITY Ea acdtlent ANY AUTO BODILY IWURY(PM pdaon) S ALL ONTIED SCHEDULED - BODILY INJURY (Per aoldeM) S AUTOS AUTOS NON-001MED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per d M S UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION 54670 10112013 0112014 X WCsTuAma OTK AND EMPLOYERS'LUUJILITY YIN ANY PROPRIETOMPARTNEWEXECUiIVE❑ NIA E.L. EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYE 5500,000 Nyas deaWbe Undn DESCRIPTION OF OPERATKXV3 Cebx E.L. DISEASE - PIX.IDY LIMIT 5500,000 DESCR"ON OF OPERATIONS I LOCATIONS I VEHICLES (Aa h ACORD 1OI, MdMonel Rm ft S uN, U mom.p Wrequha0 RE: Sediment Removal at East and West Forks of Ashland Creek. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE (D 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD DEPARTMENT OF PUBLIC WORKS REQUEST FOR QUOTATIONS SEDIMENT REMOVAL AT EAST AND WEST FORKS OF ASHLAND CREEK PROJECT NO.: 2010-12 TYPE OF PROPOSAL: EXCAVATION AND HAULING SERVICES PROPOSAL DUE DATE: September 6, 2013 - 2:00 PM 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 TABLE OF CONTENTS P AGE Request for Proposals 3 Bid Proposal Form 4 Requirement for Bidding & Instruction for Bidders 5 Special Provisions 7 Sample Contract 8 Figure C - Site Plan 15 Figure D - West Fork Sediment Removal & Fish Salvage 16 Figure E - East Fork Sediment Removal & Fish Salvage 17 Figure F - Disposal Area 18 Figure G - Disposal Route 19 Plan and Profile of Forks 20 Cross Sections of Forks 21 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SEDIMENT REMOVAL AT EAST AND WEST FORKS OF ASHLAND CREEK Quotations for Sediment Removal at East and west Forks of Ashland Creek will be received in the Siskiyou Room of the Community Development and Engineering Services Building located at 51 Winbum Way until 2:00 PM on the 6th day of September, 2013, at which time quotations will be opened and read. A contract for the work will be awarded or proposals may be rejected separately or entirely, within 30 working days after opening. The work shall consist of supplying all labor, equipment and materials necessary to perform the following work: Excavation and hauling of approximately 5,000 cubic yards of sediment accumulated at the diversion dams on the East and West Forks of Ashland Creek above Reeder Reservoir. The work also includes dewatering and development of equipment access to the impoundments. Locations of work include the impoundments on the East and West Forks of Ashland Creek just upstream of Reeder Reservoir, approximately three miles south of Ashland, OR, as well as the quarry site which is located on Granite Street above Lithia Park in Ashland. Work is scheduled to begin SS tember 16, 2013 and be completed in 30 days or less, although the schedule is contingent upon permit approval by the Oregon Department of State Lands and the U.S. Army Corps of Engineers. Dates may be subject to change, or the project may be subject to cancellation, depending upon regulatory requirements. Work will be performed under the direction of Scott English of Northwest Biological Consulting. Mr. English will be performing fish salvage and related biological work, and will oversee dewatering efforts and address environmental aspects of the project. Request for Quotation documents may be examined and obtained at the City Engineering Office, 51 Winbum Way, Ashland, Oregon. All quotes must be submitted on the original forms fumished with the specifications. As required by law, all bidders are required to be licensed by the State Landscape Contractors Board. For further information regarding the project expectations, contact Rob Morris at (541) 552-2419. City of Ashland reserves the right to reject for good cause any and all bids, waive formalities or to accept any bid which appears to serve the best interest of the City. Rob Moms, EIT Engineering Technician Date: REQUIREMENT FOR BIDDING INSTRUCTION TO BIDDERS Date and Place for Opening Prosals Pursuant to the "Advertisement for Bids", sealed proposals for performing the work will be received by the City Engineer, or his representative, at the place and time set forth in the notice; the proposals will be publicly opened, read and awarding of the contract, if awarded, will be made by Department of Public Works. Form of Proposal All proposals must be made upon the blank form of proposal attached, shall give the price for each item and aggregate amount for the work both, and must be signed and acknowledged by the Bidder in accordance with the directions in the form of the proposal. In order to ensure consideration, the proposal shall be enclosed in a sealed envelope addressed to the City Engineering Services Manager and marked "Proposal for Sediment Removal" Project 2010-12. The legal status of the bidder must be stated in the proposal. A corporation bidder must name the state in which its articles of incorporation are held. A partnership must give full names and addresses of all partners. If a corporation submits a proposal, the proposal must be signed in the name of, and under the seal of, the corporation by a duly authorized officer or agent of the corporation and his address given. Such officer or agent must present any legal evidence that the officer or agent has a lawful authority to sign the proposal. In the event that any corporation organized and doing business under the laws of a foreign state is the successful bidder, such corporation shall present evidence that it is authorized to do business in the State of Oregon before the contract is executed. After bidders have submitted proposals, they shall not withdraw or cancel such proposal and all sums deposited with such proposal may be held by the City until all of such proposals submitted have been canvassed, a contract awarded and executed, and the required bonds and insurance furnished and approved. Acceptance or Refection of Proposals The City of Ashland reserves the right to reject any or all proposals or to accept the proposals deemed in the best interest of the City. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal having erasures or corrections in the price sheet may be rejected; any proposal which omits a bid on any one or more items in the price sheet may be rejected; any proposal in which unit prices are obviously unbalanced may be rejected. Time for Beginning and Completing Work The Contractor shall commence the work within ten (10) calendar days after the date specified in the Notice to Proceed that is given to the Contractor by the Engineer to commence work, and the Contractor shall complete the work in all respects within 30 days. Additional requirements are specified in the Special Provisions. Estimate of Quantities The schedule of quantities, although stated with as much accuracy as is possible in advance, is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the contract. Attention of the bidder is called to the Bid Schedule indicating the estimated quantities. Examinations of Plans, Specifications and Site of Work It is understood that the bidder, before submitting a bid, has made a careful examination of the plans, specifications, and contract; the bidder has fully informed himself as to the quality and quantity of materials and the character of the work required; and the bidder has made a careful examination of the location, and condition of the work, and the sources of supply for materials. The City will in no case be responsible for any loss of, or for any unanticipated costs that may be suffered by the Contractor as a result of the Contractor's failure to acquire full information in advance with regard to all conditions pertaining to the work. Interpretation of Contract Documents If a bidder finds discrepancies in, or omissions from, the drawings or documents, or if the bidder is in doubt as to their meaning, the bidder shall notify the City Project Manager who will send written instructions to all bidders. Any requests for interpretations of the drawings or specifications, or request for approval of material, when certain manufacturer's material or its approved equal is called for, shall be presented to the City Project Manager, in wrifing, at least five (5) days previous to the date on which bids are to be opened. Such requests will be answered in the form of bulletins or addenda which, if issued, will be sent to all bidders. Any bulletins or addenda so issued are to be covered in the proposal and in closing the contract, they will become a part of the agreement. Basis of Award The award of the contract will be to a responsible bidder submitting the lowest bid and best bid determined by the sum of unit price work based on estimated quantities given in each schedule. The City of Ashland further reserves the right to reject for cause any or all bids, waive informalities or to accept any bid which appears to the best serve the interest of the city. Acceptance of Proposal The acceptance of the proposal will be a notice in writing signed by a duly authorized representative of the City of Ashland. The acceptance of the proposal shall bind the successful bidder to execute the contract and to be responsible for liquidated damages as provided, or execution of contract and damages for failure to execute. The rights and obligation provided for in the contract shall become effective upon the parties only with its formal execution by the City of Ashland. Safely, and Protection Contractor will ensure that safe equipment and working practices will be used throughout the project. Special care will be exercised to protect the public. Contractor shall protect all landscaping and buildings in the work area from damage and restore work area to its original condition within reason. Safety standards should be in accordance with OSHA. Business License Required The successful bidder shall, prior to starting work, obtain a City of Ashland Business License. Subcontractors on the project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. Contractor's Insurance and Indemnity Contractor shall, at its own expense, at all times during the term of this agreement maintain in force: Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 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. The City of Ashland, its officers, employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverage afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. Primary Coverage Insurance carried by Contractor under this Contract shall be the primary coverage, and the City's insurance is excess and solely for damages or losses for which the City is responsible. Indemnification Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. Hours of Labor The Contractor shall notify the City of Ashland and obtain their approval at least 48 hours prior to undertaking any work outside of normal working hours. Normal working hours for City staff are 7:30 AM to 4:30 PM, Monday through Friday, excluding holidays. CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SEDIMENT REMOVAL AT EAST AND WEST FORKS OF ASHLAND CREEK BID PROPOSAL FORM The undersigned bidder declares that plans and specifications have been examined, the site has been visited and such investigation has been made as is necessary to determine the character of the materials and the conditions to be encountered in the work, and that if this bid proposal is accepted, the bidder will contract with the City of Ashland for the work involved and will provide the necessary equipment, materials, tools, and labor, in accordance with the plans and specifications under the following conditions: It is understood that all work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner, the City of Ashland, or any other person, firm or corporation responsible for any errors or emissions that may appear in any estimate. The undersigned agrees that the "Time of Completion" shall be within 30 days or less from when a "Notice to Proceed" has been issued by the owner. The undersigned, as bidder, acknowledges that addenda numbered through have been delivered and have been examined as part of the contract documents. - - - - ---PROPOSAL FORM nem no. Description I Quantity Unit ~~Unit Price_ Amount _ I Mobilization & i - - 1 Demobilization LS Clearing and i gubbing j access, I ppo - a UUU staging areas . and disposal I 2 j site _ i LS - 1 L_ j - I Dewaterin pumps, piping, ceolube®(or 13. ooo - l3, 000 approved I 3 equal)_ LS !Installation of ! erosion control / BOO' app 4 _measures _ LS 1 I_ Construct access to j i Eas and - t rk f j a.00o a oo0 jWest Fo 5 sites LS I 1 _ Excavation of ap L{o 6 -_1 sediment CY 5,185 Hauling of ! j o I So' sediment to I ~I a3, 33a . 7 - disposal site CY_ j 5,185 ( _ _I Final stabilization of 11 excavation and disposal sites, , jj a00o ~ooo " hydroseed cleared and 8 grubbed areas I LS - - I - TOTAL BID I / 7a moo; PRICE SPECIAL PROVISIONS Scope of Work The work shall consist of supplying all labor, equipment and materials necessary to perform the following work: Clearing and grubbing of access, equipment staging areas and disposal site. Development of equipment access to impoundments on East and West Forks of Ashland Creek. Preliminary grading of disposal site, extension of existing sediment pond and development of swales. Dewatering of impoundments. Excavation of approximately 5,000 cubic yards of sediment from impoundments, and hauling of material to designated disposal area. Erosion and sediment control, as shown on project drawings. Final grading at disposal site. Final stabilization of excavation site as well as disposal site. Hydroseed cleared and grubbed areas. Work will be performed under the direction of Scoff English of Northwest Biological Consulting. Mr. English will be performing fish salvage and related biological work, and will oversee dewatering efforts and address environmental aspects of the project. Site Visit Contractor may request a site tour to be provided by City staff. To request a tour, contact Rob Moms at (541) 552-2419. EXHIBIT B City of Ashland LIVING WAGE For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $19,825 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $19,825. If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee. Note: "Employee" does not include temporary or part-time employees hired for less than 1040 hours in any twelve-month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020. Call the Ashland City Administrators office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at HYPERLINK °http:H www.ashland.or.us"www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page PAGE 3 of NUMPAGES 5 per hour effective June 30, 2013 (Increases annually every June 30 by the Consumer Price Index) Page 1 / 1 ASHLAND CITY O F l ii 1 REC0w ,D)S l DATE, PO NUMBER ' 20 E MAIN ST. 10/11/2013 11928 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 002567 SHIP TO: Ashland Public Works KOGAP ENTERPRISES (541) 488-5587 PO BOX 1608 51 WINBURN WAY 1501 MYERS LANE P-2 ASHLAND, OR 97520 MEDFORD, OR 97501 FOB Point: - Req. No.: Terms: Net - Dept.: Req. Del. Date: Contact: Rob Morris Special Inst: Confirming? No Quanti unit Description Unit Price Eict. Price' Sediment removal at East and West Forks 70,172.50 of Ashland Creek, haulinq of material to disposal site, qradinq and construction of access and coffer dams. Not to exceed $70,172.50 Contract for Goods and Services Beqinninq date: 09130/2013 Completion date: 12/30/2013 SUBTOTAL 70172 50 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 70,172.50 ASHLAND, OR 97520 Account Number Project Number ?Amount Account Number. Project Number.. - ' Amount E 670.08.15:00.70420 E 201012.999 17 543.13 E 670.08.38.00.70420 E 201012.999 52 629.37 z/ ~ l Autho ed signature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASH LAND REQUISITION Date of request: 10/10/13 Required date for delivery: ASAP Vendor Name KOC AP Fntamncaq Inr Address, City, State, Zip P.0 Box 1608, Medford OR 97501 Contact Name & Telephone Number Frank McElheran (541) 776£527 Fax Number . (541) 776-6539 SOURCING METHOD ❑ Exempt from Competitive Biddino ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on f le) ❑ Farm #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbalMritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (95,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form 44, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovemmental Agreement $5.000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Dale Description of SERVICES Total Cost Sediment removal at East and West Forks of Ashland Creek, hauling of material to diposal $70,172.50 site, radio and construction of access and coffer dams. Item # Quantity . Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $70,172.50 Project Number 2010.12 Account Number 670.08.15.00.0704200 (25%) Account Number 670.08.38.00.704200 (75%) 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee: Department Head: to(telr 3 0 or 64ater than $5,000) Departmen Manager/Supervis City Administrator: Equal to or greater than $25,000) Funds appropriated for current fiscal year: 1 II w 10111113 (1 \ Finance Director- (equal to orgreat r Ian $5,000) Date Comments: Form #3 - Requisition