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HomeMy WebLinkAbout2019-136 20190473 Kogap Enterprises SERVICES AGREEMENT PROVIDER: KOGAP CITY OF PROVIDER'S CONTACT: Frank McElheran ASHLAND 20 East Main Street ADDRESS: 115 W Stewart Ave#202, Medford OR 97501 Ashland,Oregon 97520 Telephone: 541/488-5587 PHONE: 541 776 5491 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and KOGAP Enterprises, NC, a domestic business corporation("hereinafter"Provider"), for Stormwater Sediment Trap Maintenance, Project No 2016-29. 1. PROVIDER'S OBLIGATIONS 1.1 Provide sediment removal and disposal from Roca Creek and River Walk sediment traps, as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and KOGAP Enterprises,Inc • 1.3 Provider shall, at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexaal orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor v.,ho performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$19,896 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$19,896 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. Page 2 of 5: Agreement between the City of Ashland and KOGAP Enterprises,Inc • 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitation to Bid, dated 03/20/2019. • The City's written Addendum No. 1, dated 04/01/2019. • The Provider's complete written Bid, dated 04/09/2016. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. Page 3 of 5: Agreement between the City of Ashland and KOGAP Enterprises,Inc 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"),and shall continue in full force and effect until September 15,2019,unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2419 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: KOGAP Enterprises Attn: Frank McElheran 115 West Stewart Ave#202 Medford, OR 97501 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: Page 4 of 5: Agreement between the City of Ashland and KOGAP Enterprises,Inc 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: KOGAP Enterprises,Inc. (PROVIDER): � ;1 By: By:y: V Signature Signature 44-14&4 C. $2.4.w Ijv 114-W64-4} Printed Name Printed Name Po) n, 126e—r,2 ig/1€ CE- Title Title /144-y •Zo /y 5 - /7-f Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and KOGAP Enterprises,Inc EXHIBIT A BID + ADDENDUM 1 BID FORM Revised per Solicitation Addendum No. 1 Project No: 2016-29 Bid Title: Roca Creek and River Walk Sediment Trap Maintenance Dredging Bidder Name: 4-19641, f, /./ s /e Ore.CCB No. 9:5y,7 k Bidder Address: //L< A/ �foA}Ay�iB / 0 �( 9.�, r-7 t ii 1 Bidder Contact: /9.706A--- At' Contact Telephone: 4 ' J / 5W Contact Email: ,4bodp„*,n,e6e,joy x Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: t s '! t :i. l fi' 6 $ s �i i take; i J'1 q, +Y a x ,11 b� 1#i� tilt WPM i r iz 1. Mobilize 1 `S r. 2. Vehicle and pedestrian traffic control 1 LS $ /4.0/2 $ /GDD 3. Removal AND hauling of sediment @ 248 CY Roca Creek $ v $ S6.--0d 4. Removal AND hauling of sediment @ 296 CY River Walk Sol/ $64/� 5. Native plant(grass)seeding 1500 SF $ TOTAL BID: $ 1 If 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents(Invitation to Bid, Instructions,General Conditions,Special Provisions,Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. l 2. The undersigned Bidder understands 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 '`. 4 ( 5 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 Agency. 3. The undersigned Bidder understands 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 omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. / dated /---/--/9_ Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: JO Ce Name (Printed): gkrrylif Title: 11--KC r e0 Date: Roca Creek&River Walk Sediment Project No.2016-19 Page 16 of 23 Trap Maintenance Dredging • CITY OF ASHLAND ADDENDUM NO. 1 TO THE INVITATION TO BID DOCUMENTS FOR PROJECT NO.2016-29 ROCA CREEK AND RIVER WALK SEDIMENT TRAP MAINTENANCE DREDGING This addendum issued this 1St day of April,2019 affects the invitation to bid documents for the above referenced project and shall be deemed an integral part of the above referenced documents. The bid submittal deadline is NOT changed this addendum. The project description,meetings,and evaluation criteria ARE changed by this Addendum as follows: 2.1 Amend Heading for the Scope of Work at Roca Creek as follows(Section 2 of Special Provisions, Page 9): Replace"Remove 116 CY sediment from Roca Creek Sediment Trap(Exhibit A,Exhibit B)"with: Remove up to 248 CY sediment from Roca Creek Sediment Trap(Exhibit A,Exhibit B). 2.2 Amend Roca Creek scope item E(safety watch): Pacific Power owns the overhead utility lines that run along the east side of the work site. The lines have a minimum vertical clearance of 35 feet. Due to the height and the offset above the worksite,Pacific Power has advised that a safety watch is not necessary. Contractor will still be required to avoid operating equipment within the 10-foot restricted zone around energized lines. 2.3 Amend Roca Creek scope item H(sediment volume): Replace"116 cubic yards"with"248 cubic yards" 2.4 Add the following item to the scope of work for Roca Creek: Clear blackberries growing on the sloped banks of the Roca Creek sediment trap, in an area of approximately 150 square feet. Do not clear any vegetation growing above the banks. 2.5 Add the following clarification to River Walk scope item B: Clear the small woody vegetation that has become established on the equipment access ramp. Trim overhanging vegetation as needed to provide access and maneuverability. Removal of small-diameter woody vegetation that has become established along the edges of the sediment trap(above the ordinary high water mark) is not necessary. 2.6 Add the following items to Implementation(Section 4 of Special Provisions) Upon completion of work at both sites,restore to existing any pathways that have been disturbed by equipment access.Ensure pathways provide an even,well-consolidated walking surface. Engineering Tel: 541-488-6002 Page 1 of 2 20 E.Main Street Fax:541-488-5311 Ashland,Oregon 97520 'ITY:800-735-2900 www.ashland.or.us • DATE(MM/DDIYYYY) • ABC :RD CERTIFICATE OF LIABILITY INSURANCE 4/25/2019 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). CONT PRODUCER Brown & Brown Northwest NAMEACT Susan Wilson 3256 Hillcrest Park Drive PHONE FAX Medford, OR 97504 IA/C.No.Ext): 541-494-2658 (A/C,No): 541-494-2758 E-MAIL ADDRESS: swilson @bbnw.com INSURER(S)AFFORDING COVERAGE NAIC# www.bbnw.com INSURERA: American States Insurance Company 19704 INSURED INSURER B: Travelers Casualty and Surety Co America 31194 pEnterprises,Stewart Av Inc. 11 INSURERC: Westchester Fire Insurance Company 10030 115 W. Stewa Ave, Suite 202 ----- — Medford OR 97501 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 48331197 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 ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A j COMMERCIAL GENERAL LIABILITY ✓ ✓ 01C168337270 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE ,/ OCCUR PREMISES EaEoccu 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 s 2,000,000 POLICY JE� ✓ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER. $ A AUTOMOBILE LIABILITY 01C187585730 4/1/2019 4/1/2020 COMBINEDSINGLELIMIT $ (Eaaccdet) 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UM/UIM Liability $1,000,000 A �/ UMBRELLA LIAB / OCCUR 01 SU42715280 4/1/2019 4/1/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED ✓ RETENTION$10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y I N STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/M EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B BOLT Bond(Statutory) 104657918 1/1/2019 1/1/2070 Limit:$30,000 C Employment Practices Liability G27433121006 4/1/2019 4/1/2020 Limit:$1,000,000/$2,000,000 Aggregate A Leased/Rented Equipment 01C168337270 4/1/2019 4/1/2020 Limit:$100,000 Deduct:$1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:Stormwater Sediment Trap Maintenance Project#2016-29 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 City of Ashland, Oregon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y 9 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(2016/03) The ACORD name and logo are registered marks of ACORD 48331197 1 002602 1 19-20 GL/Auto Cert 1 Susan Wilson 1 4/25/2019 2:59:24 PM (PDT) 1 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 II): 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 48331197 1 002502 1 19-20 GL/Auto Cert 1 Susan Wilson 1 4/25/2019 2:59:24 PM (PDT) 1 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 by this endorsement does not apply to (b) Not being used to carry persons or Y pP Y 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 ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte opinions, reports, surveys, change or nance or use of aircraft or watercraft; 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 I to "bodily equipment that is attached to, or d. This insurance does not apply Y y 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- hide 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 I) 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 48331197 1 002602 1 19-20 GL/Auto Cert 1 Susan Wilson 1 4/25/2019 2:59:24 PM (PDT) 1 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; (3) Property loaned to you; SUPPLEMENTARY PAYMENTS — COVERAGES A 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 The Damage To Premises Rented To You limit is the or intended from the standpoint of the insured. 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 48331197 1 002602 1 19-20 GL/Auto Celt 1 Susan Wilson 1 4/25/2019 2:59:24 PM (PDT) 1 Page 4 of 5 1 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a utreet, maUwey, wotenmuy, 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 Ooounonce, O#ense, 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 ~oocu/*once-, 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 a0en1, 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 operadonohuzurd'^ This waiver applies only to a person or organization for whom you The following is added to Paragraph G. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. T|ONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION ishng at the inception date of your polioy, 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 |). and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section |), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2.o. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion U|) 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 |cdo, or premises whose connection is in the state shown in the Deo|arations, your pol- icy will automatically provide this additional cov- *nx0e on the effective date of the revision. Page 4 ol 4 ^o3,`1m | oozm, | z,'zo GL/Auto c"= | Susan Wilson | ^/`"/z"^, z.,,.z^ ,° (=`) | Page 5 of 5 5/2/2019 Oregon Workers'Compensation Division:Look up an employer's coverage:Employer coverage tools:State of Oregon (htt ://www.oregon.gov) Employer coverage tools (/employer/coverage/) (I) * (/Pages/index.aspx) > Employer(/employer/Pages/index.aspx) > Employer coverage tools (/employer/coverage/Pages/index.aspx) > Look up an employer's coverage Look up an employer's coverage For best results, use the latest version of Google Chrome or Firefox browsers when using the coverage lookup tool. 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T arc p733Z Bidder Address: � L Bidder Contact: et/44 I N Contact Telephone: SY/9 4 070 Contact Email: Jr>rll1 " �//LL/,2_ o Ca H" Pursuant to an In compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: ItejniNo Description of Base Bid Bstimaied `Umt Umt Price Total Price Removal of Sedimentfroln$bcaCreek Quantity Sediment Tjap,(TraP A) 1. Mobilize 1 LS $ / cope $ /0/ 000 2. Vehicle and pedestrian traffic control 1 LS '$ /0 0°0 o- $ 10/ 000 e. 3. Removal AND hauling of sediment @ 248 CY $ 30 eje $ Roca Creek 4. Removal AND hauling of sediment @ 296 CY ex" / p / 00 River Walk $ $ ?/ /(o 5. Native plant(grass)seeding 1500 SF $ $ GUV f TOTAL BID: $ J Cie // 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents(Invitation to Bid, Instructions,General Conditions,Special Provisions,Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated In this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands 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 Agency. 3. The undersigned Bidder understands 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 omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract docrments: kit Addendum No. l dated /I edit Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: A7-4 Name (Printed): Title: (/'!/W✓ / gc2LIQ---eree__ ° Date: 6— .27° • CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID Roca Creek & River Walk Sediment Trap Maintenance Dredging Project No: 2016-19 ISSUE DATE: March 20, 2019 BIDS DUE: April 11, 2019 Not later than 2:00 PM Late bids will not be considered Bid opening on same day shortly after submittal deadline REFER QUESTIONS TO: SUBMIT BIDS TO: Kaylea Kathol, Public Works Project Manager Kaylea Kathol Phone: 541-488-5587 20 East Main St Email: kaylea.kathol @ashland.or.us Ashland, OR, 9520 PRE-BID CONFERENCE:There will a mandatory pre-bid conference and site visit on March 29, 2019 at 10:00 AM in Evergreen Park at the Roca Creek Sediment Trap. Directions to site are provided in Special Provisions. CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 CONTENTS INVITATION TO BID 3 INSTRUCTION TO BIDDERS 4 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 4 2. BID DOCUMENTS 4 3. PERPERATION OF BIDS 4 4. BID PRICES 5 5. RESERVED 5 6. RESERVED 5 7. SUBMISSION OF BIDS 5 8. ACCEPTANCE OR REJECTION OF PROPOSALS 6 9. AWARD AND CONTRACT 6 GENERAL CONDITIONS 7 1. DEFINITIONS 7 2. BUSINESS LICENSE REQUIRED 7 3. CONTRACTOR'S INSURANCE AND INDEMNITY 7 Primary Coverage 8 Indemnification 8 4. HOURS OF LABOR 8 5. PREVAILING WAGE 8 SPECIAL PROVISIONS 9 1. BACKGROUND 9 2. SCOPE OF WORK 9 3. CONTRACT TERMS 10 4. IMPLEMENTATION 10 5. SCOPE EXCLUSIONS 10 3. SUBMITTALS 11 4. PRE BID MEETING 11 Directions 11 TECHNICAL SPECIFICATIONS 12 SECTION 00150-CONTROL OF WORK 12 SECTION 00205—TEMPORARY FEATURES AND APPURTENANCES 12 SECTION 00225-WORK ZONE TRAFFIC CONTROL 13 SECTION 01030-SEEDING 13 BID FORM 15 GOODS&SERVICES AGREEMENT 17 EXHIBITS BOUND SEPARATELY EXHIBIT A: Site Plan EXHIBIT B: Roca Creek Work Site EXHIBIT C: River Walk Work Site EXHIBIT D: OAR 437-002-0047 Working Near Overhead High Voltage Lines and Equipment EXHIBIT E: ODOT"SIDEWALK OPEN"Sign Roca Creek& River Walk Sediment Project No.2016-19 Page 2 of 23 Trap Maintenance Dredging INVITATION TO BID ROCA CREEK& RIVER WALK SEDIMENT TRAP MAINTENANCE DREDGING Notice is hereby given that sealed bids for Project Number 2016-19: Roca Creek& River Walk Sediment Trap Maintenance Dredging, shall be received by Kaylea Kathol, Public Works Project Manager,20 E Main (by mail)/ 51 Winburn Way(in person),Ashland, OR 97520. Sealed bids must be submitted not later than 2:00 PM, Pacific Time,on April 11, 2019. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building,visible from the public lobby. Bids received prior to the deadline will be publicly opened and read aloud shortly thereafter in the Siskiyou Room of the Community Development a Building located at 51 Winburn Way. The outside of the sealed envelope must clearly marked with the bidder's name, address, bid name and number, and the due date. Bidder must submit one original bid. Please retain a copy for your records. The Work shall consist of supplying all labor, Equipment and materials necessary to remove a maximum of 116 cubic yards (CY) and 296 CY of accumulated sediments from two in-stream sediment traps located within the City of Ashland's municipal shared stormwater sewer system. Work will also include installing sediment and erosion control BMPs, hauling spoils to an agency-provided disposal location, and reseeding as necessary to stabilize disturbed soils and/or damaged upland vegetation. Interested parties may access Bid Documents, notices and addenda on the Oregon Procurement Information Network(http://orpin.oregon.gov). A mandatory pre-bid meeting will be held on March 29, 2019 at 10:00 AM at Evergreen Park at the Roca Creek Sediment Trap. 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. Scott A. Fleury Deputy Public Works Director Date: Roca Creek& River Walk Sediment Project No.2016-19 Page 3 of 23 Trap Maintenance Dredging INSTRUCTION TO BIDDERS 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 1.1. Examination of Site and Requirements: Bidder acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work,that it has carefully examined the Bid Documents and the Project Site, and that it has investigated and satisfied itself as to the general and local conditions, and with all applicable Federal,State, County, and City of Ashland laws,ordinances, rules, and regulations that may in any manner affect the performance of the Work or its cost. 1.2. Pre-Bid Meeting:The Project Site is available for inspection for Perspective bidders at a Pre-Bid Meeting and walk-through, as indicated in the Invitation to Bid, and existing conditions should be examined. This will be the only opportunity for bidders to visit the Project Site. 1.3. Surface and Subsurface Conditions: Bidder acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Project Site, including all exploratory work done by Agency,as well as from the drawings and specifications made a part of the Bid Documents. 2. BID DOCUMENTS Bidders may obtain or access plans,specifications,and addenda for this Project through the following sources: Oregon Procurement Information Network website, http://orpin.oregon.gov City of Ashland website, http://www.ashland.or.us/ 3. PERPERATION OF BIDS 3.1. Complete Bid Form: Bidders must submit bids on the Bid Form provided by the City. The name, address, Oregon State Contractor's registration number of Bidder, and other information required shall be typed or printed in ink on the Bid Form in the spaces provided. The Bidder's business name must match the name on the bid guaranty. 3.2. Fill in Blanks:All blank spaces on the Bid From must be filled in by the Bidder. Bidder must submit a bid amount for all Alternates,Additives, Deductives, unit prices and other prices indicated on the Bid Form. When bidding on items for which there is no charge, Bidder shall write the words"No Charge," "zero," or"0.00" in the space provided on the Bid Form. If a Bidder fails to submit a bid price for any item, notes "no bid" or similar language for any item, or does not fill in all blank spaces on the Bid Form,the bid may be rejected as non-responsive. 3.3. SIGN BID FORM:The Bidder shall manually sign the Bid Form in ink by an authorized representative of the Bidder. 3.4. ACKNOWLDEGE ADDENDA: Bidders shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form. Roca Creek& River Walk Sediment Project No. 2016-19 Page 4 of 23 Trap Maintenance Dredging 4. BID PRICES 4.1. ESTIMATED QUANTITIES:Any quantities on the Bid Form are estimates and are stated for bid comparison purposes.The Agency will pay the Contractor based on actual quantities of each item of Work completed in accordance with the Contract Documents. 4.2. RESERVED 4.3. BID ALLOWANCES: Bidder shall include in the bid all allowances provided on the Bid Form or elsewhere in the Bid Documents. Agency will pay the difference if the actual cost exceeds the allowance. 4.4. INSURANCE AND BONDS: Bidder shall include in its bid the cost of all insurance and bond costs required by the Contract Documents to complete the base bid Work and all additives and alternates. 5. RESERVED 6. RESERVED 7. SUBMISSION OF BIDS 7.1. BID SUBMITTAL DEADLINE: Bidders must submit their bids on the Bid Form included with the Bid Documents prior to the deadline established in the Request for Bids. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building,visible from the public lobby. Bids received prior to the deadline will be publicly opened and read aloud shortly after the deadline. 7.2. SEALED BID ENVELOPE: Bids and bid modifications must be submitted in sealed envelopes or packages (1) addressed to the office specified in the Request for Bids and (2) showing the name of the Project, bid opening date and time,and the name and address of Bidder. 7.3. PROHIBITED FORMS OF BID: Receipt of bids and bid modifications by any email,facsimile,telephone, other electronic means,or orally will not be considered. 7.4. WITHDRAWL OF BID:Any bid may be withdrawn at any time prior to the bid submittal deadline by providing written request to the Project Manager established on the cover page of the Invitation to Bid. The Bidder or a duly authorized representative must execute the request. Withdrawal of a bid will not prejudice the right of the bidder to file a new bid. All bids shall be irrevocable for 30 calendar days from the day of opening. 7.5. MODIFICATION OF BID:After a Bidder has withdrawn its bid as established in the paragraph above,a Bidder may revise its bid if the Agency receives the revised bid on the required Bid Form prior to the bid submission deadline in a properly marked and sealed envelope. 7.6. CLARIFICATION/PROTEST:Any Bidder requiring clarification or protesting any of the Specifications must provide specific requests in writing to the Project Manager established on the cover page of this ITB no less than 10 calendar days prior to the bid submittal deadline. Such requests, if deemed appropriate, will be answered in the form of bulletins or addenda which, if issued,will be provided to all known bidders via email or will be posted to the website(s) hosting the ITB. 7.7. ADDENDA:The Project Manager shall issue addendum no later than 5 calendar days prior to the bid submittal deadline. Any addenda so issued will become a part of the agreement. Roca Creek&River Walk Sediment Project No.2016-19 Page 5 of 23 Trap Maintenance Dredging • 7.8. TABULATION OF BIDS: Bidders may request a Tabulation of Bid Results. 8. ACCEPTANCE OR REJECTION OF PROPOSALS 8.1. REJECTION/ACCEPTANCE:The City reserves the right to waive technical defects,discrepancies and minor irregularities,or not to award a contract when it finds such action to be in the public interest. Bids may be rejected if they show any alteration of form, additions not called for,conditional bids, incomplete bids, erasures,or irregularities of any kind. 8.2. PUBLIC INTEREST:The City reserves the right to reject any bid not in compliance with the bid documents,or all prescribed public bidding procedures and requirements, and the right to reject any or all bids when it is in the public interest to do so per ORS 279B.100(1).Written notice of rejection of all bids shall be sent to all bidders. 8.3. COLLUSION: Upon evidence that collusion exists among bidders, none of the bids of participants in such collusion will be considered.All involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 9. AWARD AND CONTRACT 9.1. CONTRACT AWARD:Award will be made to the lowest bidder who is determined to be responsive and responsible.The award will be made on an all-or-none basis, by category or by individual item as in the best interest of the City.The delivery or furnishing of any of the bid items cannot commence until a contract is properly executed. 9.2. AWARD OF ADDITIVES,ALTERNATES, and DEDUCTIVES:The low bid shall be determined by the sum of the Base Bid, plus any combination of Additives, Alternatives,and/or Deductives the City decides, in its sole discretion,to include in the contract award. 9.3. CANCELLATION OF AWARD:The City reserves the right to cancel award of the contract at any time before execution of the contract(s) by both parties if cancellation is deemed to be the City's best interest. In no event shall the City have any liability for the cancellation of award.The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its bid. 9.4. CONTRACT EXTENSION: In the event more than thirty(30)calendar days lapse between the bid opening date and the date the contract is submitted to the bidder,the City may grant an extension of time to the bidder for fulfillment of the contract to offset any delay in the contract actually occasioned by the delay. 9.5. PROTEST OF AWARD:All protests must be in writing and physically received by the Project Manager no later than 4:00 P.M. on the third (3rd)working day after the postmarked notice of intent to award or disqualification. Proposers may protest only deviations from laws, rules, regulations,or procedures. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. Protests not filed within the time specified or which fail to cite the specific law, rule, regulation,or procedure upon which the protest is based shall be dismissed. Roca Creek& River Walk Sediment Project No.2016-19 Page 6 of 23 Trap Maintenance Dredging General Conditions 1. Definitions Agency: City of Ashland Contract: The written agreement between the City of Ashland and the Contractor, including without limitation all Contract Documents, describing the Work to be completed and defining the rights and obligations of the City of Ashland and the Contractor. Equipment: All machinery,tools, manufactured products,and fabricated items needed to complete the Contract of specified for incorporation into the Work. Project: The sum of all Work to be performed under the Contract. Proiect Manager: The City of Ashland's representative who directly supervises the engineering and administration of a Contract. Project Site: The geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas. Work: The furnishing of all Materials, Equipment, labor, and incidentals necessary to successfully complete any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the Contract. 2. 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. 3. 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$2,000,000 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$1,000,000 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 Roca Creek& River Walk Sediment Project No.2016-19 Page 7 of 23 Trap Maintenance Dredging coverage afforded under the policies cannot 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. 4. 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. 5. Prevailing Wage The Contractor agrees to comply with the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage law for proposed bid prices that exceed $50,000. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the Project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. Roca Creek&River Walk Sediment Project No. 2016-19 Page 8 of 23 Trap Maintenance Dredging SPECIAL PROVISIONS 1. Background The City of Ashland is authorized by the Oregon Department of Environmental Quality to operate a municipal shared stormwater sewer system (MS4). The system includes in-stream sediment traps (rectangular impoundments in active stream channels) as well as off-channel sediment traps (open basins that over-bank flows from nearby streams). Several in-stream sediment traps have filled in with sediment to their design capacities and now require maintenance dredging. 2. Scope of Work The Contractor to whom the Project is awarded shall provide material,tools, Equipment and labor to complete the Project according to all requirements specified in this Contract. Specific tasks include: Remove 116 CY sediment from Roca Creek Sediment Trap (Exhibit A, Exhibit B) A. Furnish and install pedestrian barricade to exclude entrance to footbridge over creek. B. Provide traffic control to allow for equipment backing in to the site from East Main Street C. Protect sidewalk from equipment loads with metal plate D. Provide ADA-accessible ramps and signage on either side of sidewalk protection plate E. Provide observer and signage regarding 10-foot restricted zone around energized power lines F. Furnish and install sandbag worksite isolation dam,approximately 9 feet (L) by 1 feet(H)at downstream end of sediment trap. G. Remove aquatic vegetation and haul to City's disposal site at B Street Yard,0.5 MILES. No separate payment will be made for removal and disposal of vegetation. H. Remove up to 116 cubic yards of accumulated sediment(approximately 1.8 feet in depth, evenly distributed across sediment trap surface), or as approved by Project Manager to meet sediment trap design criteria I. Dispose of sediment at Agency-provided disposal area, Croman Mill site,2.2 MILES. J. Reseed any disturbed ground above the active stream channel resulting from construction activities (excluding equipment access route). Remove 296 CY sediment from River Walk Sediment Trap(Exhibit A, Exhibit C) A. Furnish and install pedestrian barricade(s)to exclude entrance to construction site B. Remove aquatic and/or woody vegetation and haul to City's disposal site at B Street Yard, 0.7 MILES. No separate payment will be made for removal and disposal of vegetation. C. Remove up to 296 cubic yards of accumulated sediment, or until concrete liner is reached. D. Dispose of sediment at an Agency-provided disposal area, 3.3 MILES. Roca Creek&River Walk Sediment Project No.2016-19 Page 9 of 23 Trap Maintenance Dredging E. Remove and dispose of sandbags and debris generated during Work activities F. Reseed any disturbed ground above the active stream channel resulting from construction activities 3. Contract Terms All in-water work must occur during the applicable in-water work period (June 15-September 15). The Project must be completed in full, including seeding, by October 1, 2019. 4. Implementation 1. Contractor shall retain onsite at all times an "Operator's Copy" of the following permits authorizing Work in jurisdictional waters: Department of State Lands Removal-Fill Permit US Army Corps of Engineers Nation Wide Permit 2. Contractor shall be familiar with the terms of the above-referenced. 3. Contractor must provide a minimum of 14 days' notice prior to mobilization. This notice period will provide the City of Ashland sufficient time for installation of a water bypass system to dewater the sediment trap and drain excess water from sediments. 4. Saturated spoils, if encountered, must be hauled in sealed dump truck beds to minimize leakage of sediments during transport. 5. Haul spoils to Croman Mill Site, located at 146 Mistletoe Road,Ashland. Place spoils as directed by the site operator,Johnny Cat. Retain all receipts,tickets,or other documentation provided by disposal site operator. 6. The City will use an existing bypass system to dewater Roca Creek sediment trap in advance of construction. Contractor shall maintain the bypass system in good working order upon start of construction. Damages to the bypass system may cause elevated turbidity levels downstream of the Project Site,which will necessitate a temporary shutdown of in-water work. River Walk Sediment Trap and Railroad Park Sediment trap will not need to be dewatered. 7. Avoid Equipment contact with trees. If Equipment contact that could result in damage is unavoidable, contract Project Manager in advance. 8. Use Equipment access route and staging sites identified by City during pre-construct meeting to minimize/eliminate damages to City property. Contractor is responsible for the repair or replacement of any damaged City property, including but not limited to infrastructure (sidewalks, curbs,storm drains) and trees. 9. Remove and dispose of any and all debris and waste material generated by Work furnished under this contract. Debris and other waste materials must not be allowed to accumulate on site. Contractor will transport debris and waste material offsite and legally dispose of them on a daily basis. 5. Scope Exclusions 1. Dewatering—The City will furnish all labor, materials,and Equipment necessary to dewater Roca Creek prior to sediment removal. River Walk will not need to be dewatered. Roca Creek& River Walk Sediment Project No.2016-19 Page 10 of 23 Trap Maintenance Dredging 2. Turbidity monitoring-The City will furnish all labor, materials, and Equipment necessary to perform turbidity monitoring, as stipulated in the Oregon Department of Environmental Quality 401 Certification included in the US Army Corps of Engineers Nation Wide Permit. 3. Submittals 1. Submit a temporary traffic control plan and right-of-way closure permit to Public Works at least 48 hours prior to closure 2. Submit receipts,tickets, or other documentation of loads spoiled at Croman Mill Site on a daily basis during construction. 4. Pre Bid Meeting A mandatory pre-bid site visit will be held at the time and place identified on the cover sheet of this Invitation to Bid. Directions The pre-bid site visit will begin at the Roca Creek Sediment Trap. The site is located on the corner of E Main Street and N Wightman St. The site does not have a street address, but is adjacent to 1385 E Main St,Ashland, OR, 97520. From 1-5, headed south: Take Exit 14—0.2 mi Turn right onto OR-66/Ashland St—0.2 mi Turn right onto Tolman Creek Rd—0.6 mi Turn left onto E Main St—1.0 mi to destination On-street parking is available on Wightman St. The site visit will also include River Walk sediment trap. This site is located just before (south)of the bridge where N Mountain Ave crosses Bear Creek. The site does not have a street address, but is adjacent to 625 N Mountain Ave,Ashland,OR, 97520. Off-street parking is available across the street, at the ballfields in North Mountain Park. Roca Creek& River Walk Sediment Project No.2016-19 Page 11 of 23 Trap Maintenance Dredging TECHNICAL SPECIFICATIONS The select technical specifications below are modifications of the Oregon Department of Transportation (ODOT)2018 Standard Specifications for Construction. SECTION 00150-CONTROL OF WORK Comply with Section 00150 of the Standard Specifications modified as follows: Add the following sections: 00150.52 Overhead Power Utilities-Energized power lines owned by Pacific Power overhang portions of the Work with a minimum vertical clearance of 16 feet.The Contractor shall maintain at least 10 feet of safety clearance and shall comply with all applicable sections of OAR 437-002-0047(posted in full in Exhibit D), including but not limited to: • Provision for signage inside of equipment, prohibiting operation within the restricted area,consistent with 437-002-0047(4)(b) • Provision for an observer,whose only task is to alert equipment operator of proximity to restricted space, consistent with 437-002-0047(4)(c) 00150.53 Overhead Telecommunication Utilities-Telecommunication lines owned by overhang the entrance to the Work Area. The Contractor shall maintain sufficient clearance when operating equipment underneath telecommunication lines to eliminate risk of contact. 00150.70 Detrimental Operations—Replace this section except for the heading with the following: The Contractor shall avoid operations whose methods, conditions or timing may injure people or damage property or the Work. Damage may include,without limitation,staining surfaces with mud or asphalt,damaging concrete infrastructure such as sidewalk panels, curbs,storm drains,or water control structures. When any such damage occurs,the Project Manager will determine if it is to be corrected by repair, replacement,or compensatory payment by the Contractor. If compensatory payment is required,the Project Manager will determine the amount. Compensatory payment may be deducted from monies due or to become due to the Contractor under the Contract. SECTION 00205—TEMPORARY FEATURES AND APPURTENANCES Comply with Section 00225 of the Standard Specifications modified as follows: Add the following sections: 00205.15 Sidewalk Protection—Provide a level, non-slip surface to project the entire width of sidewalk, curb and storm drain from damage caused by equipment load. Any surface with a vertical edge of greater than or equal to'A inch must be ADA accessible and the following surface level criteria shall apply: If the vertical edge is between''/< and 'A inch,the edge may be beveled at a 2:1 slope Roca Creek&River Walk Sediment Project No.2016-19 Page 12 of 23 Trap Maintenance Dredging If the vertical edge is greater than'/z inch, it must be ramped at a slope of 8.33 or less (that is, 12 inches horizontal for every 1 inch vertical) 00205.85 Sidewalk Protection, Measurement—No measurement will be made for providing sidewalk protection. 00205.85 Sidewalk Protection, Payment—No separate or additional payment will be made for providing sidewalk protection. SECTION 00225 -WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications modified as follows: 00225.01K) Standards-Add the following bullets to the end of subsection • Oregon Temporary Traffic Control Handbook for Operations of Three days or Less • Ashland Municipal Code 16.12.060—Traffic Control Plan 00225.02 General Requirements—Add the following to the end of this subsection: Obtain a Right-of-Way Closure Permit from the City of Ashland. Submit permit application and a written temporary traffic control plan (TCP) at least 48 hours prior to the proposed closure (permit application attached). The TCP shall be developed by a Traffic Control Supervisor and shall conform to the 2011 ODOT Temporary Traffic Control Handbook for Operations of Three Days or Less. 00225.02(a) Temporary Signs-Add the following to the end of this subsection: On Sidewalk of East Main Street: At least 48 hours prior to the start of work, install a "SIDEWALK OPEN DURING WORK EXPECT MINOR DELAYS" (see ODOT sign CW11-3, Exhibit E)sign in advance of the restriction (that is, both sides of the worksite ingress/egress on the East Main Street sidewalk) In Evergreen Park AND River Walk Park:At least 48 hours before closing the pedestrian pathway through the work area, place a"PATH CLOSED"sign in advance of each future closure point.Sign dimensions shall be the same as CW11-3, referenced above. The sign may be mounted between the panels of a Type II barricade,or on a single-post TSS. Do not place the sign or sign support such that it narrows the pedestrian pathway to a width of less than 4 feet. 00225.98 Flaggers and Traffic Control Supervisors-Replace this subsection, except for the subsection number and title,with the following: No separate or additional payment will be made for flaggers or traffic control supervisors. SECTION 01030-SEEDING Comply with Section 01030 of the Standard Specifications modified as follows: 01030.13(f) Types of Seed Mixes-Add the following to the end of this subsection: Provide the following seed mix formulas: Roca Creek&River Walk Sediment Project No.2016-19 Page 13 of 23 Trap Maintenance Dredging Native Plant Seeding,West of Cascades in or near Wetland Areas: Botanical name Pounds of Seed Per Surface Acre (Common name) (lbs/ac) Festuca rubra—rubra 45 (Native Red Fescue) Lupinus albicaulis, "Hederma" 10 (Hederma Sickle-keeled Lupine) Elymus glaucus, "Elkton" 10 (Elkton Blue Wildrye) Total: 65 lbs/ac 01030.14(b)Type of Fertilizer—Replace this subsection,except for the heading,with the following subsection: Provide the following fertilizer, recommended by ODOT projects near water: For application within 50 feet of open water,furnish 22-2-11 low-phosphorus fertilizer analyzing 22 percent nitrogen, 2 percent phosphorus,and 11 percent potassium which releases slowly over an eight to nine month period. Furnish phosphorus and potassium that is coated to allow a minimum of 95 percent controlled-release. Furnish fertilizer containing a minimum of 60 percent available water-insoluble,controlled-release nitrogen derived from one of the following three sources: • Urea formaldehyde (Nitroform) • Isobutylidene Diurea (IBDU) • Polymer coated urea (no sulfur) 01030.90 Payment—Replace this subsection,except for the heading,with the following subsection: The accepted quantities of seeding and associated Work performed under this Section will be paid for at the Contract unit price, per unit of measurement,for the following items: Pay Item Unit of Measurement Native Plant Seeding Square Foot The item "Native Plant Seeding" includes soil preparation,seeding,fertilizing, mulching, applying tacking agent, and all establishment Work. Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor, and Incidentals necessary to complete the Work as specified. Roca Creek&River Walk Sediment Project No.2016-19 Page 14 of 23 Trap Maintenance Dredging BID FORM Project No: 2016-19 Bid Title: Roca Creek&River Walk Sediment Trap Maintenance Dredging Bidder Name: Ore. CCB No. Bidder Address: Bidder Contact: Contact Telephone: Contact Email: Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: Item Description of Base Bid: Estimated Unit Unit Price Total Price No , Removal of Sediment from Roca Creek Quantity Sediment Trap (Trap A) 1. Mobilize 1 LS $ 2. Vehicle and pedestrian traffic 1 LS $ $ control 3. Utility observer @ Roca Creek 1 LS $ $ 4. Removal AND hauling of sediment 116 CY $ $ @ Roca Creek 5. Removal AND hauling of sediment 296 CY $ $ @ River Walk 6. Native plant seeding 1500 SF $ $ TOTAL BID: $ 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents (Invitation to Bid, Instructions, General Conditions,Special Provisions, Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands 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 Roca Creek&River Walk Sediment Project No.2016-19 Page 15 of 23 Trap Maintenance Dredging 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 Agency. 3. The undersigned Bidder understands 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 omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated Addendum No. dated _ Addendum No. dated Signature of Bidder: Name (Printed): Title: Date: Roca Creek&River Walk Sediment Project No.2016-19 Page 16 of 23 Trap Maintenance Dredging GOODS & SERVICES AGREEMENT CITY OF PROVIDER: AS H LAN D PROVIDER'S CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and XXXXXXXXXXXXXXXXXX, a domestic business corporation ("hereinafter "Provider"), for (give very brief description of goods and services). 1. PROVIDER'S OBLIGATIONS 1.1 Provide more detailed description of goods and services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer"coverage and,taken together, they provide total coverage from the first dollar of liability; Roca Creek& River Walk Sediment Project No. 2016-19 Page 17 of 23 Trap Maintenance Dredging • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further,Provider agrees not to discriminate against a disadvantaged business enterprise,minority- owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$XXXXXX (could be hourly rate or lump sum amount) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $XXXXX (this is maximum, not to exceed amount of entire Agreement) without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Roca Creek& River Walk Sediment Project No. 2016-19 Page 18 of 23 Trap Maintenance Dredging 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties,whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that,upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written XXXXXX(Request for Proposals, etc. dated XXXXX. • The Provider's complete written XXXXXX dated XXXXXX. 5. REMEDIES Roca Creek& River Walk Sediment Project No. 2016-19 Page 19 of 23 Trap Maintenance Dredging 5.1 In the event Provider is in default of this Agreement,City may, at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until XXXXXXXX, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause,by not less than fourteen(14)days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier,or by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the address set forth below: If to the City: City of Ashland—XXXXXX Department Attn: XXX 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-XXXX With a copy to: Roca Creek& River Walk Sediment Project No. 2016-19 Page 20 of 23 Trap Maintenance Dredging City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Provider's name Attn: XXXX XXXXXXX 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. Roca Creek& River Walk Sediment Project No. 2016-19 Page 21 of 23 Trap Maintenance Dredging CITY OF ASHLAND: (PROVIDER): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Roca Creek& River Walk Sediment Project No. 2016-19 Page 22 of 23 Trap Maintenance Dredging EXHIBIT A-SITE PLAN,PROJECT 2016-29 )11 a Birchwood In�� �\ n aim✓ - Key Work Sites and Locations �a R dmenf I Roca Cr.Sediment Trap ay sr Trap 395E Main St* ,,\ -�?.remrwl p P u � 'era on . 2 v River Walk Sediment Trap ylL a- x o a Takelm m t U �C /. 651 N Mountain Ave* a,Z ,�ui EI HERSEY.STI B-St Yard(Organics Disposal) �� o ' _ wasp I/��o` 1097 B St Clay Creek Wy 0�0 1 //6 � � C T `' m \ akelmaW s �0 g Y rake/ma W•� - o e.,, m -1 - i-- _ f \ Croman Mill(Spoils Disposal) a I ' t • 146 Mistletoe Rd N .---""^- ;? E F✓efferson Av v Ya Roca Cr. _.- _...� v / m \ / , I '1 Sediment ,..,,,, *approximate address NO Or Nova Dr~ <\ +{ Trap m ..,,,msµ 'it? .\\ o �I Saratoga Ln \. 14 / .I i ■ 1 , Diane St \\,,, O j q �i� Old Mill _ II 1 \ Diane Sr III, hi _� �. I Blackberry? \ " II Spring Hill Dr, r Croman M' } Y„,,..-'1' Barbara Sr Av A I /itlt '.. \ Chapman Ln c „.k \\ ` i i "1 Mohawk St ) IJLILWII, / \\ I r^ ii .too .T t ,404, '•-f.,: N., .U v _ _� 1r / Y Canyon Park Dr m U f'i..` 1 f r ! ' \\ Black Oak WY qtr tsa, \f l 6 \ f 1 U ,, \' tt l!/! i i I' ', 1Croman� 1 mill 1 i 1, �, Croman Mill Site Inset I/ N ii 4 l 7__,...... , . :.).„- -.- it I 0 0.25 0.5 Mile S 1 EXHIBIT B - ROCA CREEK SITE PLAN, PROJECT 2016-29 E : lippowd, RUIZ, `! ..fi.. - L t. � I. A ..,,,77,f:;±A...it, _ ...,,l,..:, ,..::1,.. : . . ,.. .. -.04 .t f ju` 9 r,,f r.a', * ',4, „...,..., 7, , ,,,,,, ,,,,, ,.....,,y 4 i ,; k a Y� , 7' r`y. 3 ^vew„ 'V f '' ,3-X g t - ' c: . , � ' 1 ' ” 0 E MAIN ST 9% - •a.,,.. -I--. = ._ ,4 r •• _ I r KEYED NOTES 1. Provide traffic control 2. Provide plate to protect sidewalk, ensure plate is ADA-accessible, per specifications 4. Equipment access route 5. Overhead energized lines- maintain 10'clearance and observer 6. Sediment removal area 7. Install sandbag isolation dam @ downstream end 8. Close pedestrian access to worksite • EXHIBIT C - RIVER WALK SITE PLAN, PROJECT 2016-29 • -,...,;:r ...,t-,...,4 ,r .4tx• .-- Jr - ‘-..... ,,c, •iiit;if4,1",:ix--.. .4`14.:4:i.u- I ... �' n , l 1 E gin A .y. . , ,-.4*..-• : -_, .-. •N:•d4 - a $ "', ' 1.-� r r 111 . ~' ,F y SF t , Y f"' '.Bear Creek rrn „ K?S . ; y 1 Q y Jr A •. Z• • O i �11 / rk - 4 , 4...: :. .16 r +1 z F i .ui..L.ta..' r r yF lf ." F,11-'; •p -1�� '�ti-M R r j i :. f , ,1`, ., II_ fit � S (' --s t t* (. # a74 KEYED NOTES 1. Provide signs"TRUCKS ENTERING/LEAVING ROADWAY" 2. Equipment access route 3. Sediment removal area 4. Close pedestrian access to worksite EXHIBIT D - OSHA RULES FOR WORKING NEAR OVERHEAD HIGH VOLTAGE soMER 44/0 O� Oregon Administrative Rules G �G Chapter 437 OTC anifi, �2 1mi $cct * fly � * �y :: * m * `wnT.w.�. �:P * a * __7a Vii i __ea'S• lff _ * * 7 :I3R`if•Ti' ** ^% r. •, 0 ** �,~'✓�' ** 5 •state of wee Division 2 General Occupational Safety and Health Electrical Subdivision S, AO 3-2015 Oregon OSHA osha.oregon.gov , Working Near Overhead High Voltage Lines and Equipment I S Oregon Occupational Safety and Health Division Oregon Administrative Rules Division 2 437-002-0047 Working Near Overhead High Voltage Lines and Equipment (1) Definitions. Insulating Barrier or Guard. A structure, installation, barrier, or guard (such as a wall, fence, pole, shield, or something similar) that stops movement and prevents all possible contact with the fines or equipment. Its design, material composition, and installation prevents possible conduction of electricity up to the maximum voltage of the system. Restricted Space. (a) For lines rated more than 600 V to 50 kV, restricted space extends 10 feet in all directions from the surface of the line or equipment. (b) For fines rated over 50 kV, restricted space extends 10 feet plus 0.4 inch for each 1 kV over 50 kV, or twice the length of the insulator (but never less than 10 feet) in all directions from the surface of the line or equipment. (c) For equipment or structures in transit, on level surfaces, restricted space extends 4 feet in all directions from lines or equipment rated 50 kV or less, 10 feet in all directions for lines or equipment rated over 50 kV, and 16 feet in all directions for fines or equipment rated over 345 kV up to and including 750 kV. Proper Notification. The person(s) responsible for the (planned) activity must notify the owner/operator of the fine or equipment, at their business office, at least 2 business days prior to the anticipated beginning of work (business days are Monday through Friday, excluding federal and state holidays). The notification must include: (1) the proposed date to start activity within restricted space; (2) the location of the planned activity; (3) a description of the planned activity; and (4) name and contact information of the contact person. (2) General requirement. Do not enter, perform any function or activity (such as handling, erecting, operating, transporting, or storing any tools, equipment or materials, moving a building or structure) within the restricted space surrounding an overhead high voltage fine or equipment unless: (a) Proper notification is provided; and (A) The line and/or equipment is de-energized and visibly grounded by the owner of the high voltage system or their authorized agent; or 437-002-0047 (1) S - 97 437-002-0047 (2)(a)(A) SI Working Near Overhead High Voltage Lines and Equipment Division 2 Oregon Administrative Rules Oregon Occupational Safety and Health Division (B)Accidental contact is effectively prevented by use of insulating barriers or guards. Barriers or guards must: (f) Be erected or installed by the owner of the high voltage system or their authorized agent; (ii) Not be attached to, or be part of the fines, equipment, or machinery; Note: Overhead line covers are only for visual reference, and their use does not allow entry into restricted space. If used, they must be installed by the owner of the high voltage system or their authorized agent. (iii) Prevent all possible contact with the lines or equipment; and (iv) Insulate against the system's maximum voltage; or (b) You are the owner, an authorized employee, or authorized (in writing) agent of the overhead high voltage system: or (c) Insulated fines (not tree wire) and equipment (designed and engineered to allow only incidental contact) are erected or installed by the owner of the high voltage system or their authorized agent. Note: Nothing in this standard shifts the responsibility for safe and healthy working conditions from the person(s) responsible for the activity to the owner of the lines or their agent. Note: Nothing in this standard mandates that the owner of the lines or equipment, or their authorized agent must agree to de-energize, move, barricade, guard, or insulate lines or equipment, or take other action to allow entry into restricted space. (3) Do not move, reposition, or reduce restricted space in any direction by applying stress or force to a fine, equipment, or supporting structure. (4) Operation of machinery or equipment. (a) Do not enter restricted space when using insulating links or proximity warning devices on equipment. (b) Post a warning sign on each piece of equipment which is capable of vertical, lateral, or swinging motion, such as a crane, derrick, power shovel, drilling rig, or pile driver. (A) The sign must be made of durable material. (B) It must be in clear view of the operator. (C) The message must be legible to the operator when at the controls. 437-002-0047 (2)(a)(B) S - 98 437-002-0047 (4)(b)(C) Y I Working Near Overhead High Voltage Lines and Equipment I Selection and Use of Work Practices Oregon Occupational Safety and Health Division Oregon Administrative Rules Division 2 (D) The message must be understood by the operator. (E) The message must clearly convey that it is "Unlawful to operate the piece of equipment within 10 feet of high voltage lines'. (c) Use an observer to provide audible warning (able to be clearly heard over surrounding noise) when it becomes difficult for an operator to identify restricted space by using visual means. The observer's only task is to watch the clearance and warn the operator if it appears that restricted space will be breached. (d) Restrict, barricade, or otherwise make it impossible for a machine or piece of equipment to reach into restricted space if it is reasonable to anticipate that the operator's attention may be focused on the work process rather than the location of an overhead high voltage fine or equipment (such as during excavating, or other fast-paced, repetitive work). (5) Railway and commuter systems. (a) Standard rail equipment used to transport freight and/or passengers, and relief trains or other equipment used in emergencies, may enter restricted space surrounding high voltage fines or equipment. (b) Qualified employees, authorized and supervised by a person familiar with the hazards of the railway high voltage system, may perform normal repair or construction work within restricted space prior to compliance with the clearance and safeguard requirements in sections (1) through (4). Stat.Auth.: ORS 654.025(2)and 656.726(4). Stets.Implemented: ORS 654.001 through 654.295. Hist: OR-OSHA Admin.Order 4-2007,f.8/15/07,ef.8/15/07. Note: Use the national telephone number 811 or 1-800-332-2344 for Call Before You Dig before any digging or excavation. (ii) Qualified persons. When a qualified person is working in the vicinity of overhead lines, whether in an elevated position or on the ground, the person may not approach or take any conductive object without an approved insulating handle closer to exposed energized parts than shown in Table S-5. Note: 1910.333(c)(3)(ii)(A) through (C) were not adopted in Oregon, due to conflict with existing Oregon-initiated Rules. 437-002-0047 (4)(b)(D) S - 99 1910.333 (c)(3)(ii) • Sign Policy and Guidelines for the State Highway System EXHIBIT E -ODOT SIDEWALK OPEN SIGN, PROJECT 2016-29 CW11-3 1 2.25" 1 1.5"B 1.5" DURING WORK 1.5"B `o 1.5" ;L' EXPECT MINOR DE 1.5"B 1.5" MMM DD — MMM s ' 1.5"B 2.25" 4.2" 15.6" 4.2" Border = 0.625" Inset = 0.375" Radius = 1.5" Sign Background: Fluorescent Orange, Standard Retroreflective Sheeting Sign Legend: Black, Non-reflective Sheeting The SIDEWALK OPEN sign shall be posted as advance notification to pedestrians when intermittent work may temporarily block the pedestrian pathway for short durations not exceeding 5 minutes in duration each. Dates shown on the sign should be a combination of alpha and numeric characters(e.g.APR 22). If the work spans two different years, lettering may be converted to a MM/DD/YY format and the time span rewritten as:MM/DD/YY-MM/DD/YY. For example: 10/31/17 -2/5/18. OREGON DEPARTMENT OF TRANSPORTATION Approved By: S.T.E. Date: 03/2017 Updated: 06/2017 Oregon Department of Transportation 6-24 September 2018 k Purchase Order • Willi 1 e Fiscal Year 2019 Page: 1 of: 1 18F MB [v1[t P F d=AL-1 B City of Ashland 6 I ATTN: Accounts Payable L 20 E. Main Purchase 20190473 O Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable @ashland.or.us V H 0/0 Public Works Department E KOGAP ENTERPRISES, INC I 51 Winburn Way N 115 W STEWART AVE STE 202 p Ashland, OR 97520 O MEDFORD, OR 97501 Phone: 541/488-5347 T Fax: 541/488-6006 0 DAtiVIlfewnse „YFlIFjOOI (541) 776-6547 Paula Brown d T E —a_Jief 1�Ei51§®13I 1�-=t=if=fie#Im d 1€=7a� :I.,51 l7, g-T.0[,-- .E1:3179631>=I(e 05/0_9/2019 377 FOB ASHLAND OR City Accounts Payable Stormwater Sediment Trap Maint 1 Stormwater Sediment Trap Maintenance 1 $19,896.0000 $19,896.00 Services Agreement Completion date: 09/15/2019 Project Account: ******** ***** GL SUMMARY *************** 086600 -704100 $19,896.00 B "-----2. -`� y� Date: � 1 L`1 Authorized Si aturefi $19,896.00 • FORM #3 f-0 ( f 1 ' 27 CITY OF A request for a Purchase Order ✓ ASHLAND REQUISITION Date of request: 05/03/2019 Vendor Name KOGAP Address,City,State,Zip 115 W Stewart Ave.#202 Medford,OR 97501 Contact Name Frank McElheran Telephone Number 541-776-5491 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to-Bid El Emergency ❑ Reason for exemption:_ Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ VerbalMritten quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency ❑ (3)Written quotes and solicitation attached ❑.Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 Agency ❑ Form#4, Personal Services>$5K&<$75K•❑Direct appointment not to exceed$35,000 ❑ Special Procurement ❑Annual cost to City does not exceed$25,000. ❑(3)Written proposals/written solicitation ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) Date approved by Council: ❑Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Stormwater Sediment Trap Maintenance $ 19;896.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost IN Per attached quote/proposal .TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number - - - Account Number 086600 - 704100 $ 19,896.00 - - Project Number _ - _ Account Number - $ , , . Project Number -_ _ _ Account Number - $ ,_ . IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. if Employee: 400 bQ Y1/4.A-9-112- C CRAT't,pen Department Head: Z.,,„,,,i,ala 6 zotq (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greyer tha $25,000) Funds appropriated for current fiscal year 9/ NO • S S ( F ance Dire,,,.�qual to or greater than$5,000) Date Comments: Form#3-Requisition