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HomeMy WebLinkAbout2023-015 PO 20230254 - Crete Co.LLC Purchase Order ,aa CITY RECORDER Fiscal Year 2023 Page: 1 of: 1 e'NUATBE__EtatiorAPPEArta Attn.- B City of Ashland -= F E ANDWURP IRNTS I ATTN: Accounts Payable L 20 Main Purchase 20230254 L Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E CRETE CO. LLC I 51 Winburn Way , N PO BOX 160 p Ashland, OR 97520 EAGLE POINT, OR 97524 Phone: 541/488-5347 O T Fax: 541/488-6006 R Ven rPtioss ynbar Weddc xSNumUIE f7_equisi#iart Nt�m ii 3 ' _ -1 Qlivelfg crani e = �' n Scott Fleury =Date Ordered VenFNum6arstetegoirad == FreigTiEethod7l� - DeparTmaijf/J:ocation e _s 03/02/2023 4419 FOB ASHLAND,OR/NET30 I City Accounts Payable ferr _ Descriptior�t�: � __ MOW MJnttPriee <ExterWdePPnce Medallion Installation 1 Historic District Medallion Installation 1.0 $18,646.00 $18,646.00 Location: Railroad Park Goods and Services Agreement(Less than $35,000) Completion date: June 30, 2023 Project Account: E-202206-999 Project Account: E-202206-999 Project Account: E-202206-999 • ***************GL SUMMARY 010220-604100 $6,215.34 081200-704200 $6,215.34 123000-704200 $6,215.32 • I1'JIIIIr Date: ��"JrY . ? By: I As 'S 7`m Authoriz-d Signature Pet-_-_ 0 0 '.18 646.00 • FORM #3 ( CITY OF ' �� ASHLAND A request fora Purchase Order p a 4-1°REQUISITION �� Date of request: 03/0112023. Required date for delivery: Vendor Name Crete Co.LLC Address,City,State,Zip PO Box 160 Eagle Point,OR 97524 Contact Name&Telephone Number Justin Puls 541-621-8332 Email address - SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: ❑ Invitation to Bid I 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement 0 (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval I Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ID Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached Date approved by Council._ 1 ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) ' approval required.(Attach copy of council communication) Description of SERVICES Total Cost Historic District Medallion installation-Railroad Park S 18,646.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑� Per attached quotelproposal u ' ToTAI!COST= Project Number 2 0 2 2 0 6. Account Number 0 1 0 2 2 0.6 0 4 1 0 0 (P12)5 •32Z1 $ Account Number+ 2 3 0 0 0.7 0 4 2 0 0 Account Number 0 8 1 2 0 0.7 0 4 2 0 0 tP 1.h • 22 J�J 6t%5.T *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,^^ IIceertifyethat the (City's public 1contracting requirements have been satisfied. Employee: YVL/ NC/�VVI) 1Q' Q4V KLl1]Department Head: 3.1.to 2./ T" (Eq to or greater than$5,000) Department Manager/Supervisor: City Administrator (Equal to or greaterthan$25,000) Funds appropriated for current fiscal year YES / 0 23 ma ce Di ector-(Equal to or greater than$5,000) to Comments: Form 43-Requisition \ ' GOODS AND SERVICES AGREEMENT (LESS THAN$35,000) PROVIDER: Crete CO. LLC CITY OF PROVIDER'S CONTACT: Justin Pals ASHLAND 20 East Main Street ADDRESS: PO Box 160 Ashland, Oregon 97520 Eagle Point, OR 97524 Telephone: 541/488-5587 PHONE: 541-621-8332 Fax: 541/488-6006 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Crete Co. LLC, (a domestic limited liability company) ("hereinafter"Provider"), for Historic District Medallion Installation—Railroad Park. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Historic District Medallion Installation — Railroad Park as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this • Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • 'Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Agreement between the City of Ashland and Crete Co.LLC 1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$18,646.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$18,646.00 without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. Page 2 of 6: Agreement between the City of Ashland and Crete Co.LLC 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the - Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes,lockouts, accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from • defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written Invitation To Bid dated 03/05/2020. • The Provider's complete written Bid form dated 03/30/2020. Page 3 of 6: Agreement between the City of Ashland and Crete Co.LLC 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2023, 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' prier written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541) 488-5350 Page 4 of 6: Agreement between the City of Ashland and Crete Co. LLC If to Provider: Crete Co.LLC Attn: Justin Pals PO Box 160 Eagle Point, OR 97524 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing..tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, anyviolation 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. Page 5 of 6: Agreement between the City of Ashland and Crete Co LLC 1 CITY OF ASHLAND: CRETE CO.LLC (PROVIDER): By: —'(f1 By: ?tam m. Pets Signature Sur s)s_ Justin Puls Printed Nanfe - Printed Name Owner Qu21ic.. La:Ars DI?ALEC_ Title Title MU'S 02/21/2023 Date Date L (W-9 is to be submitted with this signed Agreement) 9/ Purchase Order No. �+ Page 6 of 6: Agreement between the City of Ashland and Crete Co.LLC CITY OF ASHLAND BID FORM Project No: 2022-06 Bid Title: HISTORIC MEDALLION INSTALLATION — RAILROAD PARK Bidding Company Name: Crete Co.LLC OR. CCB No. 219140 Bidder Address: Po Box 160 Eagle Point OR 97524 Bidder Contact: Justin Puls Contact Telephone: 541-621-8332 Contact Email: creteco@outlook.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: Item Description Qty' Umt < Unit ; Bid Amount" 1 MOBILIZATION 1 LS $ $800.00 $ $800.00 2 CONCRETE CURB&GUTTER* 72 LF $ $55.00 $ $3,960.00 3 CONCRETE SIDEWALK(incl. Base Rock) * 281 SF $ $16.00 $ $4,496.00 CONCRETE ACCESSIBLE RAMP (incl. 4 Truncated Dome) * 1 EA $ $4,500.00 $ $4,500.00 5 6"CONCRETE DRIVEWAY&APRON* 207 SF $ $20.00 $ $4,140.00 6 PLACEMENT OF ORNAMENTAL MEDALLION 1 LS $ $750.00 $ $750.00 * NOTEIIAI!C CfJNGR TTEtSHAIMBC`SCOLrOREIZONMSan Diego Buffco 514.5234 TOTAL BID: ,. $ $18,646.00 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents (Invitation to Bid, Instructions,General Conditions,Special Provisions, Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, Equipment, and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price4f 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 HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 11 CITY OF ASHLAND there is to be a decrease in the lump sum payment,it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time, materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland, or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: Pitavl m. P,JS Name-(Printed): Justin Puls Title: ' Owner Date: 01/31/2023 WP.LEASEIRETORNITHISICOMP-LETEDTFORMVOINMGHAELWORRISOMBEF.OREF2TOOPMrOMIJANI ARY131 2023 • HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 12 4 • ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/27/2023 PRODUCER Phone:(541)476-2246 THIS CERTIFICATE IS.ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Blalock Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 531 NE E St Suite D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , Grants Pass,OR 97526 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Contractors Bonding and Insurance Company 37206 Crete Co LLC INSURER B: PO Box 160 INSURER C: Eagle Point,OR 97524 INSURER D: 1 INSURER E: COVERAGES • 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD•L POLICY EFFECTIVE POLICY EXPIRATION ITR NSR[ TYPF OFINSURANCE POLICY NUMBER DATE IMMIDDIYYI DATEIMM/ODM/I UNITS GENERAL LIABILITY D11PE5010 06/20/2022 06/20/2023 EACH OCCURRENCE $ 1.000,000 A Y X COMMERCIAL GENERAL LIABILITY PREMI ET ES(Ea occ NTED DAMAGREarenea) $ 300,000 CLAIMS MADE n OCCUR MEO EXP(Any one person) $ 5,000 PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 CEEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 in POLICYri JF f LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE MAMMY AUTO ONLY-EA ACCIDENT $ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A Y EXCESS/UMBRELIALIABILITY D31UU5010 06/20/2022 06/20/2023 EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WCSTATU- 011-1 TORY IIMITH ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ S yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Products and completed operations coverage is included according to the terms of the policy and subject to applicable policy excusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN The City of Ashland,Oregon, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL it's officers,aggnts and employees 20 East Main St IMPOSE NO OBLIGATION OR MASILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Ashland, OR 97520 REPRESENTATIVES. AUTHORIZ REP ESy,NTAT I •C/� • (SRG) ACORD 25(2001/08) Printed by SRG on 02/27/2023 at 03:41PM ©ACORD CORPORATION 1988 BLALOCK INSURANCE PROGRESS/YEa • 531 NE E ST SUITE D • COMMERCIAL GRANTS PASS,OR 97526 1-541-476-2246 Policy number: 02122491 Underwritten by: Artisan and Truckers Casualty Co NAIC Number:10194 February 22,2023 Page 1 of 2 Certificate of Insurance Certificate Holder Additional Insured CITY OF ASHLAND 20 EAST MAIN ST ASHLAND,OR 97520 Insured Agent CRETE CO LLC . BLALOCK INSURANCE ' PO BOX 160 531 NE E ST SUITE D EAGLE POINT,OR 97524 GRANTS PASS,OR 97526 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated.This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter, modify, or extend the coverages afforded by the policies listed below.The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations,endorsements,and conditions of these policies. Liability coverage may not apply to all scheduled vehides. Policy Effective Date: May 13,2022 Polity Expiration Date: May 13,2023 Insurance coverage(s) Limits Bodily Injury/Property Damage $2,000,000 Combined Single Limit Uninsured/Underinsured Motorist $100,000/$300,000 Description of Location/Vehicles/Special Items Scheduled autos only 2007 CHEVROLET SILVERADO K35001GBJK39D77E125410 Stated Amount $15,000 Uninsured Motorist Property Damage $20,000 w/$200 Ded($300 if Hit&Run) Comprehensive $1,000 Ded Personal Injury Protection $15,000 Collision $1,000 Ded Roadside Assistance Selected w/$0 Ded 2007 CHEVROLET SILVERADO 035001 GCHK336X7F522754 Uninsured Motorist Property Damage $20,000 w/$200 Ded($300 if Hit&Run) Comprehensive $1,000 Ded Personal Injury Protection $15,000 Collision $1,000 Ded Roadside Assistance Selected w/$0 Ded Contlnued Policy number: 02122491 CRETE CO LLC Page 2 of 2 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(05/16) www.saif.com • S11 f Work. Life. Oregon Workers' Compensation Oregon. Certificate of Insurance Certificate holder: CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN ASHLAND, OR 97520 • The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Crete Co LLC United Insurance Agencies PO Box 160 United Insurance Agencies Eagle Point, Or 97524-0160 541.242.6464 workerscomp@uiaoregon.com Issued 02/22/2023 Limits of liability Policy 879837 Bodily Injury by Accident $500,000 each accident Period 04/01/2022 to 04/01/2023 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Concrete Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend, extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative Au bV` 7 e Chip Terhune President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy OLCA CertiricateOMsurance F:503.584.9812 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is reports, surveys, field orders, amended to include as an additional in- change orders or drawings and sured any person or organization for specifications; or whom you are performing operations b. Supervisory, inspection, archi- when you and such person or organiza- tectural or engineering activities. tion have agreed in a written contract or agreement that such person or organi- 2. "Bodily injury" or "property damage" zation is to be added as an additional occurring after: insured on your policy. Such person or a. All work, including materials, organization is an additional insured on- ly with respect to "bodily injury or"prop- parts or equipment furnished in erty damage" caused by your negli- connection with such work, on gence in the performance of your ongo- the project (other than service, ing operations performed for that addi- maintenance or repairs) to be tional insured. performed by or on behalf of the additional insured(s) at the loca- A person's or organization's status as tion of the covered operations an additional insured under this en- has been completed; or dorsement ends when your operations b. That portion of"your work" out of for that additional insured are corn- which the injuryor damage aris- pleted. g es has been put to its intended To the extent required under said written use by any person or organiza- contract or agreement, this policy will tion other than another contrac- apply as primary insurance to additional tor or subcontractor engaged in insureds and other insurance which may performing operations for a prin- be available to such additional insureds cipal as a part of the same will be non-contributory.We waive our project. right of recovery against such additional 3. "Bodily injury", "property damage" orinsureds. occurring or commencing before B. With respect to the insurance afforded to execution of the written contract or these additional insureds, the following - agreement that requires such per- additional exclusions apply: son or organization be added as an This insurance does not apply to: additional insured on your policy. 1. "Bodily injury", "property damage" or C. Definitions arising out of the rendering of, or the "Ongoing operations" means operations failure to render, any professional not included in the "products-completed architectural, engineering or survey- operations hazard." ing services, including but not limited to: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, CBGL 00 71 0512 Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc.,with its permission. www.saif.com sal 1 Work. Life. Oregon. Oregon Workers' Compensation Certificate of Insurance Certificate holder: CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Crete Co LLC United Insurance Agencies PO Box 160 United Insurance Agencies Eagle Point, Or 97524-0160 541.242.6464 workerscomp@uiaoregon.com Issued 02/22/2023 Limits of liability Policy 879837 Bodily Injury by Accident $500,000 each accident Period 04/01/2022 to 04/01/2023 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Concrete Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. Authorized representative Chip Terhune President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy_OLCA Cedilicafe0flnsurance F:503.584.9812 CITY OF ASHLAND EXHIBIT A HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 13 • GENERAL NOTES CIVIL IMPROVEMENT PLANS n811.Au Dau Men,m 500 Ire mwiwaax res FOR ear ms,Dams,{waw Duni Vole NM AS ABEAM Br x OTT --..-. 11. LI AMMO 0wmb1 07051002 2.Nazi WAN.rrMill BEA„5a0.,mwThr molar Pica Bar NATE RAILROAD PARK MEDALLION PRD��i - �,' OR Ara ril o_xsa mr OW sow= WE(4".Pnor LOCABON ...0 .. rm.wnOetDe aiALL ffiIYC.LOnrOvanc 5/Asn o-5wa Mao sow=rvMW �s ow=ear AOra=r•rMa S70Aw.w non.APE AWL LOCATED IN ._'o __.p .. Caeucraarmmp S SOearSFr IR.PRC 87x.BrPc(A,w41 SOLAY SAW wmtYS _._. son W ONO=TONE ow ow A OF Fair"aer'aa SOW"`A/C SECTION 9,T.39 S., R. 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Y.lowsei �e ac mms ▪ .'-P � �A • ,a KSnnD swank" Oj RNSLr&W RFC sap ., ;: A. -v _ Q u 0 Maar 'Aroi oac me mvxwa '�uA weau_-' -„C . 6 ' .•q re MVR" • Ong:Minn MK UMW Amn u LEARN uwr PER Wean Msa•sm OAF - W P ��,b march DM ) .'O W.e . a SSW �\ srAa.A STq�Tw�l `�`�`\ 4` ` 1/ "_,, - p•l 87101 1 1 a>ow \ moi I. `. \ iefu i Pla T r - r \ - ��a w 1 ./ / 1/ oo an� I ryr / •'r 0\ CURB RAMP GRADING DETAIL • 8 / 8 .y , SCVL'Ps• CURB RAMP NOTA .all11111 MIr.llu... CerS s. M NOLO MR�p NORTIia▪sa Man manor oxcs cmaw GENES roe S AO?sow GRAPHIC SCALE CURB RAMP LEGEND: ER mum R a2nmo GE ......... r.•• as abr BM • MSS SEM extnw I VRm) a UPPP Mw.'O SLOPE lx Waft. R...-IS . 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A� Moir y - ,T�d�d -+_ Gil -�' _ :-._� ..laraar.-V.ES mamma ALL STANDARD DETAILS ARE PROVIDED FOR REFERENCE ONLYIII FT IS THE CONTRACTOR'S RESPONSIBILITY TO VERiY AND USE THE MOST CURRENT CRY ACCEPTED STANDARD DETALS www e.:am as 07/22 In. mew” art BY CITY OF ASHLAND C/TVC}\ry ENGINEERING p!EG£OB U0 o r m AM 07/1261.TE uTpT`lP Vyp; t'Cr RAILROAD PARK ON "KING O IMPROVEMENTS t%drA6 Amor RARYr ram wMKwa toomemfEeTOn ram aor. Armorer 01 E. iaa�� DETAILS Callnwnymag. ar..ar...... uwmw• c..c. i••• _flaws_ El xuv.rc.m.q� moo,/x.s •u.atm ratio= CITY OF ASHLAND BID FORM Project No: 2022-06 Bid Title: HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Bidding Company Name: -72/A.. �e I + k�c�"a.n 1.A__et OR.CCB No. 3'1L4 t Bidder Address: 1 (,00 k ft7.4e2.Z Bidder Contact: Pc-'o \ p , Contact Telephone: (E,(.'\N R Com` _r In)Ll Contact Email: h1,ray L-1.00 p,l,&A, ,cpwa Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: Item Description Qty. Unit ! 'Unit Cost Bid,Amount No. 1 MOBILIZATION 1 LS $ . $ 3500 d 2 CONCRETE CURB&GUTTER* 72 LF $ 9 $ 3/pojj' 3 CONCRETE SIDEWALK(incl.Base Rock) * 281 SF, $ gsct $ A2s� CONCRETE ACCESSIBLE RAMP(incl. $ �. $ v 4 Truncated Dome) * 1 EA 3 SrjD 35S� 5 6"CONCRETE DRIVEWAY&APRON* , 207 SF $ 3; $ 7 4= 6 PLACEMENT OF ORNAMENTAL MEDALLION 1 LS $ ),35°5- $ ) 35c2ia-- I * OTE-ALL CONCRETE SHALL CWLORED' Davis San'Diego Buff color •5237 TOTAL BID: $a_(P/i 7O -- 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 lime indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum,or unit price,all services,materials, labor, Equipment,and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price,it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and if !( HISTORIC MEDALLION INSTALLATION-RAILROAD PARK Project No.2022-06 Page¢1 • • CITY OF ASHLAND BID FORM • Project No: 2022-06 Bid Title: HISTORIC MEDALLION INSTALLATION— RAILROAD PARK Bidding l Company Name: G/,I f'' /v — &rec `2 Cc1,,.S )rctcit,;-1 OR.CCB No. '"NG-OLA U Bidder Address: .S/'1' e A) Fvah,f S Bidder Contact: (,Gulf 74er,Ant / Contact Telephone: St(fr >7q—/c/92_ Contact Email: [0 -ccb/ eEGkfrt 47req. 12• Coved. Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for the above-referenced Project for the following Total Bid amount: Item: Desc pt i Ory l Unit t1nitCost a113AMount ` ,. x Noa 1 MOBILIZATION 1 LS $ /rL9O $ 7;r6 2 CONCRETE CURB&GUTTER* 72 LF $ 9S.UV $ 6e8 Y(7 3 CONCRETE SIDEWALK(incl. Base Rock)* 281 SF $ ?0,00 $ 8 G/30 4 CONCRETE ACCESSIBLE RAMP (Incl. 1 EA $ Gy $ Truncated'Dome)* S ��� 5 6" CONCRETE DRIVEWAY&APRON* 207 SF $ 2$";vu $ ? Z L-(C 6 PLACEMENT OF ORNAMENTAL MEDALLION 1 LS $ /,�Q(� $ /COO *NOTE—ALL CONCRETE SHALL BE COLORED(Davis San Diego Buff color#5237) TOTAL BID: $ ?j3- pros" 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 Bld,and In accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum,or unit price,all services,materials,labor, Equipment,and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and If • HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 11 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID HISTORIC MEDALLION INSTALLATION — RAILROAD PARK Project No: 2022-06 ISSUE DATE: NUARY_ god BIDS DUE:f1�{ NUAIY�31!}?�023 Not later than 2:00 PM Late bids will not be considered REFER QUESTIONS TO: Michael Morrison Phone: 541-488-5587 Email: michael.morrison@ashland.or.us SUBMIT BIDS BY MAIL TO: SUBMIT BIDS IN PERSON TO: 20 East Main St 51 Winburn Way Ashland, OR 97520 Ashland, OR 97520 SUBMIT BIDS BY EMAIL TO: michael.morrison@ashland.or.us PRE-BID CONFERENCE:There will be a mandatory pre-bid conference for this project on January 24, 2023 @ 10:00 a.m. and will be held at the project location, the intersection of A Street and 7'h Street. CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ' ASHLAND OR 97520 541/488-5587 CITY LANDITY OF CONTENTS • INVITATION TO BID 3 INSTRUCTION TO BIDDERS 4 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 4 2. BID DOCUMENTS 4 3. PREPERATION OF BIDS 4 4. BID PRICES 4 5. SPECIFIED PRODUCTS 5 6. SUBMISSION OF BIDS 5 7. ACCEPTANCE OR REJECTION OF PROPOSALS 6 8. AWARD AND CONTRACT 6 GENERAL CONDITIONS - 7 1. DEFINITIONS 7 2. BUSINESS LICENSE REQUIRED 7 3. CONTRACTOR PRE-QUALIFICATION REQUIRED 7 4. CONTRACTOR'S INSURANCE AND INDEMNITY 7 Primary Coverage 8 Indemnification 8 5. HOURS OF LABOR 8 6. PREVAILING WAGE 8 PROJECT SUMMARY 9 1. BACKGROUND 9 2. SCOPE OF WORK 9 3. STANDARDS 9 4. CONTRACT TERMS 9 5. SUBMITTALS 10 6. MEASUREMENT AND PAYMENT 10 7. PRE-BID MEETING 10 BID FORM 11 EXHIBITA 13 EXAMPLE CONTRACT FORM 17 HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 2 CITY OF ASHLAND INVITATION TO BID HISTORIC MEDALLION INSTALLATION - RAILROAD PARK Notice is hereby given that bids for Project Number 2022-06: HISTORIC MEDALLION INSTALLATION—RAILROAD PARK,shall be received by Michael Morrison,20 E Main (by mail)/51 Winburn Way(in person),Ashland,OR 97520. All bids must be submitted not later than 2:00 PM, Pacific Time,on JANUARY 31,2023. 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, or the time shown as"received"on any email bid. If a physical bid is submitted,the outside of the sealed envelope must be clearly marked with the bidder's name, address, bid name and number, and the due date. Bidder must submit one original bid. Please retain a copy for your records. The Work shall consist of supplying all labor, equipment,and materials necessary to install concrete curb and gutter,concrete sidewalk and handicap accessible ramp. Coordination will be required with City of Ashland Street Department. Location of work is in multiple spots around the City of Ashland and are listed on the attached bid form. Work is scheduled to begin no earlier than February 21,2023 and must conclude not later than March 31,2023. There will mandatory pre-bid conference for this project on January 24,2023 @ 10:00 a.m. and will beheld at the project location at the intersection of A Street and 7th Street. City of Ashland reserves the right to reject for good cause any and all bids,waive formalities or to accept any bid - which appears to serve the best interest of the City. Scott A. Fleury Public Works Director Date: January 17, 2023 • HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 3 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 Sites,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:There will be a mandatory pre-bid meeting for this project on January 24,2023 @ 10:00 a.m. and will be held at the project location at the intersection of A Street and 7th Street. 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 Prospective bidders have been provided this full Invitation to Bid. The Invitation to Bid itself will not be posted on any specific websites. 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 Contractor's registration number of Bidder, and other information required shall be typed or printed in ink on the Bid Form in the spaces provided. The.Bidder's business name must match the name on the bid guaranty. 3.2. Fill in Blanks:All blank spaces on the Bid From must be filled in by the Bidder. Bidder must submit a bid amount for all Alternates,Additives, Deductives, unit prices and other prices indicated on the Bid Form. When bidding on items for which there is no charge, Bidder shall write the words "No Charge," "zero," or"0.00" in the space provided on the Bid Form. If a Bidder fails to submit a bid price for any item, notes"no bid" or similar language for any item or does not fill in all blank spaces on the Bid Form,the bid may be rejected as non-responsive. 3.3. SIGN BID FORM:The Bidder shall manually sign the Bid Form in ink by an authorized representative of the Bidder. 3.4. ACKNOWLDEGE ADDENDA: Bidders shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form. 4. BID PRICES 4.1. ESTIMATED QUANTITIES:Any quantities on the Bid Form are estimates and are stated for bid comparison purposes.The Agency will pay the Contractor based on actual quantities of each item of Work completed in accordance with the Contract Documents. HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 4 CITY OF ASHLAND 4.2. FILING FEES:Applicable state laws concerning prevailing wages, hour,workers compensation of and other conditions of employment are called to the attention of Bidders for their compliance. Bidder shall include in the bid any filing fees required to comply with applicable labor laws. 4.3. BID ALLOWANCES: Bidder shall include in the bid all allowances provided on the Bid Form or elsewhere in the Bid Documents. Agency will pay the difference if the actual cost exceeds the allowance. 4.4. INSURANCE AND BONDS: Bidder shall include in its bid the cost of all insurance and bond costs required by the Contract Documents to complete the base bid Work and all additives and alternates. 5. SPECIFIED PRODUCTS 5.1. BID PRODUCTS IDENTIFIED: Bids must be based upon use of items named in the specifications, or approved equals or substitutions. Requests for approval of equals or substitutions must be made in writing and received by Owner at least 10 days prior to the bid submission deadline. 6. SUBMISSION OF BIDS 6.1. 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. 6.2. SEALED BID ENVELOPE: Bids and bid modifications may be submitted in sealed envelopes or packages (1)addressed to the office specified in the Request for Bids and (2) showing the name of the Project, bid opening date and time, and the name and address of Bidder. 6.3. EMAIL BID: Bids and bid modifications may be submitted by email but the provided Bid Form must be filled out in full,scanned and retuned as an attachment by the bid closing time. 6.4. PROHIBITED FORMS OF BID: Receipt of bids and bid modifications by any,facsimile,telephone, other electronic means,or orally will not be considered. 6.5. WITHDRAWL OF BID:Any bid may be withdrawn at any time prior to the bid submittal deadline by providing written request to the Project Manager established on the cover page of the Invitation to Bid. The Bidder or a duly authorized representative must execute the request. Withdrawal of a bid will not prejudice the right of the bidder to file a new bid. All bids shall be irrevocable for 30 calendar days from the day of opening. 6.6. MODIFICATION OF BID:After a Bidder has withdrawn its bid as established in the paragraph above, a Bidder may revise its bid if the Agency receives the revised bid on the required Bid Form prior to the bid submission deadline in a properly marked and sealed envelope. 6.7. 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. 6.8. ADDENDA:The Project Manager shall issue addendum no later than 5 calendar days prior to the bid submittal deadline. Any addenda so issuedwill become a part of the agreement. HISTORIC MEDALLION INSTALLATION RAILROAD PARK Project No.2022-06 Page 5 CITY OF ASHLAND 6.9. TABULATION OF BIDS: Bidders may request a Tabulation of Bid Results. 7. -ACCEPTANCE OR REJECTION OF PROPOSALS 7.1. 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. 7.2. PUBLIC INTEREST:The City reserves the right to reject any bid not in compliance with the bid documents,or all prescribed public bidding procedures and requirements,and the right to reject any or all bids when it is in the public interest to do so per ORS 279B.100(1).Written notice of rejection of all bids shall be sent to all bidders. 7.3. 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. 8. AWARD AND CONTRACT 8.1. 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. 8.2. 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. 8.3. 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. 8.4. 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. 8.5. PROTEST OF AWARD:All protests must be in writing and physically received by the Project Manager no later than 4:00 P.M.on the third (3rd)working day after the postmarked notice of intent to award or disqualification. Proposers may protest only deviations from laws, rules, regulations, or procedures. Protests must specify the grounds for the protest including the specific citation of law, rule,regulation, or procedure upon which the protest is based. Protests not filed within the time specified or which fail to cite the specific law, rule, regulation,or procedure upon which the protest is based shall be dismissed. HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 6 CITY OF • ASHLAND General Conditions 1. Definitions Agency:City of Ashland Contract: The written agreement between the City of Ashland and the Contractor, including without limitation all Contract Documents, describing the Work to be completed and defining the rights and obligations of the City of Ashland and the Contractor. Equipment: All machinery,tools, manufactured products,and fabricated items needed to complete the Contract of specified for incorporation into the Work. Project: The sum of all Work to be performed under the Contract. Project Manager: The City of Ashland's representative who directly supervises the engineering and administration of a Contract. Project Site: The geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas. Work: The furnishing of all Materials, Equipment, labor,and incidentals necessary to successfully complete any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the Contract. 2. Business License Required The successful Bidder shall, prior to starting Work,obtain a City of Ashland Business License. Subcontractors on the Project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. 3. Contractor Pre-Qualification Required The successful Bidder shall, prior to starting Work,must have an approved pre-qualification on file. Subcontractors on the Project shall also be required to have an approved pre-qualification. Pre-qualification paperwork may be acquired through the City of Ashland Public Works office during regular business hours. 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 r;2 000 001 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 r2 000.00I for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles,as applicable. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurer(s)to the City. HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 7 CITY OF ASHLAND 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 City staff are 7:00 AM to 4:00 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), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. • HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 8 CITY OF ASHLAND PROJECT SUMMARY HISTORIC MEDALLION INSTALLATION—RAILROAD PARK 1. Background The City of Ashland will be installing a group of medallions in the City's Historic Railroad District to mark significant locations in the history of the City. This will be the first of those installations. 2. Scope of Work The Contractor to whom the Project is awarded shall provide material,tools,equipment,and labor to complete the Project according to all requirements specified in this Contract and shown in the supporting documents (Exhibit A). Specific tasks for the project include: A. Mobilization B. Concrete Curb& Gutter,Concrete Sidewalk,Concrete Accessible Ramp &Concrete Driveway-furnish all materials to prepare and install standard curb and gutter per current ODOT Standard Drawings (Effective Date: December 1, 2022-May 31, 2023). This shall include at a minimum: a. Supply and grade any necessary c. Concrete base rock d. ADA compliant Truncated Domes b. Forms e. Labor C. Installation of Historic Medallion—City will supply contractor with medallion " The City of Ashland Street Department will complete the following: A. Traffic Control E. Removal of existing sidewalk B. Erosion &Sediment Control F. Removal of existing curb and gutter C. Sawcut existing asphalt G. Rough grade for new sidewalk and curb and D. Remove/Replace existing asphalt gutter Coordination with the City of Ashland Street Department will be of the upmost importance on this project. The Contractor shall contact Chuck Schweizer,Steet Supervisor, at least 14 days prior to work beginning to request existing concrete and asphalt removal. A contact phone number for Chuck is(541)951-0345. Polaris Land Surveying, LLC will complete the following: A. Provide construction staking Coordination with the Polaris Land Surveying, LLC will be of the upmost importance on this project. The Contractor shall contact Shawn Kampmann,at least 14 days prior to work beginning to request construction staking. A contact phone number for Shawn is (541)482-5009. 3. Standards This project shall with the 2021 Oregon Standard Specifications for Construction 4. Contract Terms All work must start no earlier than February 21, 2023 and must be completed in full not later than March 31, 2023. HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 9 CITY OF ASHLAND 5. Submittals A. Submit Project Schedule for City review and approval within 14 days of Notice to Proceed. 6. Measurement and Payment Quantities of work performed under this contract will be measured according to the bid form attached. 7. Pre-Bid Meeting There will mandatory pre-bidconference for this project on January 24,2023 @ 10:00 a.m. and will be held at the project location,the intersection of A Street and 7th Street. HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 10 • CITY OF ASHLAND BID FORM Project No: 2022-06 Bid Title: HISTORIC MEDALLION INSTALLATION — RAILROAD PARK Bidding Company Name: Crete Co.LLC OR.CCB No. 219140 • Bidder Address: Po Box 160 Eagle Point OR 97524 Bidder Contact: Justin Puls Contact Telephone: 541-621-8332 Contact Email: creteco@outlook.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: Item.: Description r; Qtyr r Umt �Umt-Cost A s� " BId Amount :y b 1 MOBILIZATION 1 LS $ $800.00 $ $800.00 2 CONCRETE CURB&GUTTER* 72 LF $ $55.00 $ $3,960.00 3 CONCRETE SIDEWALK(incl. Base Rock) * 281 SF $ $16.00 $ $4,496.00 CONCRETE ACCESSIBLE RAMP (incl. 4 Truncated Dome) * 1 EA $ $4 ,500.00 $ $4,500.00 5 6" CONCRETE DRIVEWAY&APRON* 207 SF $ $20.00 $ $4,140.00 6 PLACEMENTOFORNAMENTALMEDALLION 1 LS $ $750.00 $ $750.00 *SIO.TiEQF LLVONGRETEtSH%aLQBEtlCOLTOREDND LjigSS5 7Diego B iffr)1}77r#52374 TOTAL BID: $ $18,646.00 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents (Invitation to Bid, Instructions,General Conditions,Special Provisions, Contract Form, and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, Equipment, and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and if HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 11 • CITY OF ASHLAND there is to be a decrease in the lump sum payment,it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time, materials, Equipment or service which may appear in the specifications,is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland, or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated — Addendum No. dated Addendum No. dated Signature of Bidder: ! m. P U Name(Printed): Justin Puls Title: Owner Date: 01/31/2023 P.LEASE1RETTURNifiiHISTE01GIELtETiEDIEORMWOIMICHAELWORRISONIBEF.OREf2 0OP.Mi0N11ANWAR'1/31!142023) HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No. 2022-06 Page 12 CITY OF ASHLAND EXHIBIT A HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 13 , GENERAL NOTES CIVIL IMPROVEMENT PLANS 0AI.MOTSTML�9WW,=A�,9m1 891. AMC Ma ar*a(0woura2570AlmwwOmmITPCan FOR I _-.-. �o H�9 �w �ma �^m� orwar. RAILROAD PARK MEDALLION PROJECT .` --- 7-- sacs - ��' K snow awn ow II'ROO•T SR= LOCATION ......v mvwaMEelum POLL BE ON RIOW TOn ro.CA news snow mmxAMN �umm PAWED r.r AO Oma DRAW°MC=TAW SNAIL Cando,pmmg 1 M.RY o O (io-sm43 ewrwYONO.077070,5 •LOCATED IN _, rem sconenCA10 arm EK Am SECTION 9,T. 39 S., R. 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CY - in sa ttl®saval Er_-- $ T R 3 II _=_— P .7v--'..".. I - Pie .s\ ; _ -=e- �ever ,s ALL STANDARD DETAILS ARE PROVIDED FOR REFERENCE ONLY!!!RIS THE CONTRACTORS RESPONSIBLITY TO VERFY MID USE THE MOST CURRENT CITY ACCEPTED STANDARD DETARS o/xx Na RENS/ON a'x BY ��IB 1tPl(r CITY OF ASHLAND CO.flRt'C 0 OC BY WB 2.07/22 `1,p4�N[tR4. r.m�,w wK RARROAD PARK MEDALLION ENGEPKK-INR CORY BM! a2 Z� CIVIL IMPROVEMENTS ALDO Co H e ARMY!: F! " DE TANS BurnLM KmC.mnlrelaea .o .w -- ARMY!: — Calltemnmmg .a,.....x..s urn..: nre - -- rr CITY OF ASHLAND EXAMPLE CONTRACT FORM HISTORIC MEDALLION INSTALLATION—RAILROAD PARK Project No.2022-06 Page 17 • CITY OF ASHLAND • GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: CITY OF 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 •XXXXXXXXXXXXXXX, (a domestic/,foreig business corporatio ) ("hereinafter"Provider"),for rittacadescriptiondi:Dodd .`.Inibmprovided' 1. PROVIDER'S OBLIGATIONS 1.1 Provide ore detailed descriptio of goods an service as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than$2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability;and • Workers'Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a"claims made"form,and shall: • Name as additional insured"the City of Ashland,Oregon,its officers,agents and employees"with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; Page I of 6: Goods and Services Agreement between the City of Ashland and3G+XXXfXXI • CITY OF ASHLAND • Provider shall immediately notify the City of any change in insurance coverage _ • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement;and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers'compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business,a business that a service- disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS i 2.1 City shall pay Provider the sum of $` (could 152 hour) DM aa OMR fir© mount=please EON fla +ro.osal as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$ XXXX this i maxim m, not o exeeetl amour of ENTIRE Agreement without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and FC+XXXX I • CITY OF ASHLAND 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 2798.220,279.6.230 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 forJackson County unless exclusive jurisdiction is in federal court,in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate,so as to effectuate this choice of venue 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified.to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 The City may inspect and test the Goods.The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price,as negotiated. If Provider does not cure any defects within a reasonable time,the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights,including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS Page 3 of 6: Goods and Services Agreement between the City of Ashland and(X XXwl • CITY OF ASHLAND 4.1 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 LXXXXX,(Request ityProppsals,Ginidated 'XXX . • The Provider's complete written MIS1 dated OM. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved;the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages,specific performance,or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until MEM, 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: Page 4 of 6: Goods and Services Agreement between the City of Ashland and X).:40= • CITY OF ASHLAND If to the City: City of Ashland— Department Attn: p(XXXXXXXXXXXXd 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488 "+ With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland,OR 97520 Phone: (541)488-5350 If to Provider: 'rovi'er's rta m Attn:EM -- pCXXXXX)d 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall,throughout the term of this Agreement, including any extensions hereof,comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State'of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Eitextv •,.: f CITY OF 4414;; . ASHLAND 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: KXXXXXXXXXXXXXXX)4(PROVIDER): By: By: Signature Signature • Printed Name Printed Name Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. • Page 6 of 6: Goods and Services Agreement between the City of Ashland and roXX.X'XYj