HomeMy WebLinkAbout2021-193 Agrmt- Overstreet Landscape& Hydroseeding Inc •
• GOODS 8i SERVICES AGREEMENT(GREATER THAN$25,000) •
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PROVIDER: Overstreet Landscape&1-Iydroseeding Inc._
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CITY o f PROVIDER'S CONTACT: Ron-Overstreet
'ASHLAND
20 East Main street • ADDRESS: PO Box 1071
Ashland,Oregon 97520 • Eagle Poiiit,OR 97524
• Telephone; 541/488-5587 •
Fax: -541/488-6006 •
PHONE: 541-821-18.63
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6 This Goods and Services Agreement (hereinafter "Agreement") is entered into by. and between the City of
Ashland,an Oregon municipal corporation(hereinafter"City")and Overstreet Landscape and Hydroseeding;Inc., •
a domestic business corporation("hereinafter"Provider"),for Landscape and Irrigation Improvements at Ashland •
Municipal.Airport.
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1. PROVIDER'S OBLIGATIONS.
. 1.1 Provide.Landscape and Irrigation Improvements-at Ashland Municipal Airport 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 maxunum compensation. The goods and services
defined and described in the"SUPPORTING DOCUMENTS"shall hereinafter be collectively referred .
to as"Work." ' •
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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: '
o Comprehensive General or Commercial General Liability, including personal injury,
contractual liability,and products/completed operations coverage; and
O Automobile Liability. .
• 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a"claims made"form,and .
shall:
o 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;
- o Apply to each named and additional named insured as though a separate policy had been
issued toeach,provided that the policy limits shall not be increased thereby; .
•o 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 ofliability; •
o Provider shall immediately notify the City of any change in itisurance coverage .
Page 1 of 6: Goods and Services Agreement between the City of Ashland and Overstreet Landscape&Hydroseeding Inc. •
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FORM #3 • CITY OF.
ASHLAND
A request for a Purchase Order
REQUISITION Date of request: 03102/2'021
Required date for delivery:
Vendor Name - Overstreet Landscape&Hydroseeding Inc. :
Address,City,State,Zip PO Box 1071 Eagle Point,OR 97524
Contact Name&Telephone Number 541-821-1863 Ron Overstreet
Email.address
SOURCING METHOD '
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption; ❑ Invitation to Bid 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 El Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: . ❑ State of Oregon
❑ Direct Award _(Attach copy of council communication) Contract#
❑ VerbaWVritten bid(s)or proposal(S) ❑ 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 ❑ Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 andless than$100,000 ❑_Written quote or proposal attached Intergovernmental Agreement
El (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES ❑ ;Special Procurement 0 Annual cost to City does not exceed$25,000.
.Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by
O Less.than$35,000;by direct appointment 0 Written quote or proposal attached . City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council
O Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost
Landscape and Irrigation Improvements at.Ashland Municipal Airport
i$6'75,811,:09;,
Item# Quantity Unit 'Description of MATERIALS Unit Price Total Cost.
❑■ Per attached quote/proposalTOTALGCOST:'
Project Number 2 0 1 9 1 2. !Amu:Of-Number U a a 7 0 . '
Account Number - Account Number 0 8 5 7 '0 0.7 0 n 1 0 01-16„.0611. 00
'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 INo
By signing this requisition form,I certify:that the City's public contracting requirements have been satisfied.
Employee: IDUMdo Department Head: IP7��.'
Equ• t,!or greater
Department ManagerlSupervisor City Manager: $5, .
(Equal t' r greater than$25,000)
Funds appropriated for current fiscal year: YES/NO
Finance Director-(Equalto orgreater ihan$5,000) Date
Comments:
Form 113-Requisition
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o 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.
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1.3 All subject.employers.working under this Agreement are either•eniployers that will comply with ORS •
656.017 or einployers'that are exempt under ORS 656:126. As evidence o1'the insurance requited by .
this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any
Work under this Agreement: •
•1.4 Provider agrees that no,person shall, on the grounds of race, color, religion,creed, sex, marital status,
familial status or domestic„partnership, national:.origin, age, mental•or physical disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this •
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
- federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees •
not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned
business, a business that a service-disabled veteran owns or •an emerging small business enterprise
certified under ORS.200.055,in awarding subcontracts'as required by ORS 279A.110.
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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 $22,002.43 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 undei.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$75,811,00 (seventy-five thousand eight hundred eleven dollars)
as provided herein as full compensation for the.Work as specified in the SUPPORTING DOCUMENTS,-
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OCUMENTS.-2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of$75,811.00(seventy-five thousand eight hundred eleven sonars)without express,written
approval from the City official whose signature appears below, or such official's successor in office. •
Provider expressly acknowledges that.n0 other Berson has authority-to order or authorize addition it
Work which would cause this maximum sum to be exceeded and that any authorization from llie
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 fa
volunteer without expectation of compensation or reimbursement.
• 3. GENERAL PROVISIONS •
3.1 This is anon-exclusive Agreement. City is not obligated to procure any.specifie 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 Overstreet Landscape&nydrosecding Inc.
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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 filly 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 ielationbetween the assignee •
or subcontractor and the City.
• 3.5 This Agreement embodies the frill 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. •
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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,ORS 279B.225 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 distract of Oregon Each,party
expressly waives'ariy 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 vende
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, shits, 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 i greeinent.
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. •
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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 il.enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
3.12 Deliveries will be r.O.13 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.
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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
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does not cure any defects within a reasonable time, the City may reject the Goods and cancel this
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Page 3 of 6: Goods and.Services Agreement between the City of Ashland and Overstreet Landscape.&Hydroseeding Inc.
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Agreement in whole or in part. This paragraph does not affect or limit'the city's rights, including its
rights under the Uniforin Comineicial 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
The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively
referred to in this Agreement as the"SUPPORTING DOCUMENTS:"
.0 The City's written Invitation to Bid dated December 17,2020. .
o The Provider's complete written.Bid dated January 28,2021. . :
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 atonies 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 puisne ..
• 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.II'.previous:amounts paid to Provider exceed the amount due,Provider shall pay
• immediately any excess to City upon Written demand provided. 1
6: TERM AND TERMINATION
6.1 Term .
This Agreement shall be effective froth 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, 2022, unless sooner
terminated as provided in Subsection 6.2.
6.2 Termination •
• 6.2.1 The City and Provider may-teminate.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 deemedappropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement,with cause,'by not less than fourteen(14)days' prier
written notice if the cause is not cured within that fourteen•(14) day period after written notice. '
Such terinination is in addition to and not in lieu of any other remedy at law or equity.
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7. NOTICE
Whenever notice is required;pr 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 nail, return receipt requested, postage prepaid, tothe.:
address set forth below: .
Page 4 of 6: Goods and Services Agreement between the City.of Ashland and Overstreet Landscape&Hydrosceding Inc. .
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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 acopy to:
City of Ashland—Legal Department . .
• 20 E.Main Street • . .
Ashland, Oregon 97520 • - •
Phone:.(541)488-5350 ..
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If to Provider:
Overstreet Landscape&I.lydroseeding Inc.
PO Box 1071 .
Eagle Point,OR 97524 - , ,
8. WAIVER OF BREACH '
One or more waivers or failures to object by either patty 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; arid . . . . .
(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 period of no fewer than six(6) calendar years preceding the Effective Date of this
Agreement, has faithfully complied with: .
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(i) All tax laws of the State of Oregon,.including but not limited to ORS 305.620 and ORS
chapters 3.16,31.7,and 318;
(ii) Any tax provisions imposed by apolitical subdivision of the State of Oregon applicable to
Provider;and 0
(iii) Any rules,regulations,charter provisions,or:ordinances that implement or enforce any.of •
the foregoing tax laws or provisions.
9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws;of any
political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, .
. any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of
this Agreement: Any material breach of this Agreement shall entitle the City to terminate this
Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity.
Page 5 of 6: Goods and Services Agreement between the City of Ashland and Overstreet Landscape&I-lydrosecding Inc. i
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IN WITNESS HER E OF 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. •
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CITY OF ASHLAND: : OVERSTREET LANDSCAPE&HYDROSEEDING'INC.
(PROVIDER):
By: BY: ,:l..(` ,h.1:ii i CJI+
. City Manager Signature
Printed Nme Printed Name
/2( • : JR,14.4ailLa7
Date • • Title .
• Date
Purchase Order No. (W-9 is to be submitted with this signed Agreement)
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APPROVED AS-TO FORM:
Gig / . - de,
`Assistant City Attorney
• may. '
Date •
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•Page 6 of 6: Goods and Services Agreement between the City of Ashland and Overstreet-Landscape&Hydrosceding Inc.
Bid Form
Ashland;Municipal Airport 403 Deadllridian Memonal"RoadAshland, OR 97520"~ :
Dwg .- Spec . --- ._ . item Descriptiori; -.ti . ; Qty ..=Unit , U hit=Cost ,�ry. Total Cost,
#2-L2.3 %"Zurn 350XL Double-Check Valve Assembly 1 Each �9S`o Ligs..o
#4-L2.3 1 %4" Brass Shut Off Valve 1 Each 1 z.ct.0 1 22i'°
#1-L2.3 1".Pressure Regulator(Zurn 1-600XL or approved equal) 1 Each 1(0S-1P 1(.05-Ge
L1.3- 1" Brass Manual Drain Valve (Watts WGV-X, Champion 100 ,o
2.10B or approved equal) 1 Each `.Zc'do t 2-1
wo
#5-L2.3 1" Hunter ICV-101G 5 Each a3e1" t t Q 5-
Controller
#7-L2.3 Hunter XC-600 with solar sync 1 Each 31'TIT' 3 fite.
Sprinkler Heads and Bubblers on Swing Joint
Hunter RZWS-18-25-CV 14 Each. LZieq l$d(o•c
Hunter 12" PRS40 • 72 Each a5°° Iveo.0
#6-L2.3 Hunter 6" PRS40 68 Each . M.° [2-g26
0
Hunter MP Rotator Nozzles 140 Each Sv0 ?0000
Valve_Boxes.
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- Ametek brand or equal (of sufficient size to house''one or more 7 Each os° pO
L2.3 valve as needed) - (it LI 83
Pea Gravel in bottom of. boxes (4" depth) 1 , Each t 2 �0 12-4i io
TOTAL COST.. - ,-'r
GRAND TOTAL COST : . _ . .._
Written Cost,'in Dollars: �.vev 4 �;oe 4{hoN SGl.Noi Li.s1A4-iwarvi te��Pv.ol_ [an.o N (00•
Bidder Signature: Cyt Date: [-ZR-anal .�6VERSTkF ::.
Name: 0 � 2-�`4
e{ 42 _'t eTitle: I_e_Sildau . =0 :,u,
o LANDSCAPE&HYDRO I_
Project No.2019-12 Ashland Municipal Airport Landscaping&Irrigation Improvements. Page 10 of 17 •-.0 Ogm O
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CITY OF
-ASHLAND
Public Works Department
20 East Main Street
Ashland, OR 97520
INVITATION TO.BID-TRADE SERVICES
INTERMEDIATE PROCUREMENT
RELEASE DATE:December 17,2020 PROJECT NO:2019-12
PROJECT NAME:Ashland Municipal Airport Landscape and Irrigation Improvements
PROJECT LOCATION:403 Dead Indian Memorial Rd,Ashland OR,97520
REQUESTED BY)PROJECT MANAGER KayleaKathol,PMP,541-488-5587,kaylea:kathol@ashland.or.us
ashland.or.us
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BIDS DUE: January 28,2021 METHOD OF AWARD: ORS 279B.070(4) for
Not later than 2:00 PM Intermediate Procurements. If a contract is awarded,
Late bids will not be considered the contracting agency shall award the contract to the
offeror whose quote or proposal will best serve the
PROJECT COMPLETION: interestsof the contracting agency,taking into account
June 30,2021 (Construction) price as well as considerations including,, but not.
June 30,2022(Establishment/Maint.) limited to,experience,expertise,product functionality,
suitability for a particular purpose and contractor
PRE-BID CONFERENCE: There will a mandatory -responsibility under ORS 279B.1.10.
pre-bid conference on JANUARY 14,10:00 AM at the
Ashland Municipal Airport:parking lot (403 Dead MINIMUM INSURANCE:The City requires liability
Indian Memorial Rd,Ashland,OR 97520). insurance including commercial, general . liability
insurance with a .combined single limit, or the
SCOPE OF SERVICES: The City of Ashland(City) equivalent,of not less than$2,000,000 per occurrence
is seeking bids for landscape.construction services at for Bodily Injury and Property Damage.Insurance shall
the Ashland Municipal Airport. The entry road to the include the following coverages: 'Comprehensive
airport is over 400 feet in length and is lined on both General or Commercial General Liability, including
sides by planters. Currently,the only vegetation in the personal injury, contractual liability, and
planters are flowering plum trees and weeds. An old products/completed operations coverage; and
irrigation system is present but not operable. The work Automobile Liability.
contemplated under this ITB includes improvements to
the landscaping and irrigation systems in the planters: BUSINESS LICENSE REQUIRED: The successful
The City previously retained the services of KenCairn. Bidder shall, prior to starting Work, obtain a City of
Landscape Architects to develop plans, details, and
Ashland Business License. Subcontractors on the
specifications(construction documents)for the desired
improvements. These construction documents are Project shall also be required to have a current business
included as supporting documents to this solicitation in license. Licenses may be acquired through the City of
Exhibit A. The successful bidder shall provide Ashland Utility Office during regular business hours.
material, tools, Equipment and labor to complete the
Project according to all requirements specified in the
bid documents and supporting:documents.