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HomeMy WebLinkAbout2019-206 20190532 Brittania Enterprises • • GOODS & SERVICES AGREEMENT (greater than $25,000.00) PROVIDER: Brittania Enterprises, Inc. CITY OF PROVIDER'S CONTACT: Andrew Edwards ASHLAND 20 East Main Street ADDRESS: 5800 S. Pacific Hwy. Ashland, Oregon 97520 Phoenix, Oregon 97535 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-261-2522 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Brittania Enterprises,Inc.a domestic business corporation ("hereinafter"Provider"), for sediment maintenance in East and West Fork Impoundments. 1. PROVIDER'S OBLIGATIONS 1.1 Provide sediment maintenance in the East and West Fork Impoundments 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 6: Agreement between the City of Ashland and Brittania Enterprises Inc. • 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$92,377.19 (ninety-two thousand three hundred and seventy-seven dollars and nineteen cents) 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 $92,377.19 (ninety-two thousand three hundred and seventy-seven dollars and nineteen cents) 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. Page 2 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for any goods delivered to City as part of the Work. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Work by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the goods. The City may reject non-conforming goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the goods are new, current, and fully warranted by the manufacturer. Delivered goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitation to Bid dated 03/27/2019. • The Provider's complete written Bid dated 04/30/2019. Page 3 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 4 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 October 31, 2019, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5587 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 Page 4 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. If to Provider: Brittania Enterprises Inc. Attn: Andrew Edwards 5800 S. Pacific Hwy. Phoenix, OR 97535 541-261-2522 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. Page 5 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. 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: BRITTANIA ENTERPRISES INC. (P.' ' I DER): i►� , By' _„0i ., — City Adminis : ignature kbfQ pz,J/- Andrew Edwards Printed Name Printed Name 7 Jk- 2Q/y Owner/ President Date Title June 42019 Date Purchase Order No. / 9 �.3 v2-( y-9 is to be submitted with this signed Agreement) APPRO D AS TO FO . Assistant City Attorney ate Page 6 of 6: Agreement between the City of Ashland and Brittania Enterprises Inc. CITY Or ASHLAND BID FORM Project No: 2017-18 Bid Title: East&West Fork Ashland Creek Impoundments Maintenance Dredging Bidder Name: Brittanla Enterprises,Inc. Ore.CCB No. 105483 Bidder Address; 5800 S.Pacific Hwy Phoenix,Oregon 97535 Bidder Contact: Andrew I.Edwards Contact Telephone: 541-261-2522 Contact Email: andrew@brittaniaenterprises.com 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: ;IteDescrl ttrsn:.<:::.::•,:,;.. ,:.. :.;Q t := . ...p1_<;: ........p..... ....�... ••- ...:�::_.:_-_.:�. :_...t1!: °: �°Un t:�: :, �Ur�itarost :..:.:,; . ::_Btd Amount:':::..: Mobilize 1 LS $ 7709.44 7709.44 2 Dewatering—piping,sandbags,etc. 1 LS $ 8257.51 $ 8257.51 3 Excavate sediment 3600 CY $ 6.94 24984.00 4 Sediment Fence(paid upon removal) 900 Li= $ 4.52 4066.78 5 Haul sediment to disposal site 3600 CY $ 9.73 $ 35028.00 6 Grade spoils 3600 CY $ 1.74 $ 6264,00 6 Final stabilization/hydreseeding 2 AC $ 3033.73 $ 6067.46 TOTAL BID: $ 92377.19 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 East&West Fork Ashland Creek Project No.2017-18 Page 13 of 21 Impoundments Maintenance Dredging s RLI P.0 I3ox396 Company BID BOND P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 Bond No. LSM1034657 KNOW ALL MEN BY THESE PRESENTS, That We, Brittania Enterprises.Inc. of 5800 S Pacific Hwy Phoenix,OR 97535 as Principal,and RLI Insurance Company ,of Peoria Illinois ,as Surety,an Illinois corporation duly licensed to do business in the State of Oregon ,are held and firmly bound unto City of Ashland Public Work Department ,as Obligee,in the penal stun of 5%of Total Amount Bid for the payment of which the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That whereas the Principal has submitted,or is about to submit,a proposal or a bid to the Obligee on a contract for Proj 2017-18 East&West Fork Ashland Creek Impoundments Maint Dredging NOW,THEREFORE,if the aforesaid principal shall be awarded the contract,the said principal will within the period specified therefore,or if no period be specified,within ten(10)days after the notice of such award enter into a contract and give bond for the faithful performance of the contract,then this obligation shall be null and void,otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the fanner,in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT,that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90)days after the acceptance of said bid of the Principal by the Obligee. SIGNED,SEALED AND DATED this 25th day of April , 2019 Brittania Enter. ' - Principal By '�� �,,t10EsC04 �:f�,i RLI Insura�l�e CtiInpany•tea '+ By �G� (, 2174r,6,r Larry G Thompson '�c T cu r e -Attorney In Fact grO•• •r�d�•••• .....1• 444 0Vtat ,7 ill° �� , C0038015-50,0 v I a POWER OF ATTORNEY RLI Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Bond No., LSM1Q34657 Know All Men by These Presents: That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Larry G Thompson ,in the City of Medford ,State of Oregon , as it's true and lawful Agent and Attorney In Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bond and undertakings in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation,and specifically for the following described bond. Principal: Brittania Enterprises,Inc. Obligee: City of Ashland Public Work Department Bond Amount: 5%of Total Amount Bid The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize, The President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the Hanle of the Company, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 25th day of April , 2019 . 1i 1 t ��,,,„, �jp`fi`C�.,, RI.I Insurance Company `r.:*ow oft.%'.. SEAL ft By. ',6,•p ((J. -1 State of Illinois •,''•........ Barton W.Davis r Vice President County of Peoria in,,,"" CERTIFICATE On this 25th day of April ,,, 2019 , before me, a Notary Public, 1,the undersigned officer of personally appeared Barton W.Davis , who being by me $ duly sworn, acknowledged that he signed the above Power of Attorney as the RLI Insurance Company Power o ny aforesaid officer of the RLI Insurance C,omnanv do hereby certify that the attached Power of Attorney is in full force and acknowledged said instrument to be the voluntary act and deed of said and effect and is irrevocable;and furthermore, that the Resolution of 1 corporation. the Company as set forth in the Power of Attorney,is now in force. In testimony whereof,I have hereunto set my hand and the seal of the 3 RI.I Insurance Company i i � ��t �� t� this 25th day of April , 2019 . By: t1G'IIi[ Wu'L qfilkAllt. i Gretchen L.Johnigk Notary Public RLI Insurance Company It I i 1 • 1'1'1..,' GRETCHEN L JOH IG I $ N K : Y • i OFFICIAL SEAL' Jean M.St-rh;nson Corporate Secretary j • it`i 1N as My eommis,bn Expires . r. May 26.zvzo . A000681'1_SUBS_BID • • OREGON SECRETARY OF STATE HOME 110- Corporation Division business information center business name search oregon business guide referral list business registrylrenewal formslfees notary public uniform commercial code uniform commercial code search documents&data services Business Name Search 05-22-2019 New Search Printer Friendly Business Entity Data 12:34 Entity Entity Jurisdiction Type Status 445203-85 DBC ACT OREGON 02-28-1995 02-28-2020 BRITTANIA ENTERPRISES, INC. New Search Printer Friendly Associated Names PRINCIPAL PLACE OF PPB BUSINESS 5800 S PACIFIC HWY PHOENIX OR 97535 ITED STATES OF AMERICA Please click here for general information about registered agents and service of process. AGT REGISTERED AGENT 02-28 1995 ANDREW I [EDWARDS I L 5800 S PACIFIC HWY PHOENIX (OR 197535 1 'UNITED STATES OF AMERICA AL(MAILING ADDRESS 5800 S PACIFIC HWY PHOENIX OR 97535 ITED STATES OF AMERICA PRE PRESIDENT ANDREW 1 'EDWARDS I 1 5800 S PACIFIC HWY ca PHOENIX (OR (97535 I I 'UNITED STATES OF AMERICA SEC (SECRETARY 1 ' ANDREW 1 'EDWARDS I I 5800 S PACIFIC HWY w Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review,and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Brittania Enterprises Inc.sediment removal contract ' ontract L!t 61' 1 f - - %r z ,� J , / (Include names of parties to the document) Type of Document: Contract U Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other(Specify) Dept Contact: Tam'De Mille-Campos ACTION REQUESTED: Dept: Public Works Phone: Ext 2420 0 Review Draft Date submitted to Legal: 05/02/2019 ❑ Approve final and forward to: Draft due by: ASAP (Unless indicated, Legal will return document to you] Return Requested by: Tami De Mille-Campos Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? • No ❑ Yes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: iyet 5 7,1 imp.,.., By: ��66^ USE ONLY Returned to Dept. for Revision Date: By: ''�� Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: - Z 1% `% ^, • I ® /DOM'Y1� E(MM A�o CERTIFICATE OF LIABILITY INSURANCE DATE 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 CONTACT Larry Thompson / NAME: Brown&Brown Northwest PHONE (541)772-1111 I(A/C,No): FAX (541)772-3785 (A/C,No,E,d); 3256 Hillcrest Park Drive E-MAIL Ihompson@bbnw.com ADDRESS: INSURER(S)AFFORDING COVERAGE MAID# Medford OR 97504 INSURERA: Ohio Security Insurance Co 24082 INSURED INSURER B: Ohio Casualty Insurance Co 24074 Brittania Enterprises Inc INSURER C: SAIF Corporation 36196 5800 S Pacific Hwy INSURER D: INSURER E: Phoenix OR 97535-9605 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1922561540 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 DOCUMENTWTH 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. ILTR TYPE OF INSURANCE AOULSUBH POLICYEFF POLICYEXP INSD WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDWYYY) LIMITS X COMMERCIAL GENERAL LNBIUTY EACH OCCURRENCE $ 1,000,000 DAMAGE CO HEN 16U 1,000,000 CLAIMS-MADE © OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15.000 A BKS55473990 03/05/2019 03/05/2020 PERSONAL SADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY © 2T-F. I LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: Schedule Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAS55473990 03/05/2019 03/05/2020 BODILY INJURY(Per accident) $ — AUTOS ONLY AUTOS -_ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) Uninsured motorist S 1,000,000 UMBRELLA ""•••"••6EUWEACE - 1,000,000 X X OCCUR EACH OCCURRENCE _ $ B EXCESS UAB CLAIMS-MADE USO55473990 03/05/2019 03/05/2020 AGGREGATE 5 1,000,000 DED I XI RETENTION$ 10,000 $ WORKERS COMPENSATION PER I OTH- AND EMPLOYERS'LIABIUTY Y/N STATUTE ER CANYPROPRIETORIPARTNER/EXECUTIVE Y N/A 966409 07/01/2018 07/01/2018 EL EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In and EL DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is inquired) Re:Project No.2017-18,East&West ForkAshland Greek Impoundsments Maintenance Dredging. General Liability policy includes additional insured coverage on a primary&noncontributory basis&wavier of subrogation per endorsement CG 88 10 04/13(attached),where required by written contract This form is subject to policy terms conditions&exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Ashland its officers,employees&agents ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St. AUTHORIZED REPRESENTATIVE // Ashland OR 9520 L. G-�,C...g ie' I 7 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD r • COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE ® NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew, 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1'. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 • b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for ° damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- & tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises s that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily ° occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION a If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I-Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization Is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or"property damage" occurring after. ° (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- , sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members Of you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you — acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. E = No person or organization is an insured with respect to the conduct of any current or past partnership, joint $ venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". 0 N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID East & West Fork Ashland Creek Impoundments Maintenance Dredging Project No: 2017-18 ISSUE DATE: March 27, 2019 BIDS DUE:April 25,2019 Not later than 2:00 PM Late bids will not be considered Bid opening on same day shortly after submittal deadline REFER QUESTIONS TO: SUBMIT BIDS TO: Kaylea Kathol, Public Works Project Manager Kaylea Kathol Phone: 541-488-5587 20 East Main St Email: kaylea.kathol @ashland.or.us Ashland, OR, 9520 PRE-BID CONFERENCE:There will a mandatory pre-bid conference at on April 11, 2019, 10:00 AM in the Siskiyou Room (51 Winburn Way, Ashland, OR 97504). An optional site visit will follow. 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. SPECIFIED PRODUCTS 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 3. SUBMITTALS 11 4. MEASUREMENT AND PAYMENT 12 5. PRE BID MEETING 12 BID FORM 13 CONTRACT FORM 15 ERROR! REFERENCE SOURCE NOT FOUND.:ERROR!REFERENCE SOURCE NOT FOUND. East&West Fork Ashland Creek Project No.2017-18 Page 2 of 21 Impoundments Maintenance Dredging CITY OF ASHLAND INVITATION TO BID EAST&WEST FORK ASHLAND CREEK IMPOUNDMENTS MAINTENANCE DREDGING Notice is hereby given that sealed bids for Project Number 2017-18: East&West Fork Ashland Creek Impoundments Maintenance Dredging,shall be received by Kaylea Kathol, Public Works Project Manager,20 E Main (by mail)/51 Winburn Way(in person),Ashland,OR 97520. Sealed bids must be submitted not later than 2:00 PM,Pacific Time, on April 25,2019. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building,visible from the public lobby. Bids received prior to the deadline will be publicly opened and read aloud shortly thereafter in the Siskiyou Room of the Community Development a Building located at 51 Winburn Way. The outside of the sealed envelope must clearly marked with the bidder's name,address, bid name and number, and the due date. Bidder must submit one original bid. Please retain a copy for your records. The Work shall consist of supplying all labor, Equipment and materials necessary to remove approximately 2160 cubic yards (CY)of accumulated sediments from an impoundment on West Fork Ashland Creek,and approximately 1440 CY of accumulated sediments from an impoundment on East Fork Ashland Creek. Work will also include establishing water bypass systems to divert water around both impoundments, installing sediment and erosion control BMPs, hauling spoils to an agency-provided disposal location, providing temporary erosion and sediment control at spoils disposal site,and restoring project site upon completion of work. Locations of work include the East and West Forks of Ashland Creek,just upstream of Reeder Reservoir, approximately 3 miles south of Ashland, Oregon. Work is scheduled to begin not earlier than July 1,2019 and must conclude not later than September 15, 2019. Interested parties may access Bid Documents, notices and addenda on the Oregon Procurement Information Network(http://orpin.oreRon.Rov). A mandatory pre-bid meeting will be held on April 11,2019 at 10:00 AM at the Siskiyou Room (51 Winburn Way,Ashland,OR 97504). 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: East&West Fork Ashland Creek Project No.2017-18 Page 3 of 21 Impoundments Maintenance Dredging a ' 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.Rov 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. East&West Fork Ashland Creek Project No.2017-18 Page 4 of 21 Impoundments 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. FILING FEES:Applicable state laws concerning prevailing wages, hour,workers compensation of and other conditions of employment are called to the attention of Bidders for their compliance. Bidder shall include in the bid any filing fees required to comply with applicable labor laws. 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. SPECIFIED PRODUCTS 5.1. BID PRODUCTS IDENTIFIED:Bids must be based upon use of items named in the specifications,or approved equals or substitutions. Requests for approval of equals or substitutions must be made in writing and received by Owner at least 10 days prior to the bid submission deadline. 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. East&West Fork Ashland Creek Project No.2017-18 Page 5 of 21 Impoundments Maintenance Dredging p CITY 01 ASHLAND 7.3. PROHIBITED FORMS OF BID:Receipt of bids and bid modifications by any email,facsimile,telephone, other electronic means,or orally will not be considered. 7.4. WITHDRAWL OF BID:Any bid may be withdrawn at any time prior to the bid submittal deadline by providing written request to the Project Manager established on the cover page of the Invitation to Bid. The Bidder or a duly authorized representative must execute the request. Withdrawal of a bid will not prejudice the right of the bidder to file a new bid. All bids shall be irrevocable for 30 calendar days from the day of opening. 7.5. MODIFICATION OF BID:After a Bidder has withdrawn its bid as established in the paragraph above, a Bidder may revise its bid if the Agency receives the revised bid on the required Bid Form prior to the bid submission deadline in a properly marked and sealed envelope. 7.6. CLARIFICATION/PROTEST:Any Bidder requiring clarification or protesting any of the Specifications must provide specific requests in writing to the Project Manager established on the cover page of this ITB no less than 10 calendar days prior to the bid submittal deadline. Such requests, if deemed appropriate, will be answered in the form of bulletins or addenda which, if issued,will be provided to all known bidders via email or will be posted to the website(s) hosting the!TB. 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. East&West Fork Ashland Creek Project No.2017-18 Page 6 of 21 Impoundments Maintenance Dredging • CITY Or r ASHLAND 9.3. CANCELLATION OF AWARD:The City reserves the right to cancel award of the contract at any time before execution of the contract(s)by both parties if cancellation is deemed to be the City's best interest. In no event shall the City have any liability for the cancellation of award.The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its bid. 9.4. CONTRACT EXTENSION: In the event more than thirty(30)calendar days lapse between the bid opening date and the date the contract is submitted to the bidder,the City may grant an extension of time to the bidder for fulfillment of the contract to offset any delay in the contract actually occasioned by the delay. 9.5. PROTEST OF AWARD:All protests must be in writing and physically received by the Project Manager no later than 4:00 P.M.on the third (3rd)working day after the postmarked notice of intent to award or disqualification. Proposers may protest only deviations from laws,rules, regulations,or procedures. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. Protests not filed within the time specified or which fall to cite the specific law,rule, regulation,or procedure upon which the protest is based shall be dismissed. East&West Fork Ashland Creek Project No.2017-18 Page 7 of 21 Impoundments 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. Project Site: The geographical dimensions of the real property on which the Work is to be performed,including designated contiguous staging areas. Work: The furnishing of all Materials,Equipment, labor,and incidentals necessary to successfully complete any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the Contract. 2. Business License Required The successful Bidder shall,prior to starting Work,obtain a City of Ashland Business License. Subcontractors on the Project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. 3. Contractor's Insurance and Indemnity Contractor shall,at its own expense,at all times during the term of this agreement maintain in force: Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers General Liability insurance with a combined single limit,or the equivalent,of not less than$2,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than$1,000,000 for each accident for Bodily Injury and Property Damage,including coverage for owned, hired or non-owned vehicles,as applicable. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurer(s)to the City. The City of Ashland, its officers,employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any Work under this agreement.These certificates shall contain provision that East&West Fork Ashland Creek Project No.2017-18 Page 8 of 21 Impoundments Maintenance Dredging i CITY OF ASH LAN D 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)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. East&West Fork Ashland Creek Project No.2017-18 Page 9 of 21 Impoundments Maintenance Dredging CITY OF ASHLAND SPECIAL PROVISIONS • EAST&WEST FORK ASHLAND CREEK IMPOUNDMENTS MAINTENANCE DREDGING 1. Background The City of Ashland owns and operates two small impoundments, each less than 0.5 acres in surface area,on the East and West Forks of Ashland Creek,just upstream of Reeder Reservoir. The impoundments provide an auxiliary(emergency)source of raw municipal water for the City. Coarse sandy sediments accumulate in the impoundments and must be removed periodically to ensure long-term functionality. The City estimates that 3600 CY of sediment has accumulated in both impoundments combined since the last maintenance event in 2016. 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 and shown in the supporting documents (Exhibit A). Specific tasks for each impoundment include: A. Mobilize B. Furnish and install a bypass system to isolate worksite from flowing water. C. Remove 3600 CY of accumulated sediment(approximately 2160 CY from West Fork impoundment and 1440 CY from East Fork Impoundment),or as approved by Project Manager. D. Haul spoils to Agency-provided disposal area, 9 miles. E. Install sediment fencing then grade and hydroseed disposal area to stabilize spoils. F. Restore disturbed work site to pre-existing conditions,including removal of all dewatering components, sediment fence,and other debris generated by work 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, 2019. 4. Implementation 1. Retain onsite,and be familiar with the terms 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. Provide a minimum of 10 days' notice prior to mobilization 3. Previous bypass activities have successfully used an 18"corrugated metal pipe to bypass stream flows 4. Equipment operating inside the impoundments must utilize biodegradable hydraulic fluids(aka"eco fluids") as opposed to standard petroleum based hydraulic fluids East&West Fork Ashland Creek Project No.2017-18 Page 10 of 21 Impoundments Maintenance Dredging CITY OF ASHLAND 5. Saturated spoils must be allowed to dewater prior hauled in sealed dump truck beds to minimize leakage of sediments during transport. 6. Spoils Disposal a. Haul spoils to Agency-Provided Site,located at 555 Emigrant Creek Road,Ashland,OR,97520 (Ashland Gun Club) b. Install sediment fence as shown in Exhibit B c. Spread or grade as directed in designated locations 7. Stabilize spoils with permanent hydroseeding. At a minimum,apply seed,mulch,fertilizer,and tackifier in accordance with any approved method provided in Section 01030.48 of the Oregon Department of Transportation (ODOT)2018 Standard Specifications for Construction. Use the following seed mix: •i r Festuca occidentalis(Western Fescue) 50 470 0.42(16.5 oz.) Agropyron spicatum(Bluebunch Wheatgrass) 100 4,056 3.62(143 oz.) Bromus marginatus(Mountain Brome) 75 6,085 5.43(214 oz.) Sitanion hystrix(Squirrel-tail Grass) 50 1,575 1.40(55.5 oz.) Poa Sandbergii(Sandberg Bluegrass) 75 533 0.47(18.8 oz.) Elymus trachycaulus(Slender wheatgrass) 50 1,983 1.80(70.0 oz.) Festuca ovina(Sheep Fescue) 100 872 0.78(31.0 oz.) ,.- 8. Remove and dispose of all debris and waste material generated by Work furnished under this contract. Contractor will transport debris and waste material offsite and legally dispose of them daily. 9. Remove sediment fence after grass seed germination. 5. Scope Exclusions 1. Drawdown—The City will drain impoundments prior to start of work 2. Turbidity monitoring-The City will furnish all labor, materials,and Equipment necessary to perform turbidity monitoring,as stipulated in the Oregon Department of Environmental Quality 401 Certification included in the US Army Corps of Engineers Nation Wide Permit. 3. Submittals 1. Submit sequence of Work for City review and approval within 14 days of Notice to Proceed. East&West Fork Ashland Creek Project No.2017-18 Page 11 of 21 impoundments Maintenance Dredging CITY OF ASHLAND 4. Measurement and Payment Quantities of work performed under this contract will be measured according to the following: 1. Mobilize—lump sum 2. Dewatering—lump sum 3. Excavation—measured by truckload(see Hauling),paid by cubic yard 4. Sediment Fence measured by length, paid by linear foot (upon removal) 5. Hauling—measured by truckload(counting will occur at disposal site),paid by cubic yard 6. Grading—measured by truckload hauled, paid by cubic yard 7. Hydroseeding—measured by area,paid by acre 5. 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. East&West Fork Ashland Creek Project No.2017-18 Page 12 of 21 Impoundments Maintenance Dredging • ` CITY OF ASH LAN D BID FORM Project No: 2017-18 Bid Title: East&West Fork Ashland Creek Impoundments 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 I the above-referenced Project for the following Total Bid amount: it t a ,. "� 'Yom, 1 e y'�� 1 S.M",.yrr'F.i, i":qt:Fta;AczrcrT" s != v..w.. 1 Mobilize 1 LS $ $ 2 Dewatering—piping,sandbags,etc. 1 LS $ $ 3 Excavate sediment 3600 CY $ $ 4 Sediment Fence(paid upon removal) 900 LF $ $ 5 Haul sediment to disposal site 3600 CY $ $ 6 Grade spoils 3600 CY $ $ 6 Final stabilization/hydroseeding 2 AC $ $ TOTAL BID: $ I 1. The undersigned Bidder proposes and agrees if this bid is accept ed 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 East&West Fork Ashland Creek Project No.2017-18 Page 13 of 21 Impoundments Maintenance Dredging • CITY OF ASHLAND there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time,materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: Name(Printed): Title: Date: East&West Fork Ashland Creek Project No.2017-18 Page 14 of 21 Impoundments Maintenance Dredging CITY OF ASHLAND CONTRACT FORM East&West Fork Ashland Creek Project No.2017-18 Page 15 of 21 Impoundments Maintenance Dredging GOODS & SERVICES AGREEMENT CITY OF PROVIDER: �S 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. East&West Fork Ashland Creek Project No.2017-18 Page 16 of 21 Impoundments 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 disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when em to ed by Provider. Prov ider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$XXXXXX (could be hourly rate or lump sum amount)as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$XXXXX (this is maximum, not to exceed amount of entire Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 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. East&West Fork Ashland Creek Project No.2017-18 Page 17 of 21 Impoundments Maintenance Dredging 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes, lockouts, accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written XXXXXX(Request for Proposals, etc. dated XXXXX. • The Provider's complete written XXXXXX dated XXXXXX. 5. REMEDIES 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. East&West Fork Ashland Creek Project No.2017-18 Page 18 of 21 Impoundments Maintenance Dredging 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until XXXXXXXX, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—XXXXXX Department Attn: 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. East&West Fork Ashland Creek Project No.201748 Page 19 of 21 Impoundments Maintenance Dredging 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: XXXXXXXXXXXXXXXXX(PROVIDER): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) East&West Fork Ashland Creek Project No.2017-18 Page 20 of 21 Impoundments Maintenance Dredging • APPROVED AS TO FORM: Assistant City Attorney Date East&West Fork Ashland Creek Project No.2017-18 Page 21 of 21 Impoundments Maintenance Dredging • • )r+ t' f ,, t . ) r..,/,- /,' / a Tarp I1 ' 1 �- °�S 1 ` {I �1 � , t ,) - n r ��I \ 1'�r'r •���. {,t t s "'/'I 1 r;i1 .,:;',.;1." r/f� i, I l -.r r _ _ ,•�_ _ �.I \ , fl;-",'-r •' ,..* __...-:,:::76. i ) _. ,, i .,..,.-, ...., .._„15:41.- .77 ,,. ....,, v!..,. _ -- . . fl t a �i I -V -�1, ■.\ 4% aij • u,ID sari , x" i l 111 J ,I a 4(, i t trri .••a t , . , i . too . _ �� t( i r\ ��4tit t,c` ��, 1/ r��j(;\‘'t,,' 'ti$�Vi�'_ � �,. / \,l)\\ � \l''�..,1; ) pr, } r \ ., 4' „�\,. 8 ,? - �'` , ', \ 1.+ ..' \\ + . lr _ r '�--�- \\ .( 'c.- 'I. :. •),' Jt--- tom"' .. 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' .. .mss G, - : !CROSS SECT10NS, EAST-FO RK•• •. — — — : : ca ! , . ! _._ ' ` —,lalri#:P�err�iit-Akppti- #-i4n�; .,.,... .. • te ,� ,,,•• : ita#ena��- , . 1 . .i r }:: `�i LFY iLiV i , I- ; • I : I 7 ••. j,.. t. _ _ _:.... ..,._____ " f : 1 �i I. _. __— _.w 7 , , ... ....:.. __-....,_.. ... .._.._—__._..____ dirt ti3 . .4:.„,4,,..j.:"_:„0 W.11,_0,;.•_-414,'7I;-I.,......0.....-1.,.....,„,,..=.-4.‘,0-...4.,.:.,-0/.,";.:10,1;,14......%1.0w.... t ;. _ __ __.—.ice_.; , :—6. 2o.�i1`aL Sccl _ --• ...... .. SPOILS DISPOSAL SITE � s LITHIA SPRINGS PROPERTY % '` ,- ASHLAND GUN CLUB) �. ., 555 EMIGRANT CREEK RD 0^58 Acre (25,383 SF)., ASHLAND, OR 97504 I � : 0.07{ ,rg(2,990 SF _ _ ' 14citlair# f EAST& WEST FORK " . ° _ - » ASHLAND CREEK IMPOUNDMENTS ,_ _ _ - - ' ' Y/ MAINTENANCE DREDGING ` ;� x �, - `��4ti ms `s «a: # y PROJECT NO 2017-18 - * . ,, ,f• , k • �0:81 Acre (35 ;, ,gyp_. . ",s x y y \\" • . . (r Ashland^� •R \ } . M. m _ :_tai rte— .- x iW '. ' y 9raqt Cr ` , 4 Ashland c ` �s� i •eur�ce iEsn�,a\D gigl@lol a @eaEy 1 7( phi CNE lAitbus r a •`� = i D'S;iIJS�DA, U'SGS+'AEX,G tma o r�'(i-j o ad„[!( ,IGP,- w�s�sGo••o,and = . '.the GIS User Cornmuni r . r Sd� F Sediment Disposal Site (.\ y���a �., 0 500 1,000 al, mil. .... Feet --,_%„, , ' Legend -- - - Disposal Route , N Unpaved Access Route Impoundments s Spoils Disposal Sites Sources:Esri,HERE,DeLorme,USES,Intermap, ,,,",,'" Sediment Fence INCREMENT P,NRCan,Esri Japan, METI,Esri China 0 0.5 1 2 Miles (Hong Kong),Esri Korea,Esri(Thailand),Mapmylndia, Tax Lot III IN NGCC,0 OpenStreetMap contributors,and the GIS User Community E a. f7 ( Purchase Order ,la Fiscal Year 2019 Page: 1 of: 1 B City of Ashland 'rte. .. � .3 n , a ,-1 1,1 . 1 1 -L',I P I ATTN: Accounts Payable Purchase L 20 E.L Ashland, OR 97520 Order# 20190532 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H CIO Public Works Department E BRITTANIA ENTERPRISES INC I 51 Winburn Way N 5300 S PACIFIC HWY p Ashland, OR 97520 O PHOENIX, OR 97535 Phone: 541/488-5347 R T Fax: 541/488-6006 Paula Brown 06/18/2019 3669 FOB ASHLAND OR/NET30 Cit Accounts Pa able Sediment Maintenance 1 Sediment maintenance in East and West Fork Impoundments 1 $92,377.1900 $92,377.19 Goods &Services Agreement(greater than $25,000.00) Completion date: 10/31/2019 Project Account: E-201817-999 Project Account: E-201817-999 ****** * * GL SUMMARY*************** 081500-704200 $23,094.30 083800 -704200 $69,282.89 B kw W Date: 6 P-0/ — - - -- Authorized Signature d Tata = _ $92 377.19 c),( ,._e_. ,..-d-- (of t tuf.j.,-,-.° A. • FORM #3 CITY OF ASHLAND A request for z , � 05/03/2019 REQUISITION ( Date of request: Vendor Name Brittania Enterprises,Inc. Address,City,State,Zip 5800 S.Pacific Hwy.Phoenix,OR 97535 Contact Name Andrew Edwards Telephone Number 541-261-2522 Email address SOURCING METHOD El Exempt from Competitive Bidding ❑ Invitation ❑ Emergency nvitation to Bid ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached 11 Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement p Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency y DI (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency _ ❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. ❑ Special Procurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K CI Form#9,Request for Approval City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached Annual cost to City exceeds$25,000,Council Date approved by Council: III Annual Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Sediment maintenance in East and West Fork Impoundments $ 92,377.19 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 0 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 2018-17 _ - - Account Number 083800 - 704200 $ 69,282.89- - - — — Project Number 201 8-1 7 — — Account Number 081500 . 704200 $ 23,094.30 - — — Project Number _ _ Account Number - $IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,f certify that the City's public contracting requirements have been satisfied. IT Director Date��Supporf-Yes/No Employee:`9cJY \O D V�I Y Department Head: L/,..`.. : A 7iiii zO i ,r4,' (Equal to o q �►n$5,000) Department Manager/Supervisor: City Administrator: at�LA..- .406,4■■ (Equal to or greater than' ,000) Funds appropriated for current fiscal year: CiR/ NO t r /L �, -+ hall IS / I. ( ' 0i p Ih. F1:1/e Director-(Equal to or greater than$5,000) Date Comments: lJ Form#3-Requisition