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HomeMy WebLinkAbout2019-193 20190098 KOGAP Enterprises • GOODS & SERVICES AGREEMENT PROVIDER: KOGAP Enterprises,Inc. CITY OF PROVIDER'S CONTACT: Frank McElheran/Sharon AS H LAN D Neuschwander 20 East Main Street Ashland,Oregon 97520 ADDRESS: 115 West Stewart Ave#202 Telephone: 541/488-5587 Medford, OR 97501 • Fax: 541/488-6006 PHONE: 541-776-5491 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and KOGAP Enterprises,Inc.,a domestic business corporation("hereinafter"Provider"), for Excavation/Maintenance Dredging at Beach Creek Sediment Trap. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Excavation/Maintenance Dredging at Beach Creek Sediment Trap 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; • 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. g �' tY � 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. 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$9,760.00 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$9,760.00 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. 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 27911235. Page 2 of 5: Agreement between the City of Ashland and KOGAP Enterprises,INC. r , 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 06/14/2018. • The Provider's complete written Bid signed 06/28/2018. 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. 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 0 unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and KOGAP Enterprises,INC. a 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)488-5587 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, Inc. Attn: Frank McElheran/Sharon Neuschwander 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: 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. Page 4 of 5: Agreement between the City of Ashland and KOGAP Enterprises,INC. 3 • 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: KOG Enterprises,INC. (PROVIDER): By: �.... iL By: ` t (U1AUt{t r ce6,621111 Signature Signature Printed Name Printed Name "if/ .137/40eID.t - LG C O Title Title 15 J1/4( zoa 7l ,c7 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. ( 9t3 Page 5 of 5: Agreement between the City of Ashland and KOGAP Enterprises,INC. SUPPORTING DOCUMENTS ciry or ASHLAND BID FORM Project No: 2016-19 Bid Title: Stormwater Sediment Trap Maintenance Dredging Bidder Name: G,+C) P L-%-i-hi-pP I S \nc , Ore.CCB No. g 34-Ct Bidder Address: ) \ , ��f ��,�} i�t (Y� �rr� c) L. c 7 sO Bidder Contact: 5-1f a b t 5,4 g t Contact Telephone: 541 17 to Contact Email: -� er\ (f p, co 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: Description Bid Amount Lump Sum Bid for the removal of 220 CY of sediment @ Beach Creek"Trap B" $ 1(iz O oO TOTAL BID: $ x1(4,0 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. Stormwater Sediment Trap Project No.2016-19 Page 13 of 20 Maintenance Dredging CITY OF ASHLAND 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Colts Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: 1'1 1 6UAltti AZ-6 v^6' Name(Printed): 43�4-%s c\ as....\./.‘k3 1 k Title: `V. 5 • C p ` Date: (0\ of g \ e Stormwater Sediment Trap Project No.2016-19 Page 14 of 20 Maintenance Dredging A�® CERTIFICATE OF LIABILITY INSURANCE DATE MM/DD,8 , 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). PRODUCER Brown & Brown Northwest NAME:ACT Susan Wilson 3256 Hillcrest Park Drive PHONE FAX Medford, OR 97504 lac. ES Ext): 541-494-2658 (A/c,No): 541-494-2758 ADDRESS: swilson(abbnw.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 115 p E Stewart Ave, S INSURERC: Westchester Fire Insurance Company 10030 115 W. Stewart Av , Suite 202 Medford OR 97501 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 43110091 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY / / 01C168337260 4/1/2018 4/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE I OCCUR PREMISES(EaEoccurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JERCT ✓ LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 01C187585720 4/1/2018 4/1/2019 (EoaBcclNdeotSINGLELIMIT $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 01SU42715270 4/1/2018 4/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED ✓ RETENTION$10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (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 1/1/2018 1/1/2019 Limit:$30,000 C Employment Practices Liability G27433121005 4/1/2018 4/1/2019 Limit:$1,000,000/$2,000,000 Aggregate A Leased/Rented Equipment 01C168337260 4/1/2018 4/1/2019 Limit:$100,000 Deduct:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Excavation/Maintenance Dredging at Beach Creek Sediment Trap 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 k/9 I Susan Wilson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 43110091 1 002602 1 18-19 GL/Auto Cert 1 Susan Wilson 1 7/12/2018 3:44:54 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 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 76350207 Page 1 of4 EP 43110091 I 002602 I 10-19 GL/Auto Cent I Susan Wilson 1 7/12/2018 3:44:54 PM IPOT) I Page 2 of 5 (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising out of operations performed for the state you own or rent; or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- , professional services by or for you, includ vided the "auto" is not owned by or 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 rrance 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- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- 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 43110091 1 002602 118-19 GL/Auto Cert i Susan Wilson 1 7/12/2018 3:44:54 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; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES . occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: Paragraph 6. of LIMITS OF INSURANCE (Section III) P Y 9 is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in•the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 76 35 02 07 Page 3 of 4 EP 43110091 1 002602 1 18-19 GL/Auto Cart 1 Susan Wilson 1 7/12/2018 3:44:54 PM (POT) 1 Page 4 of 5 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 43110091 002602 18-19 GL/Auto Cert 1 Susan Wilson 1 7/12/2018 3:44:54 PM (PDT) 1 Page 5 of 5 Client#: 176711 KOGAENTEI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/11/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAAMNE: KC Ferguson Propel Insurance PHONE 800 499-0933 F4X 866 577-1326 (A/C,No,Ext): (A/C,No): Medford Workers Compensation E-MAIL kc.fer uson ro elinsurance.com ADDRESS: g @P P P 0 Box 936 INSURER(S)AFFORDING COVERAGE NAIC# Medford,OR 97501 INSURER A eAIFCOrporatlon 36196 INSURED INSURER B: KOGAP Enterprises, Inc. INSURER C: 115 W Stewart Ave.,Ste 202 INSURER D: Medford,OR 97501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDY/YEYYY) (MM DD//YEYYY) LIMITS COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE E $ CLAIMS-MADE OCCUR PREMISES(EaE rrrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ _ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) J ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - - — NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 754670 10/01/2017 10/01/2018 ISTATUTE I X IERH AND EMPLOYERS'LIABILITY ANYIPRW RIETOREARTNER/E ECUTIVEY/N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Excavation/Maintenance Dredging at Beach Creek Sediment Trap CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE 5,13a, rtApa, ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3277313/M2947410 LAHOO This page has been left blank intentionally. • CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID Stormwater Sediment Trap Maintenance Dredging Project No: 2016-19 ISSUE DATE:June 14, 2018 BIDS DUE:July 5, 2018 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 an ON SITE mandatory pre-bid conference at on June 26, 2018 at 09:00 AM at the southern parking not at North Mountain Park CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 CITY OF ASHLAND 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. BID GUARANTY 5 7. SUBMISSION OF BIDS 5 8. ACCEPTANCE OR REJECTION OF PROPOSALS 6 9. AWARD AND CONTRACT 6 GENERAL CONDITIONS 8 1. DEFINITIONS 8 2. BUSINESS LICENSE REQUIRED 8 3. CONTRACTOR'S INSURANCE AND INDEMNITY 8 Primary Coverage 9 Indemnification 9 4. HOURS OF LABOR 9 5. PREVAILING WAGE 9 SPECIAL PROVISIONS 10 1. BACKGROUND 10 2. SCOPE OF WORK 10 3. CONTRACT TERMS 10 4. IMPLEMENTATION 10 5. SCOPE EXCLUSIONS 11 4. SUBMITTALS 11 5. MEASUREMENT AND PAYMENT 11 6. PRE BID MEETING 12 BID FORM 13 CONTRACT FORM 15 EXHIBIT A: Project Maps and Drawings Stormwater Sediment Trap Project No. 2016-19 Page 2 of 20 Maintenance Dredging C I T Y OF -ASHLAND INVITATION TO BID STORMWATER SEDIMENT TRAP MAINTENANCE DREDGING Notice is hereby given that sealed bids for Project Number 2016-19: Stormwater 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 July 5, 2018. 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 up to a maximum of 220 cubic yards (CY)of accumulated sediments from one in-stream sediment trap 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 and/or replanting 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 June 26, 2018 at 09:00 AM at the southern parking not at North Mountain Park, accessed by entering the driveway opposite of the corner of North Mountain Avenue and Larkspur Lane (see Exhibit A). 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: Stormwater Sediment Trap Project No.2016-19 Page 3 of 20 Maintenance Dredging CITY OF ASHLAND 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. Stormwater Sediment Trap Project No. 2016-19 Page 4 of 20 Maintenance Dredging CITY OF ASHLAND 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. BID GUARANTY 6.1. FORM AND AMOUNT: Bidder shall submit with its bid a surety company bid bond in an amount not less than five percent(5%) of the total amount of the Bid that could be awarded, including any additives and alternates. Bids not accompanied by an appropriate bid bond may be rejected as non-responsive. 6.2. BIDS VALID:The award of the contract, if it be awarded, shall be made within 30 calendar days after the bid submission deadline. No Bidder may withdraw its bid after the bid submission deadline, unless the award of the contract is delayed for a period exceeding 30 calendar days from the bid submission deadline. The Agency reserves the right,for a period of 30 calendar days following the bid submittal deadline,to initiate or rescind acceptance of any Alternate or Additive Bid in the amounts bid on the Bid Form. 6.3. HOLDING BID GUARANTY: If the successful Bidder fails to enter into a contract with the Agency and provide satisfactory performance and payment bonds and evidence of insurance within 10 calendar days,the bid bond shall be forfeited to the Agency. 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 Stormwater Sediment Trap Project No.2016-19 Page 5 of 20 Maintenance Dredging CITY OF ASHLAND 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. 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. Stormwater Sediment Trap Project No.2016-19 Page 6 of 20 Maintenance Dredging CITY OF ASHLAND 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. Stormwater Sediment Trap Project No.2016-19 Page 7 of 20 Maintenance Dredging CITY OF ASHLAND 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. Project Manager: The City of Ashland's representative who directly supervises the engineering and administration of a Contract. • Protect 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 Stormwater Sediment Trap Project No.2016-19 Page 8 of 20 Maintenance Dredging CITY OF ASHLAND 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. Stormwater Sediment Trap Project No.2016-19 Page 9 of 20 Maintenance Dredging CITY OF ASHLAND SPECIAL PROVISIONS STORM WATER SEDIMENT TRAP MAINTENANCE DREDGING 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). One in-stream sediment trap, Beach Creek"Trap B", has filled in with sediment to its design capacity and now requires 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: A. Mobilize B. Furnish and install approximately 350 linear feet of orange construction fencing around left, right,and upstream extent of Project Site. C. Furnish and install up to three (3)straw wattles,25 feet in length each, in locations identified by City. D. Remove up to 220 cubic yards of accumulated sediment (including aquatic vegetation),or as approved by Project Manager to meet sediment trap design criteria. E. Dispose of sediment at an Agency-provided disposal area. F. Remove and dispose of construction fencing,straw wattles, and debris generated during Work activities G. Reseed any and all 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 by September 30, 2018. 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. Stormwater Sediment Trap Project No.2016-19 Page 10 of 20 Maintenance Dredging CITY OF ASHLAND 4. Excavate sediments to approximately 1.8 feet (21-22 inches) below existing grade. Excavation shall be evenly distributed along the length and width of the sediment trap to the extent practical. 5. Saturated spoils, if encountered, must be hauled in sealed dump truck beds to minimize leakage of sediments during transport. 6. 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. 7. The City will install a bypass system 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. 8. Avoid Equipment contact with trees on the opposite bank, including branches that overhang the Project Site. If Equipment contact that could result in damage is unavoidable, contract Project Manager in advance. 9. 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 and trees. 10. 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. Fish salvage—The City of Ashland will furnish all labor, materials, and Equipment necessary to complete a fish salvage prior to the start of excavation 2. Dewatering—The City will furnish all labor, materials,and Equipment necessary to dewater Beach Creek "Trap B" prior to sediment removal. 3. 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. 4. Submittals 1. Submit sequence of Work for City review and approval within 10 days of Notice to Proceed and prior to start of construction and demolition activities. 2. Submit receipts,tickets, or other documentation of loads spoiled at Croman Mill Site on a daily basis during construction. 5. Measurement and Payment No measurement of quantities will be made for Work performed as described in the Scope of Work, above. All Work performed to complete the Project will be paid for at the lump sum basis. Stormwater Sediment Trap Project No. 2016-19 Page 11 of 20 Maintenance Dredging CITY OF ASHLAND The disposal site operator will submit tickets to Contractor's truck drivers to track spoils volume. Contractor shall not submit payment to the disposal site operator, nor shall Contractor seek reimbursement from the City for disposal fees. Spoils disposal fees shall be settled between the City of Ashland and the disposal site operator. 6. 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. Stormwater Sediment Trap Project No.2016-19 Page 12 of 20 Maintenance Dredging CITY OF ASHLAND BID FORM Project No: 2016-19 Bid Title: Stormwater 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: Description Bid Amount Lump Sum Bid for the removal of 220 CY of sediment @ Beach Creek"Trap B" $ 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 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. Stormwater Sediment Trap Project No. 2016-19 Page 13 of 20 Maintenance Dredging CITY OF ASHLAND 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: Stormwater Sediment Trap Project No.2016-19 Page 14 of 20 Maintenance Dredging CITY OF ASHLAND CONTRACT FORM Stormwater Sediment Trap Project No. 2016-19 Page 15 of 20 Maintenance Dredging • GOODS & SERVICES AGREEMENT C r Y o F 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; • 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. Stormwater Sediment Trap Project No. 2016-19 Page 16 of 20 Maintenance Dredging 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 disabili ty, 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 Rights A eement and Title VI of the Civil hts Act of 1964 and other federal nondiscrimination laws. g 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. 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. Stormwater Sediment Trap Project No. 2016-19 Page 17 of 20 Maintenance Dredging 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 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 Stormwater Sediment Trap Project No. 2016-19 Page 18 of 20 Maintenance Dredging • 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: XXXXXXXXXXXXXX 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-XXXX With a copy to: 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; Stormwater Sediment Trap Project No.2016-19 Page 19 of 20 Maintenance Dredging (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 Y g pp Y 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: (PROVIDER): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. ( is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Stormwater Sediment Trap Project No. 2016-19 Page 20 of 20 Maintenance Dredging CITY OF ASHLAND ADDENDUM NO. 1 TO THE INVITATION TO BID DOCUMENTS FOR PROJECT NO.2016-29 STORMWATER SEDIMENT TRAP MAINTENANCE DREDGING This addendum issued this 26'Day of June,2018 affects the invitation to bid documents for the above referenced project and shall be deemed an integral part of the above referenced documents. 1 BID SUBMITTAL DEADLINE The bid submittal deadline is NOT changed this addendum. 2 INVITATION TO :I rj j The project description,meetings,and evaluation criteria ARE changed by this Addendum as follows: 2.1 Add the following item to the Scope of Work(Section 2 of Special Provisions,Page 10): Prior to sediment removal,clear aquatic vegetation(vegetation growing within the normally wetted channel)from an area of approximately 350 square yards 2.2 Amend Item E I the Scope of Work(Section 2 of Special Provisions,Page 10)as follows: Dispose of vegetation and sediment separately, at two Agency-provided disposal areas 2.3 Add the following requirement to Implementation(Section 4 of Special Provisions,page 10): Clear aquatic vegetation(vegetation growing within the normally wetted channel)from the Project Area prior to the start of excavation. To the extent practical,minimize excavation of sediment during this phase. Haul aquatic vegetation and any associated sediment to City of Ashland `B' Street Municipal Yard,at 1097 `B' Street, Ashland,Oregon. Dispose of vegetation at a location specified by the Project Manager. The City estimates approximately 60 Cubic Yards of sediment will be removed during clearing of aquatic vegetation. This volume will count towards the total volume of sediment removed. 3 QUESTIONS AND ANSWERS The following questions and answers are provided as a matter of information to clarify issues raised about the ITB. To the extent that changes to the ITB are required based on the questions received,the ITB has been modified as noted above in the ITB section of this Addendum. 3.1 Does vegetation get removed? Clear vegetation within the wetted channel where excavation will occur. The City confirmed that the Croman Mill Site cannot accept organics in spoils. Vegetation and any associated sediment must be removed separately and shall be hauled to the City's `B' Street Yard,less than half a mile from the Project Site,as detailed above. Vegetation and associated sediment will be dumped in the street sweeper"pile",which is regularly landfilled. Engineering Tel 541-488-6002 Page 1 of 2 20 E.Main Street Fax 541-488-5311 Ashland,Oregon 97520 TTY:800-735-2900 www.ashland.or.us CITY OF ASHLAND 3.2 What are the dimensions of the sediment trap? The sediment trap is approximately 120 feet in length and, on average, 27 feet wide. 3.3 Is a geotechnical report available? What happens if we hit bedrock? No. If you hit bedrock,you've gone deep enough. This project only relates to the removal of sediments that have accumulated over the past few years. Removal of bedrock will not be necessary. 3.4 How high up the bank does dredging extend? Dredging shall be limited to the area below the ordinary high water line. This will be identified during the pre- construction meeting, and can be flagged if the contractor requests. Dredging will not extend up the sides of the banks. 3.5 Are there any work hour restrictions? Ashland Municipal Code limits construction to the hours of 0700 to 1900(weekdays) and 0800 to 1800 (weekends). 3.6 Do you want reseeding to include disturbed banks? Yes. Reseed disturbed banks above the ordinary high water line to minimize erosion. 3.7 Are there any weight restrictions on the bridge? No. Due to its short span,the City routinely moves heavy equipment and dump trucks across the bridge. 3.8 Is there a specified grade? No.As a rule of thumb, flatter is better for the purposes of trapping sediment. 14 . 'INFORMATION A revised Project Overview map is included with this addendum. The map shows the location of the `B' Street Yard. END OF ADDENDUM Engineering Tel 541-488-6002 Page 2 oft 20 E.Main Street Fax:541-488-5311 Ashland,Oregon 97520 TTY:800-735-2900 www.ashland.or.us • Map - Project Overview (Revised for Addendum 1 ) Stormwater Sediment Trap Maintenance Dredging Project No. 2016-19 /3 0 "'I O.28 0.5 Miles 4( W---'...- .---E IF crei.- 1100 I 1 5 ilk Air- - g •• , _ .....•• Project Site ..40 ( ga ' g, —■ II'S, g t•■ersey Stceet pa. $ t ".... I Vegetation Disposal 3, %144411.1ftftew,',,,,, 11101110‘_ 'I- -ki,..... " SO 1441511 trl '..*1.4..N.... I i ,.. •...., serft, k. .1... ----- --------- . .N. N i E 3 3 ----.. § ''' * sf 1 1 'S. 2 ...Street' if i I i •,. ... s Keg, A I i 13 g' )■,,, 1 Ott.Orlut 4.erwre $ OR 99 > AI I I 11 ■I I "t4 . OR 99 .N g 1 \ .! twntrs •,..r r«rg,s,... 1 [ ' Souther n Preg°^ i,,,,,,,,,, A M.;n. ... r-, 3. University I. hett cernirery. I Ashland..eel r - OR 6t . , OR 66 OR 66 Assuaiiiiiim, f-----`OR 66 OR 66 7 OR 66---1 OR 66 - - t;',■'..-' --'-- 't r. t • rotev tote 1 tsso.,,..,tet■ t i '.., . .. -... , i 1 1 1 OWm.co Sue. 044110 3: . - 1 i E ■ Spoils disposal site L. /Emma Strtel Woodland Orr, ,.....„ Ross Lone i S OR 99 Peathey Row i i 1 ,t, , ,otace . 2 d I ' '9•16e--4,16alg,-, •,, , :II ,Neria Strett T .s. t I I-J-1- •P ...4 ,,, ... '1`21.• . I .. 1 41, 1 .•tt:.. ----"- \,-*'3 .• 'S f ■ .▪ • ©OpenStreetMap(and)contributors,CC‘BY-SA , I EXHIBIT A Project Maps and Figures City of Ashland Stormwater Sediment Trap Maintenance Dredging Project No. 2016-19 Map- Project Overview Stormwater Sediment Trap Maintenance Dredging Project No. 2016-19 I I I t I I I N b 0.25 ,,� , 5 1 `~ rt .. 4$1:06V .ai 4*4.."\., , '1 ~ ,.."/ to t Project Site ......� +nom j ... 1,:. •' •".^,-:yam ', r'. r:c. tw,w,vrsu.. j ,.,... 9s .. tY k ' II 3 I 1 t r rte.., f r I w, I 'rr, • 1 .55.'° ty Y C t a„ Y� x { v d 6 N. - 1� 4... 3 f Spoils disposal site:.. - � 1 'S t, ` . Siskiyou %. Mountain ©OpenStreetMap(and)contributors,CC-BY-SA,Source:sEsri, Pork .;,igitalGlobe,GeoEye,Earthstar Geographies,CNES/AiNis DS, USDA,USGS,AEX,Getmapping,Aerogrid,IGN, IGP,swisstopo, and the GIS User Community `A,. Location of Pre-Bid Meeting @ North Mountain Park June 26, 2018, 09:00 AM Stormwater Sediment Trap Maintenance Dredging Project No. 2016-19 r 1 Cast•t.xy Sr,r... Curd I 0 A * 'f, ! Pre Bid Meeting Location ee P s" 4 Ns Si OR99 ; I \ II t: Ashland Yw �,n�a„� a 41%4 1 ROtper$ OR 99 i w.1� E tinn I lit• S S, 44 , 1-04. Feet ©OpenStreetMap(and) �o, contributors, CC BY-SA 0 130 260 520 `, I ©OpenStreetMap(and)contributors,CC-BY-SA S.E.I/4,S.E.I/4,SEC.4,T.39S.,R.1 E.,W.M. 39 I E 04DD JACKSON COUNTY ASIILAND r•ion. aa?MAP/I 1g o4DA ARRD%. NW, *M„ Y ;no U16000.' __i .— ems... row--,,--1- y itte - f i 1 r 2500 10 • a- ar 7100 1 y„ cG,4C! CA14t].ikn TAX 1111111 nit i10. 4 r„ • _ , e -. ... LOT MAMMA •5 1000 0 •ea • .t 25000 Mom11AXA1pM:341,t1]dAPPIDT)1w,HU e t•LI • 1 Uo EIM Sall' �'ISCOE "° n;` „ PLACE ' i 14011441311111A141:1110 19nawzC i1 '1° e '• as•++,. F =,w.. tta / ... !,.{SS61;hUPITDtt1541tOMA 11„r N06 1606"H61u� 167. °" • r MI 1. 25 °� F ° d 605 Sk , y (40,fUOREMAPIRDTOmmomn et __11` \' _ / -au-. 61f14116111M I,1014104AA T�° �•• _ \,4 14.•• `P 611. U @]AN'PFA 71)S4IF MAA INTON ,_.it 'f;1in,627— it• ' 'c5 w Wit"O N axe, STI_ °;`- �t\ I ell 'x;6 s7eo` o�a6 Y'1 �`' ° r° 1R 391E04DD Y, ,f▪, , 5-8 ei -1 z .Im f)`- ' .`•YILLga HERSEY (STOCK DR.) G*'a•'' `�,7 ST. Se ,m..• .° - Sediment Trap B - �R t°�.4 i� Beach Creek opt.VCR uii° s,,,, AZ SEE c' ' w' SEE. Q 1�t`S sae SUPP P r V 7 CRAMP t- s G • = n DETAIL m7K A. NO.1 LU 0 4j cj '' 3t?!e• �'.�� ..l MAP NO.1 i,''1 .. O\ �y� `. '.,. t u. \ t ' t1 1 ✓ - 0 'WILLIAMSON ri e1r'• r•t, jilt, ,\ 1 i �i')'•rt;•Silk,=a e•a VQ`���s ;�A�4i%VO) + .41:. °..cos .41 . , e9., ,: '`;� 1 3 \)'\ ek - ,•j S < ( s t0 39 IE04DD Cti��� \�i :� 1�•1 �1, ASHLAND YF].MAP]°It 04,5.4 ' MIS MAP IA!I1M6AiW.Tr-s Figure 3b. Mi38, G Tax Lot Map Tax lots from ORMAP,PSA from MB&G.All OSediment Traps data reproduced for information purposes and may not be suitable for legal,engineering Joint Permit Application or surveying purposes.Conclusions drawn are pP the responsibility of the user. City of Ashland Sediment Traps Jackson County, Oregon N Not to Scale , e 17 0 ��, e1 \ . _ . . . ,„ .... # 1.• , ;��� f \ . // #P F roSS T €` s Sect%p e.. ^^� -“;,,,,,,-,44 - .— •*),i 'T' -'-' . . , . • ^ ,/'=> O i 4 ' 1)7g 7 j83+� ¢ * .- •• g . / rijitt.!: '' ' - to / °�° . , ' i A if #1k...- , . ti a N.. A Index Map , N. co e, (,._:,,1'.: 5c.O Dom/ roe C[ Rr�t .. " °"N r Parking �ail Patt te.3t n w 4 cb. �. ,� North Mountain Park EKen ey St° K " vt. k py. t i c 5b19 Nei v. j , n , EMstn�, 4. 4 " M �,d :a -. \$ .,.__. Figure 5b. Q Area of Potential Impact(API) �\• IIE II Impacts Map $ Ordinary High Water Mark Source:Aerial imagery from Microsoft Bing, Existing contours derived from 2016 LiDAR Sediment Trap B — Beach Creek s Existing 1-ft contour data all other data from MB&G.Reproduced p� for informational purposes and may not be V,1 Permanent Impact suitable for legal,engineering or surveying Joint Permit Application �7 purposes. Conclusions drawn from such E�._._..,..' Temporary Impact information are the responsibility of the user. City of Ashland Sediment Traps D Flow Direction Jackson County, Oregon is, 0 ■25 eet Cross Sections 1 . I - - ) cc ) N 4 - >1 ° 1 in 1 'll c% • s . f4 c1- 0 . I 6 A - • a tx3' t r w I C 1 5(k) 11 Q - 1I ce � ' I'4 1}, 1 , �c 1 I I I I• I 1 I _ • II A ' \KV m o ' � 1111611 t as 1101y 41‘:::\ . . Ilb'1'60111°.*' -- - - We. iki M J \1 Weir Outflow J A N 'w7w6w^w 4^ �. 1 1783 ,19 '♦ A ., ) la .gr • gtV lit ., '''PP-8 ° CO le 1111:11111111111111111' fiw 41k IP � t °a g .4 PP-6 a M . F , F S / / 7783 ^1 i fit 11, I lib> , A h j Index Map CO i v. i 3c❑ S' ` i ... Noy,. CNoe vi Cw o,tter•�gra ast E ` Parking ( � EKersey St < J N , 9r.. North Mountain Park ii II. gbn ; ' likir. Iii 4 S ; - b a rs B St E ^ N g� 4 - '/ BF \ a<. Figure 3b• Photo Point Locations Ordinary High Water Mark Source:Aenai imagery front Microsoft Bing, Existing 1-ft contour Existing contours derived front 2016 LiDAR Sediment Trap B — Beach Creek data all other data from MB&G.Reproduced for informational purposes and may not be Photo Points suitable for legal,engineering or surveying Waters Technical Memorandum purposes. Conclusions drawn from such information are the responsibility of the user. City of Ashland Sediment Traps Flow Direction Jackson County, Oregon 1 0 25 eet 5 ,;, 5. Sediment Trap B: upstream(south) view from bridge.Representative view of accumulated sediment and vegeta- tion within the trap. 1. 6. Sediment Trap B: downstream(north) view of concrete grade control/weir at the downstream extent of the trap.The 'L R' L I+ OHWM indicated by red line.• •6 ;'` +1,31 �i ' . N } f / 4 " 14, .1/ ' 01n ti ^`_cif Mason,Bruce&Girard,Inc. Photo Date 02/23/2017 7 7. Sediment Trap B:concrete grade con- ` ��. trol/weir at the downstream extent of the trap.Outfall elevation partially )1 `17 informed OHWM elevation. z 8. Sediment Trap B:view of vegetation - and accumulated sediments consisting N. ' , of silt,sand,and gravels. r r V 8 '. x1' ' A...... 0. , S, t 0,4 Ir.', •, ':-.41., .. _ '. liV'�:aZ 1jtY, • - , tT ` giti;--ilike• , ' 4Z-"■,_:.--1-'--4-.,,-„,„_As....., .W..- ,_. _ 4 �a i ` .tl • i "` = 'L, Mason,Bruce&Girard,Inc. r ~ ., Photo Date .:,:t_ -cs l ' a• II 02/23/2017 x Purchase Order g . I Wil c-- ' \,; :,as Fiscal Year 2019 Page: 1 of: 1 B City of Ashland ,. . _ I ATTN: Accounts Payable Purchase L L 20 E. Main 20 190098 Ashland, OR 97520 Order# �! .!lJ T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Public Works Department E KOGAP ENTERPRISES, INC I 51 Winburn Way N D PO BOX 1608 p Ashland, OR 97520 O MEDFORD, OR 97501 Phone: 541/488-5347 R T Fax: 541/488-6006 O I.1®a a_°®te @ o=0.®i®.14- Il21- -- -N>-ice--=;_.- a®-'umber—_— --- ku.le_et. .,-g.i-w. — _ (541) 776-6547 Paula Brown rS$$L i51alom—E 6gm =Zi.7a®I .a= - _)_ iiM-0.1ii= 07..1,1€4ii1=10-`4 1=-.,1=73 07/13/2018 377 FOB ASHLAND OR City Accounts Payable Dredging Beach Creek 1 Excavation / maintenance dredging at Beach Creek sediment trap 1 $9,760.0000 $9,760.00 Goods and Services Acreement Completion date: "0" No date in section 6.1) Project Account: ........... GL SUMMARY ....... 081200-602400 $9,760.00 I I I 1 1 By: ` '. : ! Dater° r � _ -- Authorize ignature -- _- i#-- -ta-1_ _____� $9,760.00 FORM #3 CITY OF A request for a Purchase Ord e11. 8 ASHLAND REQUISITION Date of request: 07/09/2018 Vendor Name KOGAP Enterprises, Inc. Address,City,State,Zip 115 West Stewart Ave#202 Medford,OR 97501 Contact Name Frank McElheran/Sharon Neuschwander Telephone Number 541-776-5491 Email address . SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption:_ ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement Cooperative Procurement ❑ Request for Proposal (Copies on file) ❑ S• tate of Oregon Less than$5,000 g 111 Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ O• ther government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency 111 Less than$35,000,by direct appointment 111 Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council:, (Date) ❑ Form#4, Personal Services$5K to$75K Valid until:_ (Date) —(Attach copy of council communication) Description of SERVICES Total Cost Excavation/Maintenance Dredging at Beach Creek Sediment Trap $ 9,760.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ 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 081200 - 602400 $ 9760.00 - - — Project Number -— — — Account Number - $— — — — — — —•— — Project Number -_ — — Account Number - $_,_ _ _,_ _ _•_ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,"I or*that thei1City's public contracting requirements have been satisfied. IT Director Date Support Yes/No Employee:\'el V Y OVI r O-XX • ",PA/Or\p, Department Head: /5../U4 32/, (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) /''�� i ��. Funds appropriated for current fiscal year: / NO cl ! I�� 1' once D' or-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition