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HomeMy WebLinkAbout2019-245 20200152 KOGAP Enterprises 4 IMPROVEMENT AGREEMENT PROVIDER: KOGAP Enterprises, Inc. CITY OF PROVIDER'S CONTACT: Frank McEhleran -1S"LAN D 20 East Main Street ADDRESS: 115 W. Stewart Avenue, #202 Ashland, Oregon 97520 Medford, Oregon 97501 Telephone: 541/488-5587 Fax: 5411488-6006 PHONE: (541) 261-5491 This Improvement Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and KOGAP Enterprises, Inc., a domestic business corporation ("hereinafter "Provider"), for the North Main Refuge Island Improvements, Public Works Project #2018-03. 1. PROVIDER'S OBLIGATIONS 1.1 Provide North Main Refuge Island Improvements for Public Works Project #2018-03 as more fully set forth in the "SUPPORTING DOCUMENTS" which are attached hereto and, by this reference, incorporated herein. Provider expressly acknowlddges 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; j • 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 Page I of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. Y • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement, Provider shall ensure that each of its subcontractors complies with these requirements. 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.I10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Provider agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. Provider acknowledges that the provisions of ORS 279C.800 to ORS 279C.870.relating to workers on public works projects shall be included in the any such 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), Provider agrees to comply with the Davis-Bacon Act requirements. Provider agrees to be bound by and will comply with the provisions of ORS 279C.838 and 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137- 049-0200(1)(a)(7)]. 1.7 Provider certifies that it is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $79,500.00 (seventy-nine thousand and five hundred dollars) 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 $79,500.00 (seventy-nine thousand and five hundred dollars) 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. Page 2 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279C.505, ORS 279C.510, ORS 279C.515, ORS 279C.520, ORS 279C.530, ORS 279C.540. 3.7 Provider shall make payment promptly, as due, to all persons supplying to the Provider labor or material for the performance of the Work under this Agreement. Provider shall pay all contributions or amounts due to the Industrial Accident Fund from the Provider incurred in the performance of this Agreement. Provider shall not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished pursuant to this Agreement. Provider shall pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 3.8 By executing this Agreement, Provider certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this Agreement. For the purposes of this Agreement, a "Qualifying Employee Drug-testing Program" shall include all of the following requirements: 3.8.1 A written employee drug-testing policy; 3.8.2 Required drug testing for all new employees or alternatively, required testing of all employees every 12 months on a random selection basis; and 3.8.3 Required testing of as employee when the Provider has reasonable cause to believe the employee is under the influence of drugs. 3.9 Hours of Labor/Overtime limitations. 3.9.1 Pursuant to ORS 279C.520, no person maybe employed for more than ten (10) hours in anyone day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: a. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. Page 3 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. r I 3.9.2 Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. I 3.9.3 At or before the commencement of the Work, Provider shall give notice in writing to its employees or by posting, of the number of hours and days per week the employees may be required to work. 3.10 Medical Care. Pursuant to ORS 279C.530(1), Provider shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident. to sickness or injury, to the employees of Provider, of all sums that the Provider agrees to pay for the services and all moneys and sums that the Provider collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 3.11 If Provider fails, neglects or refuses to pay promptly a person's claim for labor or services that the person provides to Provider or a subcontractor in connection with.this Agreement as the claim becomes due, the City may pay the amount of the claim to the person that provides the labor or services and charge the amount of the payment against funds due or to become due to Provider by reason of this Agreement. 3.12 If Provider or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with this Agreement within 30 days after receiving payment from the City or the Provider, the Provider or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived. V 3.13 If Provider or a subcontractor. fails, neglects or refuses to pay a person that provides labor or materials in connection with this Agreement, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 3.14 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. 3.15 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. 3.16 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. i Page 4 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. 3.17 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, I 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. 3.18 All deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for any Goods provided hereunder. Provider is responsible and liable for loss or damage until final inspection and acceptance of such goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.19 Inspection and acceptance of all Work required under this Agreement shall be performed by the City. Provider shall be advised of the acceptance or of any deficiencies in the Work and shall promptly cure any deficiencies. 3.20 Provider represents and warrants that any goods provided 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 issue June 12, 2019. • The Provider's complete written Bid for Project No. 2018-03 dated July 11, 2019. • Seven pages of final, signed Construction Plans entitled the "N. Main Refuge Island Improvement Plan" dated April 17, 2019. 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; $.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. I 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until September 30, 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. Page 5 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. l 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: Brad Barber 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, Oregon 97520 Phone: (541) 488-5350 If to Provider: KOGAP Enterprises, Inc. Attn: Frank McEhleran 115 W. Stewart Ave., #202 Medford, Oregon 97501 I 8. WAIVER OF BREACH j One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) ' All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 6 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: KOGAP ENTE SES INC. (PROVIDER): sy~ sy: City Ad trator Signature 4VA r 6~4 oT(4,%/ .T4 r-k Printed Name Printed Name G~ G Crt~~~ 49A-`Z Vag 09ckf-L. Date Title 6 Z~q Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney 41 % G" K -f Da e Page 7 of 7: Agreement between the City of Ashland and KOGAP Enterprises, Inc. i r i r Supporting document CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID North Main Refuge Island Improvements Project No: 2018-03 ISSUE DATE: June 12, 2019 BIDS DUE: July 11, 2019 Not later than 2:00 PM Late bids will not be considered Bid opening immediately after submittal deadline REFER QUESTIONS TO: SUBMIT BIDS TO: Brad Barber, Public Works IProject Manager City of Ashland Engineering, c/o Brad Barber Phone: 541-552-2416 20 East Main St Email: brad.barber@ashiand.or.us Ashland, OR, 9520 • - I PRE-BID MEETING: There will a mandatory pre-bid meeting on June 26, 2019, on-site at 10:00 AM. Bids will be rejected from Bidder's who do not attend the mandatory pre-bid conference. i CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 CITY OF AXSHLAND CONTENTS INVITATION TO BID 3 INSTRUCTION TO BIDDERS ..................................................................................................................................................4 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK .....................................................................................4 2. BID DOCUMENTS................................... I I 4 3. PREPERATION OF BIDS ....................................................................................................................................................4 4. BID PRICES ......................................................................................................................................................................5 S. SPECIFIED PRODUCTS .....................................................................................................................................................5 6. BIDGUARANTY ...............................................................................................................................................................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 PRE-QUALIFICATION REQUIRED ........................................................................................................................8 4. CONTRACTORS INSURANCE AND INDEMNITY ............................................................................................................................8 Primary Coverage ...............................................................................................................................................................9 Indemnification 9 S. HOURS OF LABOR ................................................................................................................................................................9 6. PREVAILING WAGE ..............................................................................................................................................................9 SPECIAL PROVISIONS ..........................................................................................................................................................10 1. SCOPE OF WORK 10 2. GENERAL NOTES 10 3. SUBMITTALS 11 4. MEASUREMENT AND PAYMENT 11 5. PREBID MEETING 11 BID FORM ..........................................................................................................................................................................12 CONTRACT FORM ...............................................................................................................................................................14 North Main Refuge Island Project No. 2018-03 Page 2 of 19 Improvements t > CITY OF -ASH LAN D INVITATION TO BID NORTH MAIN REFUGE ISLAND IMPROVEMENTS Notice is hereby given that sealed bids for Project Number 2018-03: North Main Refuge Island Improvements, shall be received by Brad Barber, Public Works Project Manager, 20 E Main (by mail) or 51 Winburn Way (in person), Ashland, OR 97520. Sealed bids must be submitted not later than 2:00 PM, Pacific Time, on July 11, 2019. Bids received after the deadline will be rejected. The official time for determining whether a bid has been submitted in a timely manner is based on the time clock in the Community Development Building, visible from the public lobby. Bids received prior to the deadline will be publicly opened and read aloud shortly thereafter in the Siskiyou Room of the Community Development Building located at 51 Winburn Way. The outside of the sealed envelope must be clearly marked with the bidder's name, address, bid name and project number, and the due date. Bidder must submit one original bid. The Work shall consist of supplying all labor, Equipment and materials necessary to remove curb/gutter, asphalt, striping and the construction of a raised median island, installation of asphalt, striping and electrical work. Work is scheduled to begin not earlier than July 31, 2019 and must conclude not later than September 30, 2019. A mandatory pre-bid meeting will be held on June 26, 2019 at 10:00 AM on-site at the intersection of N. Main St and Hwy 99. The 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. i Scott A. Fleury Deputy Public Works Director North Main Refuge Island Project No. 2018-03 Page 3 of 19 Improvements 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 mandatory Pre- Bid Meeting and walk-through, as indicated in the Invitation to Bid, existing conditions should be examined. 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: Brad Barber, Project Manager , City of Ashland Engineering Department 3. PREPERATION OF BIDS 3.1. Complete Bid Form: Bidders must submit bids on the Bid Form provided by the City. The name, address, Oregon State Contractors 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. FIII in Blanks: All blank spaces on the Bid From must be filled in by the Bidder. Bidder must submit a bid amountfor all Alternates, Additives, Deductions, unit prices and other prices Indicated on the Bid Form. When bidding on items forwhich 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. ACKNOWILDEGE ADDENDA: Bidders shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form. North Main Refuge Island Project No. 2018-03 Page 4 of 19 Improvements CITY or 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 lump sum 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. S. 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 afterthe 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, project number, bid opening date and time, and the name and address of Bidder. I North Main Refuge Island Project No. 2018-03 Page 5 of 19 Improvements CITY OF -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 priorto 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 priorto the bid submission deadline in a properly marked and sealed envelope. 7.6. CLARIFICATION/PROTEST: Any Bidder requiring clarification or protesting any of the Specifications must provide specific requests in writing to the Project Manager established on the cover page of this ITB no less than 10 calendar days prior to the bid submittal deadline. Such requests, If deemed appropriate, will be answered in the form of bulletins or addenda which, if issued, will be provided to all known bidders via email or will be posted to the website(s) hosting the ITB. 7.7. ADDENDA: The Project Manager shall Issue addendum no later than 5 calendar days prior to the bid submittal deadline. Any addenda so issued will become a part of the agreement. Addenda will be posted to the City's webslte at: www.ashland.or.us/RFP.asp. 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 City has the right to reject any or all bids when it is in the public interest to do so per ORS 279B.100(1). If, in the best interests of the City, work history reference checks may be completed on all bidders. Unfavorable references may be cause for bid rejection. 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. North Main Refuge Island Project No. 2018-03 Page 6 of 19 Improvements CITY OF ASHLAND 9.2. AWARD OF ADDITIVES, ALTERNATES, and DEDUCTIVES: The low bid shall be determined by the sum of the Base Bid, plus any combination of Additives, Alternatives, and/or Deductives the City decides, in its sole discretion, to include in the contract award. 9.3. CANCELLATION OF AWARD: The City reserves the right to cancel award of the contract at any time before execution of the contract(s) by both parties if cancellation is deemed to be the City's best interest. In no event shall the City have any liability for the cancellation of award. The Bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its bid. 9.4. CONTRACT EXTENSION: In the event more than thirty (30) calendar days lapse between the bid opening date and the date the contract is submitted to the bidder, the City may grant an extension of time to the bidder for fulfillment of the contract to offset any delay in the contract actually occasioned by the delay. 9.5. PROTEST OF AWARD: All protests must be in writing and physically received by the Project Manager no later than 4:00 P.M. on the seventh (7th) working day after the postmarked notice of intent to award or disqualification. Proposers may protest only deviations from laws, rules, regulations, or procedures. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. Protests not filed within the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based shall be dismissed. f North Main Refuge Island Project No. 2018-03 Page 7 of 19 Improvements CITY or ..ASHLAND I 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. Proiect: The sum of all Work to be performed under the Contract. Proiect Manager: The City of Ashland's representative who directly supervises the engineering and administration of a Contract. Proiect 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 Prequalification Required All Contractors and sub-Contractors performing work in the public right-of-way, whether under contract or by permit, must have an approved and current Contractor's Prequalifiication form on file with the Public Works Department of the City of Ashland at least five (5) days prior to bid opening. The contractor must be preapproved to perform the work for which they are bidding/applying before a contract will be entered into or a permit will be issued. 4. 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 $2,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. North Main Refuge Island Project No. 2018-03 Page 8 of 19 Improvements CITY or ASHLAND Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. The City of Ashland, Its officers, employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any Work under this agreement. These certificates shall contain provision that coverage afforded under the policies 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. 5. 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 the City of Ashland are 7:00 AM to 4:30 PM,. Monday through Friday, excluding holidays. 6. 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),lbidder 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)(1)j. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: htto://www.oregon.gov/boll/WHD/PWR/Pages/owr state.asox. North Main Refuge Island Project No. 2018-03 Page 9 of 19 Improvements C I T Y OF ASHLAND SPECIAL PROVISIONS NORTH MAIN REFUGE ISLAND IMPROVEMENTS 1. 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 project plans. I All construction shall conform to the standards and specifications of the ODOT/APWA 2018 Oregon Standard Specifications for construction as amended by the City, the Uniform Plumbing Code, Electrical Code, Oregon DEC! and Oregon Health Division. This project includes the following tasks, with estimated quantities (contractor to verify quantities). This list is not comprehendsive, refer to the project plans for additional tasks required. Removal of approximately 200 lineal feet of concrete curb Removal of approximately 2100 square feet of asphalt Preparation/installation of approximately 75 tons of HMAC Boring of approximately 200 lineal feet of electrical conduit Preparation/installation of approximately 40 lineal feet of concrete curb for island nose Purchase/installation of light pole/base/junction boxes Installation of new striping and stop bar 2. General Notes The Contractor shall verify all utilities in potential conflict areas prior to construction and notify the Engineer immediately if any conflicts occur. Contractor to obtain all applicable permits prior to construction. The contractor shall notify the City of Ashland Engineering Department immediately upon identifying potential problems or discrepancies with plans, staking location/elevation or other design elements. Contractor shall be responsible to clean and/or maintain existing public streets of soil or other debris deposited by construction operations and repair all streets or damage by construction operations in a timely manner to avoid inconveniences or hazards to the public. It is the Contractor's responsibility to set all existing and new manhole covers, valve cans or boxes to finish grade after paving, in accordance with the City of Ashland Engineering Department. The Contractor shall arrange a pre-construction meeting at least 48 hours prior to the start of construction. Meeting shall include: Contractor, the Engineer, City of Ashland Engineering Dept. and ODOT. The Contractor shall notify the following at least 48 hours in advance of any work: Kim Parducci P.E. 541-941-4148 City of Ashland Engineering 541-488-5347 Oregon Utilities Council 1-800-332-2344 ODOT 541-774-6360 All survey monuments are to be protected in-place or replaced per O.R.S. requirements at the Contractor's expense. North Main Refuge Island Project No, 2018-03 Page 10 of 19 Improvements CITY OF -ASH LAN D All Utility work shall conform to the Utility companies' standards. Contractorto provide ODOT approved traffic control plan, all traffic control set-up, devices and certified flaggers for the traffic control throughout construction as well as City force work. The Contractor shall maintain continuous traffic flow at all times. 3. Submittals 1. Submit construction schedule and ODOT approved traffic control plan for City review and approval within 14 calendar days of contract execution. 4. Measurement and Payment Quantities of work performed under this contract will be measured according to the following: 1. Mobilize/demobilize-lump sum 2. Traffic Control - lump sum 3. Erosion and sediment control - lump sum 4. Sawcut and remove AC, curb, striping, pole base and meter boxes-lump sum 5. Asphalt and base preparation - lump sum 6. Curb with RPM complete-lump sum 7. Signing and striping complete-lump sum 8. Conduit, light base, pull boxes and boring- lump sum 9. Light pole w/free light fixture complete - lump sum S. Prebid 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. i i I North Main Refuge Island Project No. 201"3 Page 11 of 19 Improvements I CITY OF ASHLAND BID FORM Project No: 2018-03 Bid Title: North Main Refuge Island Improvements Bidder Name: Ore. CCB No. Bidder Address: Bidder Contact: Contact Telephone: Contact Email: Pursuant to an In compliance with the Bid Documents, the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: lteln '15r~scrOT'Ibp{; 4tY' Yl[i sUn~t t9st eid pmb0l ~t 1,e `Sk tisc+u. 'v cs }`d'3 v.. a 44~ 1'~"v~-k`~s`~at.t °`s*!s' ~ryv~ ~f mby .Y a ry r'a-^'-`s. Lr` f+,Qi'4 :.s~W ,N., Mobilize/Demobilize 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Erosion/sediment control 1 LS $ $ 4 Sawcut and remove AC, curb, striping, 1 LS $ $ pole base and meter boxes 5 Asphalt and base prep 1 LS $ $ 6 Curb with RPM complete 1 LS $ $ 7 Signing and striping complete 1 LS $ $ B Conduit, light base, pull boxes and boring 1 LS $ $ 9 Light pole w/free light fixture complete 1 LS $ $ TOTAL BID: $ 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents (Invitation to Bid, Instructions, General Conditions, Special Provisions, Contract Form, and Exhibits) to complete all Work as specified or indicated in the Bid Documents for the Contract Price, Within the Contract Time indicated in this Bid, and in accordance with the Bid Documents. North Main Refuge Island Project No. 2018-03 Page 12 of 19 Improvements CRY OF ASHLAND 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, Equipment, and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of "Extra Work" for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time, materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner, the City of Ashland, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No, dated Addendum No. dated Addendum No. dated d Addendum No. dated Signature of Bidder: Name (Printed): Title: i i Date: North Main Refuge Island Project No. 2018-03 Page 13 of 19 Improvements CIiY OF ASHLAND CONTRACT FORM (SAMPLE) North Main Refuge Island Project No. 2018-03 Page 14 of 19 Improvements •I I GOODS & SERVICES AGREEMENT CITY OF PROVIDER ASHLAND 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 a domesti0 < gtv '.;bne ilescnpttori;iZf goods. grid seivtcesj. lzusiness;cq potation ("hereinafter "Provider"), for( . 1. PROVIDER'S OBLIGATIONS . 1.1 Provide more? detailed;: description>of'°.goods: and: seryees 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 fast 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. North Maln Refuge Island Project No. 2018-03 Page 15 of 19 Improvements 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 wider 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 $7? X3C'(could lie'hoiirly'rate,or, ump suits airiotiant) 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 trader this Agreement exceed the sum of $ XX':.t}ns;is :waxmmm' :not:to exceed.a count o :entire _Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. North Main Refuge Island Project No. 2018-03 Page 16 of 19 Improvements i I n ~ 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 X}CX(RegueSt:oi Proposals; etc: dated . • The Provider's complete written dated . 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 North Main Refuge Island Project No. 2018-03 Page 17 of 19 Improvements 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 94=n 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 - XXXXXXX Department Attn: 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: Prov~ders:name Attn: XXX XXXXXXX 8. WAIVER Or 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; North Main Refuge Island Project No. 2018-03 Page 18 of 19 Improvements (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 tite 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. i IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: (PROVIDER): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: I Assistant City Attorney Date I North Main Refuge Island Project No. 2018-03 Page 19 of 19 Improvements CITY OF ASHLAND BID FORM Project No: 2018-03 I Bid Title: North Main Refuge Island Improvements i ..Bidder Name: KOGAP Enterprises, Inc. Ore. ccB No. 93497 BidderAddress: 115 W. Stewart Ave. #202, Medford OR 97501 Biddercontact: Frank McEhleran Contact Telephone: 541-261-5491 ContactEmall: fmm(o)-kogap.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: 1~ J w...q;u e3,~ i 0 ~i. 'S' :,~y. t ~`{at iR{''{?i~K•s_i' Iii.S•.~jjl•.S + S V fir; ~.y , J! s.- Jy.. ~ '10 r} 'a"'4 .•q }~s. qT+r„}4tiVt) Tt" 1wA OI~A(~}f 1~;,S!' 4IiYa~^- ~Y a ~blkw k13 $~SIG,k-j,'tsk7SS y~'G.ii'i $HCi4 N i4 j~v"ulfi ~s.l S rrr_ k X 1 sld4:3} I~r/ r . s.l - t2 i Ei .Yd l 3}n q it~Xyp4~ r~:l 1 Moblllze/Demoblllze 1 'S $17,000,00 $17,000.00 2 Traffic Control 1 s $ 1,100.00 $ 1,100.00 3 Erasion/sediment control 1 11 $ 500.00 $ 500.00 4 Sawcut and remove AC, curb, striping, 1 LS $ $ pole base and meter boxes 5,400.00 5,400.00 S Asphalt and base prep 1 L' $ 7,500.00 $ 7,500.00 i 6 Curb with RPM complete 1 LS $ 2,000.00 $ 2,000.00 7 Signing and striping complete 1 LS $ 3,000.00 $ 3,000.00 8 Conduit, light base, pull boxes and boring i LS $ 33,000.00 $ 33,000.00 9 Light pole w/free light fixture complete 1 LS $10,000.00 $10,000.00 TOTAL BID: $ 79,500.00 j' 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. j I I Narth Main Refuge Island Project No. 2016-03 Page 12 of 19 Improvements I I I~ I CITY OF ASHLAND 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, Equlpment, and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an Increase in the amount of Work covered by the lump sum price, It shall be computed on a basis of "Extra Work" for which an increase in payment will have been earned and If there Is to be a decrease In the lump sum payment, it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time, materials, Equipment or service which may appear In the specifications, Is forthe 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: A/ Name (Printed): Edward Istel Title: Vice President of Development Date: 07/1112019 North Main Refuge Island Project No. 2018-03 Page 13 of 19 Improvements N. MAIN REFUGE ISLAND IMPROVEMENT PLAN 0 50 SCALE 1' = W a Mq/HST SHEET INDEX Cl COVER SHEET 199 C2 DEMO PLAN ~iS1J. C3 SITE & STRIPING PLAN C4 ELECTRICAL PLAN CS-7 DETAILS GENERAL NOTES GENERAL NOTES TALENT VICINITY MAP 1. ALL CONSLRUf.TION SHALL CONFORM 70 THE STANDARDS AND SPECIFICATIONS 10. THE CONTRACTOR EMAIL ARRANOR A PA[CONSIMUCIION MERFING AT LEAST 48 HIMSELF. THE OF THE OD%/AP►A 2010 OREGON STANDARD 9P[CffICATKIN9 FOR MILE PRIOR TO THE ENGINEER. AND THE CITY START 01FA9CONSTRUCTION HLAND ENGINEERING CONSTRUCTION AS AMENDED BY THE CRY, THE UNIFORM PLUMBING CODE. ` LLECTRICAL CODE, DEQ, AND OREGON HEALTH DIVISION. 11. WORK ACTIVITIES SNAIL BE CONFINED To NORMAL WORKING HOURS (700 A.M. 8. THE CONTRACTOR SHALL VERIFY ALL UTILITIES IN POTENTIAL CONFLICT AREAS 70 4:30 P.M - MONDAY THROUGH FRIDAY) PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY IF ANY 12. ALL SURTRY MONUMENTS ARE TO BE PROTECTED IN-PLACE OR REPLACED PER CONFLICTS OCCUR. O.R.S. REQUIREMENTS AT THR CONTRACTORS REPINEE. 9. CONTRACTOR TO OBTAIN ALL APPLCABIE PERMITS PRIOR TO CONSTRUCTION. 19. ALL UTILITY WORK SHALL CONFORM TO THE UTILITY COMPANIES STANDARDS. C" ~IPROJECT 4. CONTRACTOR SNAIL BE RESPONSIBLE 7O HER R1CLEAR 3 L4 DEPOSITED ON CONSTRUCTION ®GRIfN ION C 14 THE CONTRACTOR SMALL NOTIFY THE CITY OP ASHLAND ENGINEERING DIVISION PUBLIC STRERf9 SOIL OTHER III OPERATIONS ALL STREETS OR DAMAGE BED CONSTRUCTION AND REPAIR TO OR NT NCES HAZARDS OOQS STAKING UPON R6NTR17N0 POTENTIAL HER DEB OR DISCREPANCIES WITH r r Ix. IEIRNTB ~t4 OPERATIONS IN A TIMELY MANNER TO AYOm INCONVENIENCES ON R NATARD3 TO PLANE. . BTAIIRNO IOGTION/IIEVATION, OR R OTHER DESIGN ELEMENTS. THE PUBLIC. 16. THE CONTRACTOR SHAD. MAINTAIN CONTINUOUS TRAFFIC FLOW AT ALL TIMES. 6. IT WILL BE THE CONTRACTOR'S RESPONSOHITY TO EST ALL EXISTING AND N NEW MANHOLE COVERS, VALVE CANS, BOXES TO FINISH GRADE AFTER PAVING, le. ALL LAYOUT TO BE DONE BY PROFESSIONAL LAND SURVEYOR IN ACCORDANCE WITH CRY OF ASHLAND ENGINEERING DEPT. 17. CONTRACTOR TO PROVIDE ODOT APPROVED TRAFFIC CONTROL PLAN, ALL 6. All, REFERENCE TO ENGINEER MEANS: lag PARDUCCI PE 611-841-4I46 TRAFFIC CONTROL SETUP, DEVICES, AND C[RiRRD ►IAGGERS FOR TRAFFIC . THE CONTRACTOR SHALL NOTIFY THE FOLL~WRG 46 IRS IN ADVANCE OF ANY CONTROL FOR CONSTRUCTION FOR CITY FORCE WORK AND CONTRACTOR WORE. x.79 7 . WORK. CABLE KIM ARDUCCI PA 641-041-4148 CONTACTS ( CHARTER CITY Of ASHLAND ENO. 541-488-6547 02SOFTUTH H GRAD GRAPE COMMUNICATIONS 826 SO ^a y~ OREGON UTILITIES COORDINATING COUNCIL 1- 0-332-23" MNDPOR O 97501 72 %601 6Po O~ ODOT 641-774-036(1 S7AEETS/BTORM/SANRARYAVATER t~ Wf CITY OF ASHLAND 6{I-PA2- 541-Z82-11572 ~S GI1f2tA/p pp~~ 6. ALL RACKFU L MATERIAL SNAIL BE OBTAINED A FROM A SOURCE PRDYBO 61 WDRIgW WAY PHONE °Z 3(! OP \_f1\+ BY CITY RY Or OF ASHLAND ENGINEERING LL NOT VARDEPT. AND THE PROJECT ENGINEER. 64194X6. OREGON %620 ~yH MATERIAL SOURCE SHALL NOT VARY THROUGHOUT FOB CONSTRUCTION. 641-468-6347 192 7.4TH 3IRE6'I 8. CLAM 'B' BACKFN. MATERIAL SHAH. BE 9'-0 CRUSHED ROCK PER ODOT STD 1®PoRD. OREGON 87601 OR o0N 541-776-82541-776-8290 SPECIFICATIONS SECTION 02630 FOR ALL AREAS UNDER PAVEMENT OR IN THE A RIGHT OF WAY. BACMLL MATERIAL TO BE PLACED IN MAXIMUM LIES OF 6' AVIATA U711I71L4 IDLY p►RO AND SHALL BE COMPACTED MY MECHANICAL MEANS TO 86% OF MAXIMUM DRY GAVE TYGER90N (ELECTRICAL) 641-668-8368 600 BUSINESS PARK DRIVE DENSITY IN ACCORDANCE WITH ASI'11 D-686 PROCEDURE lOR THE IMFDRD. OREGON 87604 °EF9 I N DETERMINATION OF 100% RELATIVE MARLMUM DENSITY 0 GRANULAR MATKI A19. BILL MNER (PARKS) 541-486-6340 641-660-4798 IQ SAWOUTANOBEMOVE MlsTNG AC. InInG, AND CUBSTO CUNNE WSPMEOFMAWHg WANAPPSGVEDl1N:AT CAUNON,EM VNGCUMMYCUNMM IEAD PANT. TAKE APPSOPAAIEGAPEIYME US \ NOTE: i WSTM0S 11ROTODEREMOVED4 MSNV lMEON ISMDSECDON. Y Q2 INAPPflOYEO PFMPRMDTNOPOLEBrSE SIGN, METEfl BO)®,ANODISPOSE LOCATpN. CM EIECDYG OFPT. TO SALVAGE F%IB1 W 6 NOHT PDIE. \ t ' IMIGA NAT EOFLW0.5GAPEMATESW.AND MWGADON PEAtOVAI/NEPARNIMWLM61FA (PMXG DEPT.) 0 20 SCAIE V m 9 ~b 2 Q 9AN00IADT STNPINO TO SE SEMOVE0. CIEMVPAN00L"FO9E OFMATEWALINANMPSOVED LOGDON. t ~ 2 I \ ~a p *'q'_ 144Y \ G I DEMO e /RIY PAa m CONSTRUCTION NOTES O CONSTRUCT RAISED MEDIAN ISLAND NOSE PER OREGON STD DWG RD 707 OPTION'S' E-7'FULL HEIGHT E-2 AT NOSE MATCH EXISTING STRIPING SHY DISTANCE. \ DEPRESSED NOSE, (9) P.P.M. 1' YELLOW BIDIRECTIONAL MARKER TYPE 1 REFLECTOR, EXISTING CURB (1) ISLAND SIGN AS NOTED, \ RETROREFLECTIVE SOLID YELLOW CURB EXISTING STRIPE ISLAND SIGN \ O2 S' LEVEL 2 DENSE HMAC WITH 12 OF }-0 R4-7 (18 X 2.) CRUSHED ROCK COMPACTED TO tOD% i '666222 RPM MSHTO T-LBO. 1 1~ INSTALL STRIPING METHOD AS: NON-PROFILED EXTRUDED OR SPAYED MARKINGS 2.65 .c> I I Q INSTALL STOP BAR 1SEACH LEG \ 2 1 / 0 20 TORCH APPLIED TYPE B THERMOPLASTIC SCALE 1' - 20' b ~ 1 EXISTING STRIPE \ EXISTING STRIPE \ 19.87 \ 11.0 MIN. 1991 1"w ti o 6 O1N:e I~ \ SITE 8 STRIP<NZwLAN 2 / VGd;~ K a w ~ ~RLY PAP niiw CONSTRUCTION NOTES O INSTALL 2- PVC ELECTRICAL CONDUIT. ALL LINES TO BE BORED UNLESS WITHIN EXISTING ISLAND. PULL ROPES TO DE INSTALLED PER DETAIL O2 REMOVE EXISTING JUNCTION BOX i LL l I O INSTALL OLLDTCARKED'PRECAST TINDPP PULL BOX I141910BSOR 0 20 LEAVE W EXPOSURE TO FINISH GRADE. SCALE 1' - 20 O INSTALL LIGHT AND POLE, 20.0' STEEL AMERON POLE W(SINGLE ARM I CREE LIGHT FIXTURE, SEE DETAIL SHEET. PRECAST BASE S-LB, LEAVE G 'EXPOSURE. O HAND DIG SPLICE PIT AS NEEDED TO SPLICE ELECTRICAL LINE, 3 ELECTRICAL NOTES 1. CONTRACTOR TO PROVIDE ALL BORING, TRENCHING, BOXES, \ -i 0, LF LIGHT POLES AND LIGHTS. LOCATE AND TERMINATE EXISTING ELECTRICAL, AND IRRIGATION LINES. 2 2. CONTRACTOR TO SET NEW LIGHT POLE, COA TO CONNECT. 3. ALL WORK TO BE COORDINATED WITH COA ELECTRICAL AND PARKS \ DEPARTMENTS. \ ALL CONDUITS TO BE INSPECTED BY CITY OF ASHLAND ELECTRICAL BEFORE BURY. I 2 MINIMUM DEPTH 30' FOR ALL ELECTRICAL CONDUITS. \ BELOW FINISH GRADE. DAVE TYGERSON (ELECTRICAL) 841-052-2380 121E BILL MILER (PARKS) 541488W40 i, LF 207 LF\\ \ ,,,b PxeelJ j0 ~'tJ~ \ G" • I y 8 ELECTRICAL PLAN \ tisT \ ~L~ 3 oats N e..ro IL, ~RGY PAR~~ EXISTING LIGHT owl ~ TO O REMAIN j- XSPZTM NW IIDYti WI-IM.,~(non-(,pr. T TA ORO.(ATIb! _.w _ •~.w.troC,.n.ownswew mow+ AF _ WIM: 'i I CREE* DEfAI S Ir', m; - it ~ II I I~ CREE. XSP Serlss • "D SEna UPhE PID9DI,Y PW i~ PADMOU non AS SHOWN S SHOWN ON Q4 .P,iA»«rM r,d"In SKETCH Amw RIW CROSSING Al SIDE IMPORTANT 6AFEOUAR06 MSTALLAn011 NS1NIKlld1, SECONDARY ! PUBLIC C R/W SIOE(SIREE» n».... , a a. w.ga...,... » ,...a..M rEA< T READ / IDGNON AS READ AND FOLLOW ALL fAEETV INSTRUCTIONS L SIADIM/ ON SNETCHi i_ 1 ww4e N,YM,IYlrr4rirn a,w..,r.»«,»4ni"ar".•N - ~ i +w•v~.-arYV"w„nM WMrrW ri-.lwwwl.r. T ~ L~ bKEfpl iAVE 7HEbE INSTRUCTIONS FOR FUTURE REFERENCE EgypU~E Sy~~p~ T~ NIURE SERVICES ~R 7786 TO INSTALL: 3' SCH 40 PVC PREWIE IDT SIDE PRIVATE LOT SIDE Q 4 PONT MOUNT INSTALLATION -STREET UCNT CABLE 1A.1710N i 40: P .~h.w,a.•rarM COMMON TRENCH PLAN VIEW AF APVtACAetE , w n.. u"a...l...,v w. uiox I wl. m r....rM..Im•.w•., ha..e.«+roWe„ 10' PUE QTY PIN Ine-xrp aar, Y»N„pp"» X76' M IB--~I FVMML MADE .p,M• nIM pry Y,. M✓r leR"wrWN MpPLy •lAl ,liv l: ~ 7. T _ nW.n:D rraM ha,1, 0• 1S• S.ND iwoaru.~ w-NOr. tw. M W.W. SEELECTING Q /V II" ~e .~w6v..uw...-✓Jilwnr~"IaN • NA%M ~ SHOW IVAMO ELECTING R CAS CAS - Jfi 36" F APPT UCHf CABLE LDGIION awn pr.rr., ..u, rrh•r4r "P - PPoMARV PoIIFH 5 - SECONDWY Powft K APPL,Y.4NE ...A,.hwr~a»n "T- TELEPHONE C-CABLE C-GAS me,...c...ere" m •V YAWPr~ 91 ~ wr, • fNC/C7L 70 K PIKE Of LARGE OR SFNRP BOGIES ~i • SANG WSW ROSS THROUGH A NO. 10 SIEVE FRAME ww rlid: »a^, .GRAK TO BE MMW IR OE FIML BEFORE URUIY PIACEMfNT •INSTALL PULL 11IE..S00LB STRENGTH MENDING 6' EACH END OF CONCERT •aArK MH U7XN[5 USING DITCH FOR REOURED BAU70IL -it SHARED UTILITY TRENCH REV 01104 (NOT TO SW O CRGL~ CLSHLAND C~~ ..M.BiA.~a ORKUeA GMNtiboNG CD974a DETAILS crave I~BI'IE, 4-LB 15-LB-ASHLAND rr~ aeuc jjm i III, y I 4WrotlNlvTNV r~ wrrouraonb i 'SAND ourwvrm am v ^w i I rF X NOTES I Y NR ~ r[ 1~ NWl s rM1lfm mlrK b vtt Of Y641C rtNpep[ N lr[ ~ ~ rr+. w : ' U NRa s mangy NNL N: iGmoo b 11MI1 - .w N w~+ w~wti~w A~ oqucr aK N od ar even. ' eeOY m ffebq m > evert Nru IWR v.vNO e1Mn r Im Rw If d WRII ~ a« ~ - w ee Ww~® ila. JUNCTION BOX DETAIL 41E 16-LEASHLAND 4-L8 1 6111-11LAND ©OIdCaANA Precast mpaaaa•...NO PRECAST FOOTING r R PUBLIC WORKS EN DINE ERINO °a'r1O' MJgwveaMNNNeev. CITY OF ASHLAND AMnI - YNM - Ryw Nrer s..N s.+N. CD981 upvrwN. r~eeawaaN ~ aseetiAw.ee I r I i 1 DETAILS xa ac~~cE auo It•, BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) KOGAP Enterprises, Inc. Travelers Casualty and Surety Company of America 115 W. Stewart Ave. #202 One Tower Square Medford, OR 97501 Hartford, CT 06183 OWNER: (Name, legal status and address) City of Ashland 20 E Main St. Ashland, OR 97520 BOND AMOUNT: Five Percent of Total Amount Bid (5%) PROJECT: (Name, location or address, and Project number, if anv) North Main Refuge Island Improvements Project # 2018-03 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition 1 Signed and sealed this 28th day of June 2019 KOGAP pri es, Inc. , G (Principal) (Seal) (Witness) (Title) Travelers Casualty and Surety Company of America (Surety) E Nagel (Seal) Attorney-In-Fact (Witness) Amanda C. Webb (Title) ~I II The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, 2010 edition 2 Document A312 TM -2010 Payment Bond Bond No. 107140493 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) KOGAP Enterprises, Inc. Travelers Casualty and Surety Company of America 115 W. Stewart Ave. #202, Medford, OR 97501 One Tower Square, Hartford, CT 06183 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City of Ashland Any singular reference to 20 E Main St. Contractor, Surety, Owner or Ashland, OR 97520 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date: 08/26/19 combines two separate bonds, a Amount: $79,500.00 Performance Bond and a Seventy-Nine Thousand Five Hundred and No/100 Dollars Payment Bond, into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. North Main Refuge Island Improvements, Public Works Project #20 18-03 BOND Date: 08/28/2019 (Not earlier than Construction Contract Date) Amount: $79,500.00 Seventy-Nine Thousand Five Hundred and No/100 Dollars Modifications to this Bond: m None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) KOGAP Enterprises, Inc. ATravelers Casualty an urety Company of America Signature: Signor Name V I NJ 4PiC_Y c)6t_L- Name Emily Na I, Attorne 'n-Fact and Title: P2E s1-bUQr and Title: (Any additional signatures appear on the last page of this payment Bond.) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Brown & Brown Northwest (Architect, Engineer or other party:) 2701 NW Vaughn St. Suite 340 Portland, OR 97210 AIA Document A3121" - 2010. The American Institute of Architects. This document was created on under the terms of Init. AIA Documents-on-Demand TM order no. , and is not for resale. This document is licensed by The American Institute of Architects for 5 one-time use only, and may not be reproduced prior to its completion. 061"Jo § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfv a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations'under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A3121" - 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08.23 under the terms of Init. AM Documents-on-Demand TO order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 6 one-time use only, and may not be reproduced prior to its completion. § 10 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to snake payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TI - 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandT" order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 7 one-time use only, and may not be reproduced prior to its completion. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: it (Space is provided below lbr additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312T" - 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand T" order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 8 one-time use only, and may not be reproduced prior to its completion. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Emily Nagel of PORTLAND Oregon , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. cow a M1IRIFWiD ~ CD~'OIWI o0w State of Connecticut / By: City of Hartford ss. Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J NOTARY ~ My Commission expires the 30th day of June, 2021 * •j rusLic Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Trave!ers Casuak and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Pov:ar of Attorney executed by said Companies, which remains in full force and effect. Dated this 28th day of August 2019 r~~y~ eJ„~~. NOS wwrroro 6 HARrR canauet IL cow c - com 4~ Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fad and the details of the bond to which this Power of Attorney is attached. Document A312 TM iR, -2010 Performance Bond Bond No. 107140493 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) KOGAP Enterprises, Inc. Travelers Casualty and Surety Company of America 115 W. Stewart Ave. #202, Medford, OR 97501 One Tower Square, Hartford, CT 06183 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City of Ashland Any singular reference to 20 E Main St. Contractor, Surety, Owner or Ashland, OR 97520 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date: 08/26/19 combines two separate bonds, a Performance Bond and a Amount: $79,500.00 Seventy-Nine Thousand Five Hundred and No/100 Dollars Payment Bond, into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. North Main Refuge Island Improvements, Public Works Project #20 18-03 BOND Date: 08/28/2019 (Not earlier than Construction Contract Date) Amount: $79,500.00 Seventy-Nine Thousand Five Hundred and No/100 Dollars Modifications to this Bond: © None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) KOGAP Enterprises, Inc. Travelers Casualty a Surety Company of America Signature: Signature: Name fy-~/~ 1Q "C-V-t,t.)F:z LL Name Emily Nag torn y- -Fact and Title: ~(1E5(~E1Jrt- and Title: (Any additional signatures appear on the last page gjthis Performance Bon . (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Brown & Brown Northwest 2701 NW Vaughn St. Suite 340 Portland, OR 97210 AIA Document A312 TI - 2010. The American Institute of Architects. This document was created on under the terms of Init. AIA Documents-on-Demand TM order no. , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. 061010 I § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors: § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A3121" - 2010. The American Institute of Architects. This document was created on 09/2012010 16:08:23 under the terms of AIA Documents-on-Demand'" order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 2 one-time use only, and may not be reproduced prior to its completion. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A3121" - 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand W order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 3 one-time use only, and may not be reproduced prior to its completion. § 16 Modifications to this bond are as follows: (Space is provided helotir Jor additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A31211 - 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand TM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 4 one-time use only, and may not be reproduced prior to its completion. r Travelers Casualty and Surety Company of America eA. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Emily Nagel of PORTLAND Oregon , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. ,IV AV. cow CONN. State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY S My Commission expires the 30th day of June, 2021 . 'j r"E`"Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 28th day of August 2019 0, ~e .,1~ COWL cam. ♦s Kevin E Hucthes, Asst tant Secretary To verify the authenticity of this Power of Attorney ,,please caii us at 1-800-421-3886. Please refer to the above-named Attorney-in-fact and the details of the bond to which this Power of Attorney is attached. Travelers Casualty and Surety Company of America /A. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Emily Nagel of PORTLAND Oregon , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. r,y6 Wqy~ 4'Jyttt NNO •L!. it COWL R INNiFORD, , Q7~01K cow elp State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IT,eHO k' IN WITNESS WHEREOF, I hereunto set my hand and official seal. on expires the 30th day of June, 2021 * *j U My Commissi Anna P. Nowik, Notary Public ~This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 28th day of June 2019 ~~~ty~ 'Jett ~NQ •G eM* -41% M NARTFM. , CONN. CON_ - - ~ Kevin E. Hughes. Assi.-tart c'Aeorefary To verify the authenticity of this Power of Attorney, please call us at 1-800-411-3880. Please refer to the above-named Attorney-in-fad and the details of the bond to which this Power ofAttamey is attached. l ® F DATE (MM/DD/YYYY) ~~oRO CERTIFICATE OF LIABILITY INSURANCE 8/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Northwest NAMEACT Susan Wilson 3256 Hillcrest Park Drive No Ext)~ 541-494-2658 Fvc No): 541-494-2758 Medford, OR 97504 E-MAIL ADDRESS: swilson bbnw.com INSURER(S) AFFORDING COVERAGE NAIC # www.bbnw.com INSURER A: American States Insurance Company 19704 INSURED INSURER B : Travelers Casualty and Surety Co America 31194 KO ap Enterprises, Inc. INSURER C: Westchester Fire Insurance Company 10030 115 W. Stewart Ave, Suite 202 Medford OR 97501 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 50786746 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INS. WVD POLICY NUMBER MM/DD/YYYV MMIDD/YYYY LIMITS LTR A / COMMERCIAL GENERAL LIABILITY ✓ / 010168337270 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ✓ OCCUR PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F-] JERCOT F✓ LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 010187585730 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ✓ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UM/UIM Liability $1,00o'000 A UMBRELLALIAB V OCCUR 01SLJ42715280 4/1/2019 4/1/2020 EACH OCCURRENCE $10000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED ✓ RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y I N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B SOLI Bond (Statutory) 104657918 1/1/2019 1/1/2020 Limit: $30,000 C Employment Practices Liability G27433121006 4/1/2019 4/1/2020 Limit: $1,000,000/$2,000,000 Aggregate A Leased/Rented Equipment 010168337270 4/1/2019 4/1/2020 Limit: $100,000 Deduct: $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: North Main Refuge Island Improvements General Liability includes Additional Insured Coverage including Per Project Aggregate and Waiver of Subrogation when required by written contract per attached endorsement CG76350207. Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and its elected officials, officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE 1~ /1 Susan Wilson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD sn'/86'/a6 1002602 119-20 GI,/Auto Cert I Susan Wilson 18/26/2019 2:35:38 PM (PDT) I Page 1 of s ,a COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED - BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP 50706746 1 002602 1 19-20 GL/Auto Cart I Susan Wilson 1 0/26/2019 2:35:30 PM (PDT) i Page 2 of 5 (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- endorsement, no liability would be imposed by law on ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or ~I Page 2 of 4 ~2r.ias 302EO2 I _O 20 cL/A._, c. c a._leo:: f/;.Ei2o19 :3538 I'm (_UT) I any other person, organization or entity, for WHO IS AN INSURED - MANAGERS , repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS -COVERAGES A (3) Property loaned to you; AND B - BAIL BONDS - TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you. A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS - HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6, of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the and of the policy period. Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire Exclusion a. of COVERAGE A (Section I) is replaced , while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended The Damage To Premises Rented To You limit is the from the standpoint of the insured. This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 76 35 02 07 Page 3 01 4 EP 50]06746 ~ 002602 1 19-20 GL/Auto Ceit i Susan Wilson 1 8/26/2019 2:35:38 PM (POT) ~ Page 4 of 5 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion 111) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 sO78C/I( 0026oz f 15 20 ci,/A.to C-- u: an 2:as:a8 PM (2DL) I Pdge s oe , Client#: 176711 KOGAENTE1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Therese Pritchett Propel Insurance PHONE 541 4947744 FAX 866 577-132_6_ E : A/C, No A/C, No, xt Medford Workers Compensation E-MAIL SS: therese.pritchett@Propelinsurance.com P O Box 936 INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 INSURER ASAIF Corporation 36196 INSURED INSURER B : KOGAP Enterprises, Inc. INSURER C 115 W Stewart Ave., Ste 202 INSURER D Medford, OR 97501 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ~ OCCUR PREMISESa oocurrDence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY F_~ JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 754670 10101/2018 10/01/201 X PER IER OTH-STAT AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ~ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: North Main Refuge Island Improvements CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE 1 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of l The ACORD name and logo are registered marks of ACORD #S3773858/M3685242 LAH00 This page has been left blank intentionally. I Business Registry Business Name Search Neer Search Business Entity Data 07-17-2019 10:46 Entity Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 053514-16 DBC ACT OREGON 04-12-1954 04-12-2020 Entity Name KOGAP ENTERPRISES, INC. Foreign Name Neil Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 115 STEWART AVE Addr 2 SUITE 202 CSZ MEDFORD R 97501 Country UNITED STATES OF AMERICA Please click berg for general information abort registered agents and service ofprocess. Type AG REGISTERED AGENT Start Date 04-28- Resign Date 2005 Name MARVIN HACKWELL Addr 1 115 STEWART AVE Addr 2 SUITE 202 CSZ MEDFORD OR 97501 Country UNITED STATES OF AMERICA Type MAL MAILING ADDRESS Addr 1 115 W STEWAKY AVE Addr 2 SUITE 202 CSZ MEDFORD OR 97501 Country UNITED STATES OF AMERICA Type PRE PRESIDENT Resign Date Name MARVIN HACKWELL Addr 1 802 RIDGEWAY AVE Addr 2 CSZ CENTRAL OR 97502 Country UNITED STATES OF AMERICA POINT Type SEC SECRETARY Resign Date Name ANN P ISTEL Addr 1 1512 E MAIN ST Addr 2 CSZ MEDFORD OR 97501 Country UNITED STAPES OF AMERICA I New Search Name History Business Entity Name Nam Name Start End Date Type Status Date KOGAP ENTERPRISES, INC. EN CUR 04-25-1996 KOGAP MANUFACTURING CO. EN PRE 04-12-1954 04-25-1996 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Available Action Date Date Status Change Dissolved By MENDED ANNUAL 04-24-2019 FI PORT MENDED ANNUAL 03-01-2018 FI REPORT MENDED ANNUAL 02-27-2017 FI PORT MENDED ANNUA REPORT 03-02-2016 FI MENDED ANNUAL REPORT 03-02-2015 FI MENDED ANNUAL 02-26-2014 FI REPORT ANNUAL REPORT 04-08-2013 SYS PAYMENT MNDMT TO ANNUAL RPT/INFO 04-30-2012 FI STATEMENT ANNUAL REPORT 04-06-2012 SYS PAYMENT ANNUAL REPORT 03-15-2011 SYS PAYMENT ANNUAL REPORT 04-06-2010 SYS PAYMENT ANNUAL REPORT 03-20-2009 SYS PAYMENT ANNUAL REPORT 03-18-2008 SYS PAYMENT ANNUAL REPORT 04-05-2007 SYS PAYMENT ANNUAL REPORT 03-24-2006 SYS PAYMENT CHANGE OF REGISTERED 04-28-2005 FI Agent GENT/ADDRES S MNDMT TO ANNUAL RPT/INFO 04-28-2005 FI STATEMENT ANNUAL REPORT 03-17-2005 SYS PAYMENT ANNUAL REPORT 03-16-2004 SYS PAYMENT ANNUAL REPORT 02-28-2003 02-27- SYS PAYMENT 2003 CHANGE OF REGISTERED 10-08-2002 Fl Agent GENT/ADDRESS MNDMT TO ANNUAL RPT/INFO 10-08-2002 FI STATEMENT ANNUAL REPORT 03-08-2002 SYS PAYMENT ANNUAL REPORT 04-05-2001 SYS AYMENT CHANGE OF REGISTERED 03-15-2001 Fl Agent GENT/ADDRES S CHANGED 04-03-2000 FI RENEWAL STRAIGHT 03-28-2000 FI RENEWAL STRAIGHT 03 RENEWAL -16-1999 Fl MENDED 04-28-1998 Fl NEWAL GENT/AUTH REP 04-28-1998 FI CHNG MENDED 04-02-1997 Fl RENEWAL ENTITY NAME 04-25-1996 FI CHANGE STRAIGHT 04-03-1996 FI RENEWAL MENDED 04-12-1995 Fl RENEWAL MENDED 03-10-1994 FI RENEWAL i r MENDED 04-14-1993 FI RENEWAL GENVAUTH REP 03-23-1993 FI CHNG STRAIGHT 04-03-1992 FI RENEWAL GENVAUTH REP 04-08-1991 FI CHNG AMENDED 04-08-1991 FI RENEWAL STRAIGHT 03-01-1990 FI RENEWAL ENDED 03-08-1989 FI RENEWAL STRAIGHT 03-09-1988 FI RENEWAL STRAIGHT 03-10-1987 FI RENEWAL STRAIGHT 03-07-1986 FI RENEWAL STRAIGHT 02-27-1985 FI RENEWAL STRAIGHT 03-15-1984 FI [RENEWAL © 2019 Oregon Secretary of State. All Rights Reserved. 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: KOGAP Enterprises agreement (Include names of parties to the document) Type of Document: Contract 4m] Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other (Specify) _ Dept Contact: Tami De Mire-Campos ACTION REQUESTED: Dept: Public Works Phone: Ext 2420 ❑ Review Draft Date submitted to Legal: 07l17l2019 ❑ Approve final and fonvard to: Draft due by: ASAP (Unless indicated, Legal wdl return doczane;tt to y0,0 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: By: 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: 7 / By:/`` fi Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: See Attached. 1 -7- Return original executed document to city Does this document need to be recorded? Recorder for safekeeping? El No Yes ~ No El Yes ? CITY ADMINISTRATOR) DEP RTMENT HEAD Please do not sign the attached document until this for bee t;,approved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Dater' 2 G.Ategal\DEPARTNIE.NTS\Contracting\FOR_,NIS\Legal Doc Transmittal- KLB.doex • CITY OF ASHLAND July 17, 2019 To: Purchasing Project File From: Kevin Caldwell Engineering Project Manager II RE: Invitation to Bid N. Main Refuge Island Improvements Project #2018-03 On June 12, 2019 1 sent the ITB for the above-mentioned project to the following prospective bidders, with their responses (if any): 1. Kogap Enterprises No response to email, attended pre-bid 2. Pilot Rock Excavation No response, no pre-bid attendance 3. West Coast Pipeline Attempted to get prequalified for work No pre-bid attendance 4. Knife River No response, no pre-bid attendance 5. Ledford Construction Respond that they're not available No pre-bid attendance The City held a mandatory pre-bid meeting (as stated in the ITB) on June 26, 2019. Kogap Enterprises was the only company that attended, as such Kogap Enterprises is the only company able to submit a responsive bid. Attached: Emails confirming the when/who the ITB was sent. Kevin Caldwell Project Manager Engineering Tel: 541!488-5347 ~AR zo E. Main Street Fax: 541-1488-6oo6 Ashland, Oregon 97520 TTY: 8001735-z900 www ashldnd.or.0s R Kevin Caldwell From: Kevin Caldwell Sent: Wednesday, June 12, 201911:33 AM To: Frank McElheran; Jeff Fowler, wcpipe@charter.net; philip.graff@kniferiver.com; 'Jeff Cc: Brad Barber; Scott Fleury; Kevin Caldwell Subject: ITB N. Main Island Improvements Attachments: ITB (final).pdf; Final Signed Construction Plans 04-22-2019.pdf Good morning. The City of Ashland invites you to bid on the attached project, a highway island modification project in Ashland. Bids are due July 11, 2019. Kevin Caldwell, Senior Project Manager City of Ashland, Public works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2414. Thank you. 1 Kevin Caldwell From: Jeff <jeff@ledfordcc.com> Sent: Wednesday, June 12, 2019 3:32 PM To: Kevin Caldwell Subject: RE: ITB N. Main Island Improvements Kevin, Thank you for extending this opportunity to bid your project. However my schedule will not allow me to take on another street project with the anticipated work time frame of July / August. Thanks again Jd# vewdlm Project Manager Ledford Construction Company jeff@ledfordcc.com Cell # 541-210-0106 Office # 541-535-8692 From: Kevin Caldwell <kevin.caldwell@ashland.or.us> Sent: Wednesday, June 12, 2019 11:33 AM To: Frank McElheran <fmm@kogap.com>; Jeff Fowler <jeff.pilotrock@gmail.com>; wcpipe@charter.net; philip.graff@kniferiver_com;'Jeff ' <jeff@ledfordcc.com> Cc: Brad Barber <bradley.barber@ashland.or.us>; Scott Fleury <scott.fleury@ashland.or.us>; Kevin Caldwell <kevin.caldwell@ashland.or.us> Subject: ITB N. Main Island Improvements Good morning. The City of Ashland invites you to bid on the attached project, a highway island modification project in Ashland. Bids are due July 11, 2019. Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2414. Thank you. 1 w Kevin Caldwell From: Justin Aplin <justin@wcpipe.com> Sent: Wednesday, June 12, 2019 1:39 PM To: Kevin Caldwell Subject: Re: Ashland ITB Attachments: West Coast Pipeline 2019-21 LTR pdfODOT.pdf here you go ! On 6/12/20191:36 PM, Kevin Caldwell wrote: It appears yes, if you look the notes on the bottom of the first page. Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2414. Thank you. From: Justin Aplin <justin6Dwcpipe.com> Sent: Wednesday, June 12, 20191:34 PM To: Kevin Caldwell <kevin.caldwellCcpashland.or.us> Subject: Re: Ashland ITB Will you except my odot prequalification Sent from my !Phone On Jun 12, 2019, at 1:30 PM, Kevin Caldwell <kevin.caldwel[Pashland.or.us> wrote: Just a heads up, I checked our records and WC Pipeline doesn't appear to be pre- qualified with the City. This is required at least 5 days prior to bid opening per the ITB. There is no cost to get pre-qualified and the forms are available on our website at http://www.ashland.or.us/Page.asp?NavlD=11161 Thanks. Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2414. Thank you. 1 I _ w y From: Justin Aplin <iustin@wcpipe.com> Sent: Wednesday, June 12, 2019 11:44 AM To: Kevin Caldwell <kevin.caldwell@ashland.or.us> Subject: Re: Ashland ITB thank you my friend On 6/12/2019 11:43 AM, Kevin Caldwell wrote: ITB for minor highway island improvement project in Ashland. Bids are due 7/11/19. Looks like your other email is full? Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552- 2414. Thank you. 2 Purchase Order Fiscal Year 2020 Page: 1 of: 1 H1 P_ _NUMBER-MOIST APPEAR ON ALL B City of Ashland l tN 01CES ND SHAPP1NG DOCUMENTS ATTN: Accounts Payable - L 20 E. Main a"~ 20-0015 # L L Ashland, OR 97520 I Order- T Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Public Works Department E KOGAP ENTERPRISES, INC H 51 Winburn Way N 115 W STEWART AVE STE 202 D MEDFORD, OR 97501 P Phone: 541/488-5347 O T Fax: 541/488-6006 R O 541 776-6547 Paula Brown 09/13/2019 377 FOB ASHLAND OR Cit Accounts Pa able N Main Island Improvements 1 North Main Refuge Island Improvements 1 $79,500.0000 $79,500.00 Improvement Agreement Completion date: 09/30/2019 Project Account: E-201803-999 GL SUMMARY 081200 - 704200 $79,500.00 I nJ By: Date: U~ 1 Authorized Signature $79,500.00 CITY OF FORM #3 -ASHLAND REQUISITION Date of request: 08/21/2019 Vendor Name KOGAP Address, City, State, Zip 115 W. Stewart Ave. #202 Medford, OR 97501 Contact Name Frank McEhleran Telephone Number 541-261-5491 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro osal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) (Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES [I Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost North Main Refuge Island Improvements $ 79,500.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST MR Per attached quotelproposal $ Project Number ? 0 1 a o s.___ Account Number 0 8 1 2 0 0. 7 0 4 2 0¢ 7 9 5 0 0 0 0 - Project Number Account Number Project Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this{ requisition form, ~i certify that the City's public contracting requirements have been satisfied. Employee:a O V1~.' VC>1 1U C `c Department Head: G W Z10 12 ( 'Val Department ManagerlSupervisor: City Administrator: (Equal too reater than $25,000) Funds appropriated for current fiscal year: / NO ~vL ;Z A&A 0 a' II l./ Deputy F ance Director (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition