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HomeMy WebLinkAbout2022-004 PO 20220245- Virco Custom Creations LLC ar> Purchase Order RECORDER"Al Fiscal Year 2022 Page: 1 of: 1 WEJ B City of Ashland ATTN: Accounts Payable Purchase L 20 E. Main 2022024.5 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us E VIRCO CUSTOM CREATIONS LLC H C/O Public Works Department N 7505 HYATT PRAIRIE RD I 51 Winburn Way D ASHLAND, OR 97520 P Ashland, OR 97520 OR Email: VIRCOCUSTOMCREATIONS@GMAIL.COM T Phone: 541/488-5347 O Fax: 541/488-6006 __lets sly:sle]`[oalsl ` =1..M �'=?at=It:10i,..ink-1� -ajsl�i -_-_ __ _ .: __==_��° �' _=: >�--� _-- -- —_ Scott Fleu - te[ =TiV[e1A^:>iSglal=jam�a}_ _ $3 e_.._-Pepe - _.€-: � Est t r �� = #; ='r r ,P-1!151 01/20/2022 6672 CiAAccounts Pa able �ui'..0 —_ _A.-U-, __:"��'-:,� -= � Curb & Gutter Replacement 1 Curb &gutter replacement for Street Department(Various 1.0 -$43,238.00 $43,238.00 locations) Goods and-Services Agreement(Greater than $35,000) Completion date: Aprif15, 2022 Project Account: *************** GL SUMMARY*************** 081200-704100 $43,238.00 By: Date: =-. Auth•rize.i nature OIEY 43 238.00 I ( 17 I / ) -' FORM#3 CITY OF /7 ASHLAND A requost tor a Purchaso Order ,10' ' v REQUISITHON ‘0 Date of request: '12113/2021 ' ,-- „ • Required date for delivery:. 12/31/2021 , Vendor Name Virco Custom Creations,LLC Address,City,State,Zip 7505 Hyatt Prairie Road,Ashland,OR 97520 Contact Name 84 Telephone Number Sarai Virden,(541)973-9443 Email address j vircocustomcreations@gmailcom SOURCING METHOD El Exempt from Competitive Bidding 1:1 Invitation to Bid 0 Emergency O Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization El AMC 2.50 (Attach copy of council communication) 0 Written quote or proposal attached 0 Written quote or proposal attached (If council approval required,attach copy of CC) O Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding 55,000 Date approved by Council: 0 State of Oregon' O Direct Award (Attach copy of council communication) 'Contract 0 O VerballWritten bid(s)orproposal(s) 0 Request for Qualifications(Public Works) , 0 State of Washington Date approved by Council: Contract ft (Attach copy of council communication) 0 Other government agency contract intermediate Procurement ID Sole Source i Agency GOODS&SERVICES 0 Applicable Form(#5,8,7 or 8) Contract# Greater than$5 000 and less than$100.000 0 Written quote or proposal attached intergovernmental Agreement LJ (3)Written bids&solicitation attached 0Form it4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5.000 endless than$75.000 Valid until: Dale Agreement approved by Legal and approved/signed by D Less than$35,000,by direct appointment ID Special Procurement City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached , 0 Form#9,Request for Approval '0 Annual cost to City exceeds$25,000,Council D Form#4,Personal Services 55K to$75K ID Written quote or proposal attached .approval required.(Attach copy of council communication) Date approved by Council: Valid until: Date Description of SERVICES , Total Cost Curb&gutter replacement for Street Department(various locations) , ;2$ 113?3131,‘ ,• • , '-,,-1 1-— -, ; Item# Quantity Unit Description of MATERIALS unit Price Total Cost V-4 t 16- 1 ,fl o ( t Per attached quote/proposal 44; ' 11- e - / rge6-..' /L..' A 1' r r , , Project Number_ _ 2__ 0 ....... 16 Amber!cceti4:1P—Alu 61200.7041 '0V Account Number___,___- Account Number - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures, /T pirector intollahoratkin with clepartment tqapprove all hardware and software purchases: IT Director Date Support-Yes/WO , By signing this requisi I I i' ,rm,Is:rtik that the Clly's public contracting requirements have been satisfied, ./, — . , ... Employee: ...---" Department Head: ..„--_,•t••-_-,"',411,1!--_—,,,..".,_ , anigrairAtp, .tto or! a 0,001.WA' Department Manager/SI pentisor: City Manager 'W.---- (Equal to or lager Ma • ,000) Funds appropriated for current fiscal year i NO .... _ Finance Director-(Equalto or greater then$5,000) Date Comments: Form 113-RequislOon , , 4- Kariann Olson • From: Kariann Olson Sent: Friday,January 21,2022 9:14 AM To: Karl Johnson;Miranda Iwamoto;Heather Rodriguez;Accounts Payable;Tami Campos Cc: Kariann Olson Subject: RE:PO request for VIRCO-unable to enter project# Okay, I will not enter the project#on the P0. Thank you. Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. • Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us 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 atz(541)488-5354.Thank you. From: Karl Johnson<karl.johnson@ashland.or.us> Sent: Friday,January 21,2022 7:38 AM To: Miranda Iwamoto<miranda.iwamoto@ashland.or.us>; Kariann Olson<kari.olson@ashland.or.us>; Heather Rodriguez<heather.rodriguez@ashland.or.us>;Accounts Payable<payable@ashland.or.us>;Tami Campos <tami.campos@ashland.or.us> Subject: RE: PO request for VIRCO-unable to enter project# I don't really need it in Project Accounting if it is not necessary. Thanks Karl Johnson,E.I.T.,Associate Engineer City of Ashland,Public Works/Engineering 20 East Main St,Ashland,Oregon 97520 P: (541)488-5587,TTY(800)735-2900 F: (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)488-5587. Thank you If you spend too much time thinking about a thing,you'll never get it done. —Bruce Lee From: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Sent:Thursday,January 20, 2022 4:17 PM To: Kariann Olson<kari.olson@ashland.or.us>; Heather Rodriguez<heather.rodriguez@ashland.or.us>;Accounts Payable<payable@ashland.or.us>; Karl Johnson<karl.iohnson@ashland.or.us>;Tami Campos 1 I <tami.campos@ashland.or.us> Subject: RE: PO request for VIRCO- unable to enter project# Hi Kari, It's not required for 704100,only 704200. However, if Karl wants to put it into Project Accounting, I can enter it. Thanks, Miranda Miranda Iwamoto,Accountant City of Ashland,Finance Department 20 E.Main St.,Ashland,OR 97520 Phone: 541-552-2006,TTY: 800-735-2900 Fax: 541-552-2059 iwamotom@ashland.or.us This email transmission is official business of the City of Ashland,and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error,please contact me at 541-552- 2006. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,January 20, 2022 4:05 PM To: Heather Rodriguez<heather.rodriguez@ashland.or.us>;Accounts Payable<payable@ashland.or.us>; Karl Johnson <karl.iohnson@ashland.or.us>;Tami Campos<tami.campos@ashland.or.us>; Miranda Iwamoto <miranda.iwamoto@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: PO request for VIRCO-unable to enter project# Hello, I am not able to enter the project number. VIRCO Curb and gutter replacement 081200 704100 Project#202116.XXX (Extension .999 is entered when the extension is not specified on the requisition.) Please advise. Thank you. • Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olsonOashland.or.us Visit the City's web site at: www.ashland.or.us 2 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)488-5354.Thank you. 3 • GOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) PROVIDER: VIRCO Custom Creations,LLC • CITY O F PROVIDER'S CONTACT: Sarai Virden ASHLAND 20 East Main Street ADDRESS: 7505 Hyatt Prairie Road Ashland,Oregon 97520 Ashland,Oregon 97520 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: (541) 973-9443 This Goods and Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and VIRCO Custom Creations,LLC,a domestic limited liability company(hereinafter"Provider"),for the City's Project No. 2021-16,the 2021-2022 Miscellaneous Concrete Project. • 1. PROVIDER'S OBLIGATIONS 1.1 Provide the replacement of approximately four hundred and twenty (420) linear feet of concrete curb and gutter for the City of Ashland 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;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; • Provider shall immediately notify the City of any change in insurance coverage Page 1 of 6: Goods and Services Agreement between the City of Ashland and VIRCO Custom Creations,LLC • 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. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 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. 2. CITY'S OBLIGATIONS , 2.1 City shall pay Provider the rates as set forth in Provider's complete, written Bid dated December 9, 2021, one of the SUPPORTING DOCUMENTS,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$43,238.00(forty-three thousand two hundred and thirty-eight U.S 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. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City isnot 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. Page 2 of 6: Goods and Services Agreement between the City of Ashland and VIRCO Custom Creations,LLC 1 ` I 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 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. 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.8 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. 3.9 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. 3.10 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. 3.11 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. 3.12 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. • 3.13 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 Page 3 of 6: Goods and Services Agreement between the City of Ashland and VIRCO Custom Creations,LLC • ' I 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). 3.14 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 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:" w The City's written Invitation to Bid dated November 22,2021. O The Provider's complete written Bid dated December 9,2021. 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 April 15, 2022, 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. Page 4 of 6: Goods and Services Agreement between the City of Ashland and VIRCO Custom Creations,LLC 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: Karl Johnson 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: VIRCO Custom Creations,LLC • Attn: Sarai Virden 7505 Hyatt Prairie Road Ashland,Oregon 97520 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 VIRCO Custom Creations,LLC 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. x` 1I11 CITY OF ASHLAND: VIRCO C torn Creatio s,LL (PROVIDER): By: By: • 2 City Manager Signature ( rata U 1 Printed Name Printed Name Date Title F7. ' Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: e1)2------ ,Katrina L.Brown,City Attorney • /?_�0- 0.2/ Date • Page 6 of 6: Goods and Services Agreement between the City of Ashland and VIRCO Custom Creations,LLC ' f • • CITY OF • ASHLAND DEPP RTMENT OF PUBLIC WORKS INVITATION TO BID 2021-2022 MISCELLANEOUS CONCRETE PROJECT Project No: 2021-16 ISSUE DATE: November 22,2021 BIDS DUE: December 9,2021 Not later than 2:00 PM Late bids will not be considered REFER QUESTIONS TO: Karl Johnson • Phone:541-488-5587 Email: Karl.JohnsonPashland.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: Karl.Johnson@ashland.or.us PRE-BID CONFERENCE:There will NO pre-bid conference for this project CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR.97520 • 541/488-5587 •• • CITY OF ASHLAND BID FORM Project No: 2021-16 Bid Title: 2021-2022 Miscellaneous Concrete Project / Bidding Lt Company Name: 1/, Gd. C ���;O/lf � �cCB No. �; 1 5' Bidder Address: 7s'S /4/4,Ppai/'/G R /' /9IAh!G i2k, if .._..) Bidder Contact: G, rf-6-6,01. Contact Telephone: S9s^'9 75 99'4/3 Contact Email: Vt(LGoc. .5?-amc.Q.-rATid0Si y .0, at Pursuant to an in compliance with the Bid Documents,the undersigned Bidder agrees to perform the Work for .., Caro the above-referenced Project for the following.Total Bid amount: Item; ' ,;Description; '. ;Qty, ::Unit ; 'Unit'Cost, .Bid:-Amount' 1 MOBILIZATION 1 LS $ $ 6“/.3 2 CONCRETE CURB&GUTTER 420 LF $ � -� $ 3l, (5--o 3 CONTINGENCY CONCRETE CURB&GUTTER 75 LF ' $ `-76 j — $ 5 „2.8_., TOTAL BID: $ 9,?J. -72"),20 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid Documents(Invitation to Bid, Instructions,General Conditions,Special Provisions,Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum,or unit price,all services, materials, labor, Equipment,and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time,materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 11 1 CITY OF ASHLAND 1 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 '4! ' V Signature of Bidder: C..Lw v .44..- Name(Printed): �j4 -` . V I 12_,C1 /moi Title: G ONZ-42— : 12-C-0 C ws -0.y CAisipti vV u5 LC-C. Date: -4--- -'°e"-' .t 70-21 *PLEASE RETURN THIS COMPLETED FORM TO KARL JOHNSON BEFORE 2:OOPM ON DECEMBER 9T",2021 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 12 / ® DATE(MMIDDIYYYY) AR o CERTIFICATE OF LIABILITY INSURANCE 12/16/2021 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Bryan O'Connell Huckleberry Insurance Services,LLC PHONE H Nr o.Ext): (855)2554825 FAX No): 322 Linden Ave EMAIL ti cerficae ucee ADDRESS: thklb @ rrycom Unit 466 INSURER(S)AFFORDING COVERAGE NAIL 11 South San Francisco CA 94080 INSURER A: Hartford Insurance Company 19682 INSURED INSURER B: Virco Custom Creations LLC DBA VIRGO INSURER C: 7505 Hyatt Prairie Road INSURER D: INSURER E: Ashland OR 97520 INSURER F: i _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 A Y Y 57SBMAP3VIG 01/01/2022 01/01/2023 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 _ X POLICY E. LOC — i PRODUCTS-COMP/OP AGG $ 4,000,000 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$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y I N PER ER ANYPROPRIETOR/PARTNER/EXECUTIVE n N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ i DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland,its Officers, ACCORDANCE WITH THE POLICY PROVISIONS. Agents and Employees AUTHORIZED REPRESENTATIVE 1 20 E Main Street g 0 Ashland OR 97520 I ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AIC DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/172021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE;COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME AUTOMATIC DATA PROCESSING INSURANCE AGENCY, INC. (AIC. (AIC.Not 1 ADP BOULEVARD E-MAIL Roseland, NJ 07068 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL#' INSURER A: AmGUARD Insurance Company 42390 INSURED INSURER B: Virco Custom Creations LLC INSURER C: 7505 Hyatt Prairie Rd INSURERD: Ashland, OR 97520-9443 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD SUBR POLICY NUMBER (MMIIDDmYY) (F MMDCDmYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 CLAIMS-MADE OCCUR PREM SEAMAGE S(OEa occurrence) $ 0 MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 0 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 POLICY n PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 0 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-MADEAGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBEREXCLUDED? NIA VIWC330097 01/01/2022 01/01/2023 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) • Employees: Full Time: 3; Part Time: 0 Governing Class Description: CARPENTRY NOC Exclusions: Saral Virden, Managing Member; CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Attn: Karl Johnson ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ate/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ProgressivePROGRESSIVE COMMERCIAL P.O.Box 94739 Cleveland,OH 44101 1-800-895-2886 Policy number: 954284632 Underwritten by: Artisan and Truckers Casualty Co NAIC Number:10194 December 17,2021 Page 1 of 1 Certificate of Insurance Certificate Holder Additional Insured City of Ashland 20 East Main Street Ashland,OR 97520 insured Agent Virco Custom Creations LLC PROG COMMERCIAL 7505 HYATT PRAIRIE ROAD PO BOX 94739 ASHLAND,OR 97520 CLEVELAND,OH 44101 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 vehicles. Policy Effective Date: Jan 1,2022 Policy Expiration Date: Jan 1,2023 insurance coverage(s) Limits Bodily Injury/Property Damage $2,000,000 Combined Single Limit Any Auto Bodily Injury/Property Damage $2,000,000 Combined Single Limit Uninsured/Underinsured Motorist $50,000/$100,000 Description of Location/Vehicles/Special Items Scheduled autos only 2012 FORD F150 1FTFX1 ET4CFA72903 Comprehensive $100 Ded Personal Injury Protection $15,000 Collision $100 Ded Rental Reimbursement $50 Per Day($1,500 Max) Roadside Assistance Selected Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(05/16) CITY OF • ASHLAND DEPARTMENT OF PUBLIC WORKS INVITATION TO BID 2021-2022 MISCELLANEOUS CONCRETE PROJECT Project No: 2021-16 ISSUE DATE: November 22,2021 BIDS DUE: December 9, 2021 Not later than 2:00 PM Late bids will not be considered REFER QUESTIONS TO: Karl Johnson Phone: 541-488-5587 Email: Karl.Johnson@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: Karl.Johnson@ashland.or.us PRE-BID CONFERENCE:There will NO pre-bid conference for this project • CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN STREET ASHLAND OR 97520 541/488-5587 CITY OF ASHLAND CONTENTS INVITATION TO BID 3 INSTRUCTION TO BIDDERS 4 1. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 4 2. BID DOCUMENTS 4 3. 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. CONTRACTORS INSURANCE AND INDEMNITY 7 Primary Coverage 8 Indemnification 8 4. HOURS OF LABOR 8 5. PREVAILING WAGE 8 PROJECT SUMMARY 9 1. BACKGROUND 9 2. SCOPE OF WORK 9 3. STANDARDS 9 4. CONTRACT TERMS 9 5. SUBMITTALS 9 6. MEASUREMENT AND PAYMENT 10 7. PRE-BID MEETING 10 BID FORM 11 EXHIBIT A 13 EXAMPLE CONTRACT FORM 24 " I 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 2 CITY OF ASHLAND INVITATION 2021-2022 MISCELLANEOUS CONCRETE PROJECT Notice is hereby given that bids for Project Number 2021-16: 2021-2022 Miscellaneous Concrete Project,shall be received by Karl Johnson,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 December 9,2021. 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 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 approximately 420 lineal feet of curb&gutter. 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 January 3,2022 and must conclude not later than March 31,2022. No Pre-Bid meeting will be held for this project. 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: November 22,2021 2021-2022 Miscellaneous Concrete Project Project No.2021-16 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.ofthe 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 no pre-bid meeting for this project however the multiple project sites are listed in this Invitation to Bid and prospective bidders may visit each site on their own. 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. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 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 issued will become a part of the agreement. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 5 CITY OF AS H LAN D 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 2796.100(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 anytime 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. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 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. 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'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. 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 2021-2022,Miscellaneous Concrete Project Project No.2021-16 Page 7 CITY OF ASHLAND 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 ,- a II losses, claims,actions,costs,expenses,judgments,subrogations,or other damages resulting from injury to any person (including injury resulting in death)or damage(including loss or destruction)to property,of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to,Contractor's employees,agents,and others designated by Contractor to perform Work or services attendant to this contract.)Contractor shall not be held responsible for any losses,expenses,claims, subrogations,actions,costs,judgments,or other damages,directly,solely,and approximately caused by the negligence of City. 4. Hours of Labor The Contractor shall notify the City of Ashland and obtain their approval at least 48 hours prior to undertaking any Work outside of normal working hours. Normal working hours for City staff are 7:30 AM to 4:30 PM, Monday through Friday,excluding holidays. 5. Prevailing Wage The Contractor agrees to comply with the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage law for proposed bid prices that exceed$50,000. The undersigned,as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative,if the Project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C.§276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx. . I 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 8 • CITY OF AS H LAN D PROJECT SUMMARY 2021-2022 MISCELLANEOUS CONCRETE PROJECT 1. Background The City of Ashland Street Department has established the list of streets that it will completing an asphalt overall on next calendar year. These curb and gutter have been assessed on these streets and a few areas of sections are in need of replacement before any of additional work connected to the overlays are completed. 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-furnish all materials to prepare and install approximately 420 linear feet of standard curb and gutter per ODOT Standard Drawing RD700(Effective Date:December 1,2021-May 31,2022). This shall include at a minimum: a. Supply and grade any necessary c. Concrete L base rock d. Labor b. Forms C. Contingency Concrete Curb&Gutter—this task is being included to cover the potential if short sections of additional curb and gutter is added to the proposed locations only,not additional locations. The City of Ashland Street Department will complete the'following: A. Traffic Control F. Supply any necessary piping to connect B. Erosion &Sediment Control existing weepholes C. Removal of existing asphalt adjacent to G. Repair of asphalt adjacent to new curb and existing curb and gutter gutter D. Removal of the existing curb and gutter H. Backfill of new curb and gutter E. Rough grade for new curb and 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 7 days prior to work beginning at any location. A contact phone number for Chuck is(541)951-0345. 3. Standards This project shall with the 2021 Oregon Standard Specifications for Construction 4. Contract Terms All work must start no earlier than January 3,2022,and must be completed in full not later than March 31,2022. 5. Submittals A. Submit Project Schedule for City review and approval within 14 days of Notice to Proceed. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 9 CITY OF • ASHLAND 6. Measurement and Payment Quantities of work performed under this contract will be measured according to the following: 1. Mobilization—lump sum 2. Curb&Gutter—linear foot 3. Contingency Curb&Gutter—linear foot 7. Pre-Bid Meeting There will be no Pre-Bid Meeting for this project. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 10 { CITY OF ASHLAND BID FORM Project No: 2021-16 Bid Title: 2021-2022 Miscellaneous Concrete Project Bidding Company Name: OR.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: [It em !r1Dec10, n ' , 'Q_ ;iU o ll �Bid;Amount, ty:.j .nit nt�Cost • No: . _ 1 MOBILIZATION 1 LS $ $ 2 CONCRETE CURB&GUTTER 420 LF $ 3 CONTINGENCY CONCRETE CURB&GUTTER 75 LF $ $ TOTAL BID: $ 1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into a Contract with the City of Ashland in the form included in the Bid.Documents(Invitation to Bid, Instructions,General Conditions,Special Provisions,Contract Form,and Exhibits)to complete all Work as specified or indicated in the Bid Documents for the Contract Price,within the Contract Time indicated in this Bid,and in accordance with the Bid Documents. 2. The undersigned Bidder understands that all Work will be performed under a lump sum or unit price basis and that for said lump sum,or unit price,all services,materials, labor, Equipment,and all Work necessary to complete the Project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of Work covered by the lump sum price, it shall be computed on a basis of"Extra Work"for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment,it shall be made only as a result of negotiation between the undersigned and Agency. 3. The undersigned Bidder understands that any estimate with respect to time,materials, Equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the owner,the City of Ashland,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 11 CITY OF ASHLAND 4. The undersigned Bidder acknowledges the following addenda have been received and examined as part of the contract documents: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Signature of Bidder: Name(Printed): Title: Date: *PLEASE RETURN THIS COMPLETED FORM TO KARL JOHNSON BEFORE 2:OOPM ON DECEMBER 9TH.2021 • 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 12 ti CITY OF ASHLAND EXHIBIT A • 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 13 ti } CITY OF ASH LAN D 2021-2022 Misc. Concrete Project — Curb/Gutter Replacement for Street Dept. Note: These photos have been included for reference only and do not represent the entirety of the section of curb and gutter that needs to be replaced at each location. Bidders are encouraged to visit each site in advance of providing a bid for the project looking at the areas that have been marked out. 15' -793 Elkader E • rio,•,--_,PN., - 11 1G 1 u, w, + ti '`.4.-.;41"''' ,v.:,-v,-.7.,..-$;,;,+::ir. alp s,S, 't'41rI-' • . U. .v • R.{'-e' l� hey,¢- `7 n 1 ,�.rf- ,,, H+ "tom•. � ` \ _ :r i.�aa„ '� tel' Ley!3 i�-' .F 1 is I a 53 '1• #.a 2'� ./ r+f- 5 �itJ fV,1104: -444'‘'--.' a .)irgrte -1_,s,,•••�' '"rf.2' + 7 w ere rit. FPi�. ,Ct 3ftui''L?-,4:-±"4:-*,...-yy� i [ .-"..-.-s A�" '�t4j`::;-:' t�.:''n!i� F.4, '�- l*"R't p a`V ?k )16A4F"i..r ` '' T'- %r✓ t, nn.4„J t-4. � O',y, . 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CITY OF ASHLAND 20' - 1096 Hillview • {';I! � T 1h ' r � f . Cf / {f , Sj 1i ( u .,:i( t6fiJ / / L . .iI I,, at l. i? 0 ' 1-hi—if-4-1-T- 0 . .___., ,,,,„,goit,-.. R.,....T7..,,,,4,...,7?.w.:,;,p;•,.,... , • . `03 �::..'srr*• r}'$� K . ?., t 1• +.? t. gryr5w ,; y ' ,..,....:„..„.„:„.„..,„.....4,.„,•.,..„2„..„.... .,./ 6 'm2fh_..4mo' r tak '„-<.' F•.'r ^1 + ' sJT:: it. y.. k. }Y i� ,'?T- w: `"" '+ :" . - l$ - , s "' erp R ;uY tsfrk ee ',„ ,,, :": "S'_�'�,,i_ Cp . t", 1.' fl .ts3z� sy� ' 1��� F. , r i4¢i fr ?sx.'J,'��'1+''�z,.rEE o irl' 'i.x� ," 4' a , l' `{ ',� r5' a... *` j' • 9r + c,�r' s'-v,�u- `.'�'. 1• `'1lk'p. .F:. \ , riffs` .-,y -,,,,-4,-"-.—,t;z1:,,,kr 4 •. �-"'4' "• ",hWM. `.. e• f t° r ,� s T+,+�^ `+ i• ,.mss . 1�e j-`�\,,-iT.-� .'A 7 r^ssl k, S�, , 14'.` j Z, .4, 7.1. h 7i,----`a r.r ',.)) ;.,t'. td'":,.',...y_ x. to .j.4,- rH1 ''„ -' — '� .-^ ,� . s i .T i t ' ' , '477,4li,:::' T''''Al '' '.-''* 1.1.*- 1440,-;,),•..,*4.'-.'.'' ' t s3, /., , . 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''4 K !•= 1 . i4 ;:inti ,(4 x�4tn 'i ;$-V(! q3 L 4 t' ° `'tf i( 1 '41) l 1� h.�. 1LT S �Y' ' { J`Z*rlMt �+,iex� fi���,` � 1 ! . kyr rt T $inti j U 3 ik� 1tit l i f+ f i �+j "' .1_ 0?;.vtii,fig u tlk i;la 1:` t S,AL.' i y, te.x„l_ �1!^f :s je','r 4:4r Piu,fp `t 2�1 t Vk s +S .�,m /rc4iPrg )�Y t�' Y�;1r3 y' '�'t � 1 ,h, r„ ♦�� ) S{' R I �9 li' 1 t V-`�'e 3 ry:� .��.:d.tLs . ,iJ ' :.. x��'�e".- ,:i2iL�.y3�9♦. t t �P 1 v H� .�[{{}�,y� t�r !�`A�f�a 2021-2022 Miscellaneous Concrete Project Project.No.2021-16 Page 23 s CITY OF AASH LAN D EXAMPLE CONTRACT FORM • ( 2021-2022 Miscellaneous Concrete Project Project No.2021-16 Page 24 ...III V t' ASHLAND GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: CITY OF -,SH LAN D PROVIDER'S CONTACT: 20 East Main Street Ashland,Oregon 97520 ADDRESS: Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: • This Goods and Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City")and XXXXXXXXXXXXXXXXXX, (a domestic/foreign business corporation) ("hereinafter"Provider"),for(give very brief description of goods and services to be provided). 1. PROVIDER'S OBLIGATIONS 1.1 Provide more detailed description of goods and services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as,herein provided for authority to exceed the maximum compensation. The 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 1 of 6: Goods and Services Agreement between the City of Ashland and XXXXXX .1..I I I V r 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 livingwage, 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 2.1 City shall pay Provider the sum of $XXXXXX (could be hourly rate.OR lump sum amount please refer to • Proposal)as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$XXXXX (this is maximum, not to exceed amount of ENTIRE Agreement) without express,written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and X OCXX • v r ti -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 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 Page 3 of 6: Goods and Services Agreement between the City of Ashland and XXXXXX II VI' • 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 XXXXXX(Request for.Proposals,etc.) dated XXXXX. • The Provider's complete written XXXXXX dated XXXXXX. 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 XXXXXXXX, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty(30) days' prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause, by not less than fourteen(14)days' prior written notice if the cause is not cured within that fourteen(14)day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail,return receipt requested, postage prepaid,to the address set forth below: Page 4 of 6: Goods and Services Agreement between the City of Ashland and XXXXXX a.11 I Jr ASHLAND 1 If to the City: City of Ashland-XXXXXX Department Attn: XXXXXXXXXXXXXX 20 E. Main Street Ashland,Oregon 97520 Phone: (541)488-XXXX With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland,OR 97520 Phone: (541)488-5350 If to Provider: Provider's name Attn:XXXX XXXXXXX 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall,throughout the term of this Agreement, including any extensions hereof,comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (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 XXXXXX {..i I t ...yr 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: XXXXXXXXXXXXXXXXX(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 XX3OOOC :. . Legal Department Review :` DOCUMENT TRANSMITTAL AND CONTROL . This form willl:accompany'the.document Through thetdraftii g,review,and signature processes,and,:will'' - , be kept with;the4Ciity's final executedccopy, h of te document 'R . equ ;fields s are}indicated in.sgray�scale;, . Document: Vireo contract packet _- _ v . (Include naiies of paities 1o'Uie docutueig) _ Type of Document:-' Contract B L`easeEl' • Easement E : 0.0.64.:0' IGA Q; -• - Other;(Spec ); :. . Dept Contacts Tame De Mille-Campos K i " ACTION{REQUESTED ' Dept;Public works :;Phone: Ext:2420 _. - i: , , •' - E Review Draft' Date submitted to Legal 12n7/202i D Approve finaland forward•to Draft,due by!-..,ASAP -- • - _ ,- w -- nless'indreated,Leal.will,etiii.n document lb ou Return Requested'by Tame M i Dille=Campos : :Complete this section ONLYtfie first time this for.*is'filled-out i, , ass. ,Hthidocument been.previously worked�on;bythe Legal Dept Staff? ',ill No- ❑ Yes - 1 I: :If yes, by whom? 1 f ' -LEGAL DEPT .• ` First Date Received by Legal Date .�17-/17`,/a- By: i ' USE ONLY Returned toDept;foi Revision 'Date:: ., -„ • . Received for additional review by Legal Date _. By ' - . , itetiiMedtd p for Revision : ': Date : . By: j.- . : - . :. Reeved for additional review by Legal ."Date;- `,. By: 1: - : - - , Returned to Dept for Revision, • Date By ` j I ' Received for Additional Review by Legal :Date: . - By: Returned to-Dept for Revision . .Y , ' ' Date: - - By ,_,. `Final;LoggedLciggCd out;byLeal Date o ''Z/' By �G Comments from LEGAL to DEPARTMENT: Comments,from`DEPARTMENT to-LEGAL . : .CI See Attached /✓.ee .. ai/ Q.; � '-',,.-:Ai,::,- -. s 4 {• 'Return original executed document to7C ty- - Doesa>this document,need tto;be recorded? R �, 0 1N7o� E.Yes ; ,. . ecorder forsafekeeptng, ❑ `No _ . Yes - ��;' - CITY ADMINISTRATOR/DE'ARTMENT'HEAD i , Please.do not,si n the attached document until'this'for bee j/ v roved bythe Leal.ie pt below g. . , � , g P . 1 , - FINAL L•EGAL DEPARTMENT APPROVAL �®®: _. .. Date - 14...eo -EZ t r --G UcgallDEPARTMPNTS\Contractiiig\roRMS\Legal Doc Transmittal KLB docx � 1 tal THE so� HARTFORD JANUARY 8, 2022 Policy Number: 57 SBM AP3V1 G HOW TO REACH US Policy Holder Name:Virco Custom Creations LLC If you have questions your can: reach The Hartford thejollowing.. Enclosed please find information pertaining to your policy. Please contact (ways: , us if you have any questions or concerns. ONLINE BY VISITING Thank you for selecting The Hartford for your business insurance - , httpsf/agency.thehartford:com 1 needs. 'POLICY QUESTIONS:, "" Sincerely, 1=886467-8730, rMonday:-Friday. ;; The Hartford 7'p:m CT 24'HOUR.0LAIMS,HOTLINE _ 1'800-327-3636; always open " J SC 50 53 10 18 • ` Policy Change : THE HARTFORD Business OPolicy Policy Number: 57 SBM AP3V1G Insurer: Hartford Underwriters Insurance Company, a Policy Period: 01/01/2022 to 01/01/2023 property and casualty company of The Hartford. Named Insured and Mailing Address: Virco Custom Creations LLC, One Hartford Plaza, Hartford, CT 06155 VIRCO, 7505 HYATT PRAIRIE RD, Name of Agent/Broker: ASHLAND, OR 97520-9443 HUCKLEBERRY INSURANCE SVCS LLC 800 N HIGH STREET Policy Change Number: 1 COLUMBUS, OH 43215 Policy Change Effective Date: 01/01/2022, Code: 57550172 Effective hour is the same as stated in the Declarations Page of the Policy. Coverage Parts Affected: Liability Common This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts. As a result of the changes described herein, there is an.additional $24 premium in the amount'of: *Price is subject to fees and surcharges Countersigned by: ��- p4: qQ 01/08/2022 Authorized Representative Date • Form SC 00 06 1018 Page 1 of 2 Process Date: 01/08/2022 ©2018, The Hartford Policy Expiration Date: 01/01/2023 (May include copyrighted material of Insurance Services Office, Inc., with its permission) jfT Policy Change: THE Business Owner s PolicyHARTFORD The following Additional Insured has been added as an Additional Insured-Designated Person or Organization. • Additional Insured Name City of Ashland,its officers,agents and employees,20 E Main:,Street,ASHLAND, OR 97520 ,,: Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. FORM NUMBER FORM NAME `COVERAGE PART SC 00 06 10 18 POLICY CHANGE Common • ADDITIONAL INSURED_� SL 30 421018 DESIGNATED.PERSON OR Liability ' ORGANIZATION Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. FORM NUMBER FORM NAME I COVERAGE PART SPECTRUM SUPPLEMENTAL _ SC 00 02 10 18 SCHEDULE OF AUDITABLE Common COVERAGES Form SC 00 06 10 18 Page 2 of 2 Process Date: 01/08/2022 ©2018, The Hartford Policy Expiration Date: 01/01/2023 (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. X41 THE HARTFORD SPECTRUM SUPPLEMENTAL SCHEDULE OF AUDITABLE COVERAGES This schedule reflects only those classes and/or coverages that are subject to audit. POLICY NUMBER: 57 SBM AP3V1 G Revised: 01/08/2022 Entries herein, except as specifically provided elsewhere in this policy, do not modify any of'the other provisions of this policy. Auditable Coverage Description: LOC 1, BLDG 1: 7505 HYATT PRAIRIE RDASHLAND,OR 97520-9443 Class Code: 17921 Class Code Description: Concrete Finishing-Residential-foundations/sidewalks Coverage Description Rating Basis Exposure Final Rate Electronic Media Liability Premops Payroll 15,600 , 1.090000 Electronic Media Liability Product Payroll 15,600 0.513000 Liability and Med Exp Payroll 15,600 37.756000 (Premises/Completed Operations) Products-Completed Operations Payroll 15,600 17.756000 Form SC 00 02 10 18 Page 1 of 1 Process Date: 01/08/2022 ©2018, The Hartford Policy Expiration Date: 01/01/2023 (May include copyrighted material of Insurance Services Office, Inc., with its permission) fy J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THEW' HARTFORD • ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A.' The following is added to Section C.WHO IS AN INSURED: Designated Person Or Organization a. The person(s) or organization(s) shown in the Declarations as Additional Insured — Designated Person Or Organization is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; or (2) In connection with your premises owned by or rented to you. b. If coverage provided to these additional insureds is required by a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement, or permit to provide for these additional insureds. c. The insurance afforded to these additional insureds only applies to the extent permitted by law. B. With respect to the insurance afforded such additional insured(s) by this endorsement, the following additional exclusion is added to Section B. EXCLUSIONS: This insurance does not apply to "bodily injury" or"property damage" included within the "products-completed operations hazard". • Form SL 30 42 10 18 Page 1 of 1 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)