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HomeMy WebLinkAbout2016-264 Contract - KOGAP Enterprises t Contract for GOODS AND SERVICES CITY OF CONTRACTOR: KOGAP Enterprises, Inc -AS H LAND CONTACT: Frank McElheran 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1608, Medford, Oregon 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 776-6527 DATE AGREEMENT PREPARED: 8/30/16 FAX: FMM@kogap.com BEGINNING DATE: 9/12/16 COMPLETION DATE: 11/1/16 COMPENSATION: $67,200 GOODS AND SERVICES TO BE PROVIDED: Contractor to provide dredging services, as described in the Scope of Services in Exhibit C (Proposal). ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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, unless 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 goods 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. Compensation under this contract, including all costs and expenses of Contractor, is limited to x,899$0, un7~1(~ separate written contract is entered into by the City. - (917, aoo. oo 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,283.20 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 may be terminated at any time 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 art, effective upon deliver of Contract for Goods and Services L ®8, 6/ /2016, Page 1 of 5 written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. 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 duty 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. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/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 portion 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 in default 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. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. 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. C. 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, Contract for Goods and Services kess han $2-6 , 06/30/2016, Page 2 of 5 5) W )eA - including coverage for owned, hired or non-owned vehicles, as applicable. d. 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. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, required herein but only with respect to Contractor's 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 contractor's 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, etc. 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 HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs 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, 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. 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 reference. Contractor: City bland By By Signature Department fead 4°6 1<40"_36Z C~..r v c r~ G~~ W ~ ~ Print Name Print Name S C) Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. TM A ORM hWnd , A omay Contract for Goods and Services 6ess than , 06/30/2016, Page 3 of 5 Date~_ :P W_ _4k EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) 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, (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: (1) 1 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. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 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. a Contractor (Date) Contract for Goods and Services , 06/0/2016, Page 4 of 5 T) L4 L- - ► c CITY OF ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WA E per hour effective June 30, 2016 (Increases annually every June 30 by the ~r Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. y For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more L For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services s, 0 30/2016, Page 5 of 5 C Exhibit C - Proposal s K, I P # Inc. 'erpr yw GENERAL CONTRACTING EXCAVATING r+ ~ KOGA a~ COB# 93491 AND P.O. BOX 160€3 a MEDFORD, OREGON 97501 PHONE (541) 7.76-6527 ~ FAX (541) 776-6539 August 30, 2016 Kaylea Kathol, Project Manager City of Ashland Public Works 51 Winburn Way Ashland, OR 97520 Re: Sediment Removal Project 2016-17 Kaylea, Attached is our proposal for the above referenced project. As directed in the Instructions to Bidders, it has been signed by a corporate officer and enclosed in a sealed envelope. Thank you for the opportunity to offer a price on this project. Frank McElheran Project Superintendent CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR QUOTATIONS SEDIMENT REMOVAL AT EAST AND WEST FORKS OF ASHLAND CREEK PROJECT NO.: 2016-17 TYPE OF PROPOSAL: EXCAVATION AND HAULING SERVICES PROPOSAL DUE DATE: August 30, 2016 - 2:00 PM 20 EAST MAIN STREET ASHLAND OR 97520 5411488-5587 G:lpub-wrksleng12016 Project Year116-17 Dredge Ashland Cr Impoundments\Admin\RFQNBid Package12016-17_Sediment Removal RFQ_Revised 8.23.16,docx Page 1 TABLE OF CONTENTS PAGE Bid Proposal Form 4 Requirement for Bidding & Instruction for Bidders 5 Special Provisions 7 Sample Contract 9 G:lpub-wrksleng12016 Project Year116-17 Dredge Ashland Cr Impoundments\Admin\RFQ\Bid Package12016-17_Sediment Removal RFQ Revised 8.23.16.doex Page 2 <o(-, P y::) &-A-Lc-pc- ,s&-~ ~ rte. , J C) Ow CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SEDIMENT REMOVAL AT EAST AND WEST FORKS OF ASHLAND CREEK 0 P, BID PROPOSAL FORM q :!~C) ~ 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: 1, 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. 2. The undersigned agrees that the "Time of Completion" shall be September 30, 2016 for in-water work services, and October 15 for total project completion. PROPOSAL FORM Item No. Description Quanti Unit Unit Price Amount 1 Mobilization & Demobilization LS 1 14, oob " ~ 4 . (DOv Clearing and gubbing access, 2 staging areas and disposal site LS 1 1000- O Dewatering -coffer dams, 3 pumps, piping LS 1 Installation of erosion control 4 measures LS 1 O O 1 G Construct access to East and O , ~ ~ o ~ 5 West Fork sites LS 1 6 Excavation of sediment CY 1400 D-06 r Hauling of sediment to disposal t ~ r goo 7 site CY 1400 Final stabilization of excavation and disposal sites, hydroseed r-k O0 C> - O D U 8 cleared and rubbed areas LS 1 TOTAL BID PRICE G:\pub-wrks\eng\2016 Project Year116-17 Dredge Ashland Cr lmpoundments\Admin\RFQ\Bid Package\2016-17 Sediment Removal RFQ_Revised 8.23.16.docx Pag 4 (Y1( o +r1 'k-k C Lo e- REQUIREMENT FOR BIDDING INSTRUCTION TO BIDDERS Date and Place for Opening Proposals Pursuant to the "Invitation to Bid - Trade Services", sealed proposals for performing the work will be received by the City Project Manager, or her representative, at the place and time set forth in the Invitation to Bid. 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 Project Manager and marked "Proposal for Sediment Removal" Project 2016-17, 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 Reiection 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 Project Manager 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 G:\pub-wrks\eng\2016 Project Year\16-17 Dredge Ashland Cr lmpoundments\Admin\RFQ\Bid Package\2016-17_Sediment Removal RFQ_Revised 8.23.16.docx Page 5 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 writing, 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. Safety 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; G:1pub-wrksleng12016 Project Year\16-17 Dredge Ashland Cr lmpoundments\Admin\RFQ\Bid Package12016-17 Sediment Removal RF4_Revised 8.23.16.docx Page 6 a. Worker's Compensation insurance in compliance with OILS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $110OO,D00, $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 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, d. 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. G:1pub-wrksleng12016 Project Year116-17 Dredge Ashland Cr lmpoundments\Admin\RFQlBid Package12016-17_Sediment Removal RFQ Revised 8.23.16.docx Page 7 SPECIAL PROVISIONS Scope of Work The work shall consist of supplying all labor, equipment and materials necessary to perform the following work, consistent with the sediment removal plans depicted in Figures A through E (enclosed). o Installation of erosion control measures, including where applicable silt fences and sediment curtains. o Clearing and grubbing of access, equipment staging areas and disposal site. o Development of equipment access to impoundments on East and West Forks of Ashland Creek including if necessary improvement of the ford across West Fork Ashland Creek. o Preliminary grading of disposal site and development of swales. o Dewatering of impoundments. o Excavation of approximately 2000 cubic yards but not to exceed 3,000 cubic yards of sediment from impoundments, and hauling of material to designated disposal area. o Erosion and sediment control, as shown on project drawings. o Final grading at disposal site. o Final stabilization of excavation site as well as disposal site. Hydroseed cleared and grubbed areas. 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, Site Visit Contractor may request a site tour to be provided by City staff. To request a tour, contact Kaylea Kathol at (541) 552-2419. G:tpub-wrksleng12016 Project Year116-17 Dredge Ashland Cr lmpoundments\Admin\RFQ\Bid Package12016-17 Sediment Removal RFQ_Revised 8.23.16.docx Page 8 EXHIBIT D - THREE CONTRACTORS DECLINE TO BID CITY OF ASHLAND Memo TO: File FROM: Kaylea Kathol DATE: 8/30/2016 RE: Contractors decline to bid dredging at East, West Forks Ashland Creek The City of Ashland has a need to perform routine dredging in the small impoundments on East and West Forks of Ashland Creek. Four contractors were contracted regarding their interest in bidding the job, including Knife River, M and M Construction, Pilot Rock Excavation, and KOGAP. The City received a single bid from KOGAP for $67,000. Knife River and M and M Construction declined to bid verbally during the week of September 15. Pilot Rock declined via email on 8/29/16. Accordingly, the City has chosen to award the contract to KOGAP. I . r ® AC"RO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/31/2016 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Brown & Brown Northwest N AME: Sandy L. Orr 3256 Hillcrest Park Drive AIO No Ex~• 541-494-2687 (Ac, No): 541-494-2787 Medford, OR 97504 E-MAIL ADDRESS: sorr@bbnw.com INSURER(S) AFFORDING COVERAGE NAIC # www.bbnw.com INSURERA: American States Insurance Company 19704 INSURED INSURER B : General Insurance Company of America _ Kogap Enter rises, Inc. PO BOX 1609 INSURER C : Travelers Casualty and Surety Co America 31194 Medford OR 97501 INSURER D : _ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 31578925 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 INSD SUWVD ER POLICY NUMBER MPOLICY EFF M DDfYYYY MM/L LTR DD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY ✓ ✓ 01C168337241 4/1/2016 4/1/2017 EACH OCCURRENCE $ _ 1,000,000 DAMAGE TO RETED CLAIMS-MADE V OCCUR PREMISES (Ea occur ence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ~ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY 240031464911 4/1/2016 4/1/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ✓ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ 1,000,000 UM/UIM Liability A ✓ UMBRELLALIAB OCCUR 01SU4271522 4/1/2016 4/1/2017 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED ✓ RETENTION $10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N 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 $ C BOLI Bond (Statutory) 104657918 1/1/2016 1/1/2017 Limit: $30,000 A Leased/Rented Equipment 01C168337241 4/1/2016 4/1/2017 Limit: $100,000 Deduct: $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Sediment Removal at East and West Forks of Ashland Creek. General Liability includes Additional Insured Coverage including Per Project Aggregate and Waiver of Subrogation when required by written contract per attached endorsement CG76350207. Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and its elected officials, officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE Susan Wilson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1578925 1 002602 1 16-17 GL/Auto Cert I Sandy L. Orr 1 8/31/2016 8:15:10 AM (PDT) I Page 1 of 5 COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED - BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section ll): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP 1578925 002602 1 16-17 GL/Auto Cert I Sandy L. Orr 1 8/31/2016 8:15:10 AM (PDT) I Page 2 of 5 (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or rented or loaned to you or the insured; ing: (1) The preparing, approving, or failing to (4) Liability assumed under any "insured contract" for the ownership, mainte- prepare or approve maps, drawings, Hance or use of aircraft or watercraft; or opinions, reports, surveys, change or- ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or (b) the operation of any of the machin- No coverage will be provided if, in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 1578925 1 002602 1 16-17 GL/Auto Cert Sandy L. Orr 8/31/2016 8:15:10 AM (PDT) I Page 3 of 5 any other person, organization or entity, for WHO IS AN INSURED - MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS - COVERAGES A (3) Property loaned to you; AND B - BAIL BONDS - TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you. A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS - HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 76 35 02 07 Page 3 of 4 EP 1578925 1 002602 1 16-17 GL/Auto Cert I Sandy L. Orr 1 8/31/2016 8:15:10 AM (PDT) Page 4 of 5 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 1578925 002602 1 16-17 GL/Auto Cert Sandy L. Orr 1 8/31/2016 8:15:10 AM (PDT) Page 5 of 5 Client#: 176711 KOGAENTE1 DATE (MM/DD/YYYY) ACORD., CERTIFICATE OF LIABILITY INSURANCE 8131/2016 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 NAME: KC Ferguson Propel Insurance PHONE 80fl AIC No Ext 499-0933 AIC, No : 866 577-1326 1201 Pacific Avenue E-MAIL ADDRESS: kc.#erguson@ProPelinsurance.com Suite 1000 INSURER(S) AFFORDING COVERAGE NAIL # Tacoma, WA 98402-4321 INSURER A : SAIF Corporation INSURED INSURER B : KOGAP Enterprises, Inc. INSURER C : P O Box 1608 INSURER D : Medford, OR 97501 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGEES TO RENTED CLAIMS-MADE FIOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per a $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 754670 10101/2015 101011201 X oWC STATU- RY LIMITS ORTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTfVE YIN E.L. EACH ACCIDENT $500000 OFFICER/MEMBER EXCLUDED' N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Sediment Removal at East and West Forks of Ashland Creek Project: Oak Street Railroad Crossing CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATIVE Orr O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2353237/M2233610 KCFO0 Purchase Order Fiscal Year 2017 Page: 1 of: 1 ` =ACC-~= B City of Ashland I ATTN: Accounts Payable L Purchase 140 L 20 E. Main Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V KOGAP ENTERPRISES, INC H C/O Public Works Department E PO BOX 1608 1 51 Winburn Way N p Ashland, OR 97520 D MEDFORD, OR 97501 Phone: 541/488-5347 O R O Fax: 541/488-6006 541 776-654_7 Ka lea Kathol - _ UW-t Dd Q~~Qre = /~ndQr_-I~u Qr° - =@e quir - - 09/02/2016 377 FOB ASHLAND OR Cit Accounts Pa able I-WE Excavation Sediment Removal 1 Excavation services to remove sediment from East and West 1 $67,200.0000 $67,200.00 Forks of Ashland Creek. Project #201617.999 Contract for Goods and Services Beginning date: 09/12/2016 Completion date: 11/01/2016 Ship To: C/O Public Works Department 51 Winburn Way Ashland, OR 97520 Phone: 541/488-5347 Fax: 541/488-6006 GL SUMMARY 081500 - 604100 $16,800.00 083800 - 604100 $50,400.00 B.4.a 4. - Date. By: Authorized Signature $67,200.00 P V Purchase Order twVAA4M&1 Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - L ATTN: Accounts Payable Purchase L 20 E. Main Order # 140 Ashland, OR 97520 44 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E KOGAP ENTERPRISES, INC I 51 Winburn Way N PO BOX 1608 1 Ashland, OR 97520 D MEDFORD, OR 97501 Phone: 541/488-5347 O T Fax: 541/488-6006 R `r O t _V~ndor Phone Nram~rendQr ~a_N~mr= =Ze_~__ - - - - 541 776-6547 _ Michael Fau ht A \lendQr N~amr mate orr~= = = t 1. T= ° - FOB ASHLAND OR , City Accounts Pa able 09/02/2016 377 - - = Qest~~R-atA Excavation Sediment Removal rq 1 Excavation services to remove sediment from Eastand West 1 $67,200.0000 $67,200.00 Forks of Ashland 'Creek. Project #201617.999 Contract for Goods and Services Beginning date: 09/12/2016 Completion date: 11/01/2016 z .r GL SUMMARY 081500 - 604100 $16,800.00 083800 - 604100 $50,400.0'0 m~ f' 1 By: Date: Authorized Signature - $67 200.00 FORM #3 CITY OF ASHLAND REQUISITION Date of request: 08/31/16 Required date for delivery: 09/08/16 Vendor Name KOGAP Enterprises, Inc Address, City, State, Zip PO Box 1608, Medford, OR 97501 Contact Name & Telephone Number Fran McElheran, (541) 776-65427 Fax Number FNM@kogap.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergencx F1 Reason for exemption : Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 3-of the 4 approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro os : otractors Attach co of council communication _(If council a royal required, attach co of CC ❑ Small Procurement solicited declined Cooperative Procurement Request for Proposal (Copies on file) Less than $5,000 to bid. See El State of Oregon F-1 Direct Award approved by Council: Contract # memo in Exhibit :Attach copy of council communication) F-1 Verbal/Written quote(s) < ❑ State of Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES Applicable Form (#5,6, 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 #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental 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 proposalslwritten solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Consultant to provide excavation services to remove sediment from East, West Forks of Ashland Creek. $67,200.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost xxx xxx xxx TOTAL COST ® Per attached quote/proposal Project Number 201617.999 _ Account Number 670.08.15.00.604100 (25%)_ ~sr Account Number Account Number 670.08.38.00.604100 (75%) 'F *Expenditure must be charged to the appropriate account numbers for the financials to accuratel reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: 1 T 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: (Equal to or g a er than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $$25,000) Funds appropriated for current fiscal year, YE / NO r/3~/ ~j Finance Director- (Equal to or greater than $5,000) Date Comments: Fnrm #3 - Rpmiicitinn