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HomeMy WebLinkAboutItem 11 Veteran's Memorial Plaza Intergovernmental Agreement AGENDA ITEM SUMMARY Meeting Date: 3/20/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Niel Laudati/CMO Staff Phone No: X3780 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: VETERAN’S MEMORIAL PLAZA INTERGOVERNMENTAL AGREEMENT ACTION REQUESTED: Approve the Intergovernmental Agreement (IGA) with Willamalane for the city’s participation in the construction of the Veteran’s Memorial Plaza and authorize the City Manager to sign the IGA. ISSUE STATEMENT: As part of the City’s CMO initiated art projects, the City Council approved an art installation honoring women who have served – one of the only projects of its kind on the west coast. Prior to the planned November 2017 installation, the city worked in partnership with Willamalane Park and Recreation District (WPRD) to upgrade the non ADA-accessible plaza around the previous Vietnam memorial. The design is vital to the long-term success of the women’s sculpture and includes a visitor’s walkway and space for future memorials and art. As part of the upgrade, City staff worked with representatives of VFW Post 3965 to redesign and produce an updated Vietnam Veteran’s Memorial. The plaza and memorial were dedicated on Veteran’s Day 2016. ATTACHMENTS: 1. Willamalane Parks and Recreation District-City Intergovernmental Agreement 2. Photos DISCUSSION FINANCIAL IMPACT: Willamalane Parks and Recreation District entered into a contract with Brown Contracting, Inc. for construction of the site improvements. The total costs were approximately $140,000. The city contributed $69,238.60 for the project which included a grant from the State of Oregon Veteran’s and War Memorials in the amount of $52,405 and donations from Springfield Utility Board ($5,000), Lane County Commissioners ($2,000), both local Springfield Lion’s Clubs ($2,000 each) and transient room tax contributions. The grant was received by the City on January 17, 2017. Intergovernmental Agreement Between The City of Springfield and WiLLAMALANE PARKS AND RECREATION DISTRICT FOR THE Veterans Memorial Plaza #1755 BETWEEN;CITY OF SPRINGFIELD,a municipal corporation ofthe State ofOregon ("City") AND:WILLAMALANE PARK AND RECREATION DISTRICT,a political subdivision oftheStateofOregon ("WPRD") EFFECTIVE DATE:February , 2017 RECITALS A.ORS 190.010 provides that units oflocal government may enter into agreements for the performance ofany and all functions and activities that any party to the agreement,its officers, or agents have authority to perform. B.WPRD isthe owner ofthat certain realproperty commonly known as Willamalane Park (the "Property")and as further described as Map and Tax Lot.No.:17-03-35-11-01599,all located in Lane County,Oregon,and as further depicted inExhibit A,attached hereto and hereby incorporated herein. C.WPRD and City intend tocreate a Veterans Memorial Plaza on the Property that incorporates the existing veteran's memorial (the "Project").Elements consisting ofthe Project are further depicted in Exhibit A. D. WPRDhas enteredintoa contractwith BrownContracting,Inc.for construction ofthe site improvements for the Project as depicted in Exhibit A,based upon the contract price for the construction contract between WPRD andBrownContracting,Inc.'s $117,823.00,whichis attachedasExhibitBand incorporated hereinby reference. E.The City ofSpringfield has received a grant from the Oregon Park and Recreation Department Heritage Program (the "Grant"),including funds for the City to construct and install a bronze Women Veterans Memorial Sculpture ("Women Veterans Memorial Sculpture")which isto be part ofthe Project.Acopy ofthe grant agreement isattached as Exhibit Cand incorporatedby reference herein. F.The Veterans of Foreign Wars Post 3965 has conducted a fundraising effort to raise $4,000 infunds for a new stone and glass monument in memorial to Vietnam War Veterans (the IntergovernmentalAgreement (Veterans Memorial Plaza)-Page 1of 6 Attachment 1, Page 1 of 21 "New Vietnam War Memorial") to which the City has contributed additional funds, which is to be installed on the Property and is a part ofthe Project. G. TheProjectincludes elements suchas benches andflagpolesthataretobe donated orfor whichfundingwillbeprovidedby Springfield UtilityBoard,localcivic organizations,andother third-party entities. H. Final construction costs for the Project,not including the New Vietnam Veterans' Memorial and Women Veterans Memorial Sculpture and in-kind or cash donations from third parties, were approximately $140,000. NOW,THEREFORE,in consideration ofthe foregoing recitals, which are expressly made a part ofthis Agreement, the parties agree as follows: 1.Women Veterans Memorial Sculpture.The Women Veterans Memorial Sculpture will be locatedwithinthe Propertyat approximately oneof the locationsdesignated withthe number two(2)in Exhibit A. The parties will mutually agree tothe specific location where the Women Veterans Memorial Sculpture will be installed.The City will commissionthe WomenVeteransMemorial Sculptureandshallmanageall aspectsof the commission,not including installation.TheCitywillretaintitleandall property rightsto the Sculpture thatare consistent withthis Agreement,including intellectual property rights.In no event shall WPRD move the Women Veterans Memorial Sculpture from its installed location without prior written consent ofthe City. 2. New Vietnam War Memorial.The New Vietnam War Memorial will be located within the Property at approximately the locations designated with the number six (6)inExhibit A.The City has contributed funds to supplement the funds raised by VFW Post 3965. The New Vietnam War Memorial will become the property ofthe VFW Post 3965 for a period of five years from the time of installation,including all intellectual property rights. After five years,property rights,including all intellectual property rights,totheNew Vietnam War Memorial will revert to the City. 3.Veterans Memorial Plaza,WPRDwill retain title and all other property rights to the Veterans Memorial Plaza,including intellectual property rights,to all property and improvements located at Map and Tax Lot.No.:17-03-35-11-01599,except where property rights are specifically provided for otherwise inthis Agreement,including,but not limitedto, the New VietnamWarMemorialand the WomenVeteransMemorial Sculpture. 4.Construction Management WRPD will manage construction ofthe Veterans MemorialPlazaas shownin ExhibitA, includingtheNew VietnamWar Memorial, except that installation ofthe Women Veterans Memorial Sculpture will besupervised by the City or its agent. IntergovernmentalAgreement (Veterans Memorial Plaza)-Page 2of 6 Attachment 1, Page 2 of 21 5.Contributions.Each party agrees to contribute as follows: a.Amounts. i.WPRD shall contribute an amount not to exceed $69,583.64 to the construction ofthe Project. Except for cost overruns associated with the Women Veterans Memorial Sculpture as specified in 5.a.iii., WPRD and Cityshallshareequallyany costoverrunsassociatedwiththe Project. ii. Cityshallreimburse WPRD for construction costsupto $69,238.60 for the Project,whichshall include anyamountcontributed incashorinkind by any third-parties. iii. In addition to the amount specified in 5.a.ii., City shall contribute an additional amount not to exceed $60,000 for the commission of the WomenVeteransMemorial Sculpture.Suchfundswillbemanagedby theCity directly and shall notbe included intheCity's contribution under section 5.a.ii.Cityshallbe responsible forcost overruns forthe commission or installation ofthe Women Veterans Memorial Sculpture. iv. In additionto the amountspecifiedin 5.a.iiand 5.a.iii.,Cityshall contribute an amount not to exceed $8,000 toward the New Vietnam War Memorial. This is in addition to funds contributed by VFW Post 3965. City shall pay funds directly tothe supplier ofthe New Vietnam War Memorial.City shall be responsible for any cost overruns associated with the New Vietnam War Memorial. b. Method ofContribution. WPRD will submit invoices to City for all construction costs incurred by WPRD for the Project,up to the City's maximum contribution specified in Section 5.a.ii.,not more frequently than monthly.Invoices shallbesentto:Accounts Payable,City ofSpringfield,225 5th Street,Springfield,Oregon,97477 orby email to ap@springfield-or.gov.City will pay WPRD's invoices within thirty (30)days of receipt.The invoice must reference this Contract #1755 and approval code #010. 6.Maintenance and Ongoing Costs. a.City shall maintain the Women Veterans Memorial Sculpture as required by the Grant Agreement attached hereto asExhibitC. b. Cityshall maintain theNew Vietnam War Memorial. c. WPRD will maintain all other elements ofthe Veterans Memorial Plaza or constructed bythe Project,exclusive of the Women Veterans Memorial Sculpture and the New Vietnam War Memorial. d.WPRD shall pay all utilities,including,but not limited to,electricity and water. e.WPRD shall beresponsible for installing and maintaining lighting for the Veterans Memorial Plaza. Intergovernmental agreement(Veterans Memorial Plaza)-Page 3 of6 Attachment 1, Page 3 of 21 7.Interpretive Signs. City and WPRD will share equally costs for internal interpretive signage. Priorto any design,solicitationor installation.Cityand WPRDwilljointly agree to a budget, design elements, timeline and roles and responsibilities. 8.Future Veterans Memorial Plaza Changes.City and WPRD will collaborate and mutuallyagreepriorto anyfuturePlazachangesor additions,includingbutnot limitedto changesto the MemorialPark footprint,ADAaccessibleparkingandadditional memorials. 9.Compliance with Grant Agreement As a recipient ofthe Grant described in Recital E and attachedas Exhibit C,the City is subjectto the StandardTermsand Condition ofthe GrantAgreement.To assistthe Citywith complyingwithits requirements underthe GrantAgreement,WPRD agreesthatit will comply withthe requirements inthe following sectionsof the StandardTermsandConditions(Attachment B)to theGrant Agreement in performance under this Agreement: a. Section4, EmploymentPractices Clause; b.Section 5,Statement of Support; and c.Section 16,Memorial Maintenance. 10.Modifications.Any modifications tothisAgreement mustbe mutually agreed upon in writing and signed by both parties. 11.Administration.Each party designates the following person asits representative for purposes of administering this Agreement.Either party may change its designated representative by giving notice totheotheras provided in Paragraph 15. For CITY:For WPRD: Niel Laudati Eric Wold CityManager Office Assistant Superintendent City of Springfield Willamalane Park and Recreation District 225 5'^Street 250 S.32nd St. Springfield,OR 97477 Springfield,OR 97477 541 -726-3708 541-736-4100 nlaudati@springfield-or.gov ericw@willamalane.org Intergovernmentalagreement (VeteransMemorial Plaza)-Page 4 of 6 Attachment 1, Page 4 of 21 12.Term of Agreement.This Agreement shall be perpetual unless terminated prior to February1,2037by mutualagreementin writingandsignedby bothparties. Onor after February 1,2037,this Agreementmaybe terminatedby eitherpartyon 30-dayswritten notice to the other party. 13.Assignment. Neitherpartyshallassignthis Agreement,inwholeor in part, orany right or obligation hereunder, without the other party's written approval. 14.Compliance with Laws and Regulations.Eachparty shall complywith all applicable federal, state, and local laws, rules, ordinances, and regulations at all times. 15.Notices.Anynoticespermitted or required bythis Agreement shallbe deemed given when personally delivered or upon deposit inthe United States mail,postage fully prepaid,certified,return receipt requested,addressed totherepresentative designated in Paragraph 11.Either party may change itsaddress by notice given totheother in accordance with this paragraph. 16.Integration. This Agreement embodies theentire agreement oftheparties.There areno promises,terms,conditions orobligations other than those contained herein.This Agreement shall supersede all prior communications,representations,agreements,either oral or written,between the parties. 17.Interpretation.This Agreement shall be governed by and interpreted in accordance with the laws ofthe State ofOregon. 18.Indemnification.To theextent legally possibleand subjectto the limitsofthe Oregon TortClaims Act,the parties shall indemnify and hold the other parties,theirofficers, agents,and employees,harmless from and against any and all claims,actions,liabilities, costs,including attorney fees and other costs of defense,arising outoforin any way related to any actor failure toactby the indemnifying party's officers,agents,and employees. 19.Status.In providing the services specified in this Agreement (and any associated services)theparties are public bodies and maintain their public body status as specified in ORS 30.260.The parties understand and acknowledge that each party retains all immunities and privileges granted them bythe Oregon Tort Claims Act (ORS 30.260 through 30.300)and any and all other statutory rights granted asa result of their status as local public bodies. Intergovernmental Agreement(Veterans Memorial Plaza)-Page 5 of6 Attachment 1, Page 5 of 21 Attachment 1, Page 6 of 21 11ExhibitA6mmi'.'r'lfS§2ISSRMXECTHAUE;VeteransMemorialPlazaWillamalaneParkMohawk Boulevard and ISUeet, Springfield,OR Attachment 1, Page 7 of 21 Exhibit B V^erensMemorialPlaza August2016 SGCnONOOSOOO OONIKACr This Contract, made and entered into by and between Wlllamalane Park and Recreation District,a political subdivision of theState of Oregon,hereinafter called the "Owner,*and Brown Contracting Inc,(Contractor)ofEugene,Oregon hereinafter called the"Contractor;* WfTNESSETH: The Contractor,in consideration ofthe sum to be paid bythe Owner andofthe covenants and agreements herein contained,hereby agrees atitsown proper cost and expense todo all the Work and fUrnlsh allthe materials,tools,labor,transportation,and all appliances, machinery and appurtenances for construction to the extent of the Bid made by the Contractor,dated the 30th day of August,201 €,all in full compliance with tire Contract Documents referred to herein. The BIDDING REQUIREMENTS,including the signed copy of the Bid FOrm,the CONTRACT FORMS,the GENERAL CONDmONS,the SPEOFiCATlONS,DRAWINGS,and ADDENDA,are hereby referred to and by reference made a part of this Contract as fully and completely as If the same were fully setforth herein and are mutually cooperative therewith. in consideration of tfie performance oftheWork assetforth In these Contract Documents, the Owner agrees to pay to the Contractor the amount bid In the Bid Form as atUusted In accordance vrtth the Contract Documents,oras otherwise herein provided,and to make such payments In themanner and atthe times provided indie Contract Documents. (^[fypit^crHMES The Contractor agrees to complete the Work In the manner described and within the time specified below.The Contractor agrees to accept as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said Bid The Work shall be Substantially Completed on or before October 28,2016.The Work shall be completed In all respects and ready for final payment In accordance with the General Conditionson or before November 4, 2016. LIQUIDATED DAMAGES The contractor agrees that the damages for delay sustained by the Owner by reason of the Bidder's fellure to timely perform its obligations under this Contract and within the time noted above are difficult,If not Impossible,to ascertain.The Bidder also agrees that llguldated damages in the amounts shown below are reasonable In light of the anticipated or actual harm which may be caused by the delay,the difficulties of proving loss,and the Inconvenience or non-feasibility of otherwise obtaining an adequate remedy for delay.Such liquidated damages shall not be the exclusive remedy of the Owner,but shall be in addition to any other remedies Owner may have for breach of this Contract and shall be In addition Contract Attachment 1, Page 8 of 21 Veterans Memorfa)Plaza August2016 to anyactual provable damages,otherthanfor delay,sustained by Owner by reason of a breach of this Contract by the Bidder.Saturdays,Sundays and any other Oregon legal holidaysshall be IncludedIndeterminingdays in def^lt. Liquidated Damages for Suhstantlal Conrntetteni Five hundred dollars ($500) for each day or partial day that begins after the time specified herein for Substantial Completion until the Work IsSubstantially Complete. After Substantial Completion,If the Contractor neglects,refuses,or falls to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner,Contractor shall pay Owner the following Liquidated Damages noted below for each Schedule: Llouldated Damanes for Rniil Completion:*TWo-hundred fifty ($250)for each day or partial day that begins after the time specified herein for final completion and readiness for final payment until the Work Is completed and ready for final payment. The contractor agrees to remedy all defects appearing In d«Work or developing In the materials furnished and the workmanship performed under this Contract for the period of time as specified by the Contraa Documents,and,to the greatest extent permitted by law, the contractor further agrees to defend.Indemnify and save the Owner harmless from any expenses encountered In remedying such defects. IN WITNESS WHEREOF,we,the parties hereto,each herewith subscribe the same on the dates setforth below. OWNER: WIUAMALANE PARKAND RECREATION DISTRICT, Robert W,Reefer,SuperiXiei Da«=d:JL2±:^ ndent ContFBCt CONTRACTOR: BROWN CONTRACnNG INC. s:. Dated: 005000-2 Attachment 1, Page 9 of 21 Veterans MemorialPlaza S&CnONCO40 05 WILLABflALANE PARK AND RECREATION DISIRICT BDFORM PnOect: BidClosing: Bid Qpenii^: To: Veterans Memorial Plaza August 30,2016,2:00 PM August 30,2016,2:10 PM Wlllamalane Park and Recreation District SimonDaws,Landscape Architect 250 S.32nd St. Springfield,OR97478 August 2016 From:Bidden Date:^lapjiu r!£_-— Person Representing ^* U Bidder (Name):rVOi'Ti kmy***^ * Address: Telephone:^^ E-mall: 1.Bidder's Bids.The undersigned Bidder,having full knowledge ofthequalhy ofthe material and labor tobe performed,hereby proposes to perform all labor and furnish all materials necessary tocomplete the project.The undersigned Bidder declares that Bidder has received andexamined the Contract Documents,will contract with Wlllamalane Park and Reaeadon District CWPRD"or"Owner^todo everything required forfulfillment ofthe Contract forconstruction atthe prices andonthe terms andconditions asstated herein: TCnrAL BASE BID: Ofyju hjur\6r^jSS. Bid:PA/siVd-;\'\iJf^A^gA 4ij7Pc\Tav[Wo<iHmW ' BldFcim 004006-1 Attachment 1, Page 10 of 21 Veterans Memorial Plaza August 2016 mnmm indicate unit pricesfor the Projectbelow.Additional work.Ifrequested, shall be performed by the Contractor forthe following unit prices.Measurement and payment forallbid Items will be determined as provided In01 22 00 UnitPrices. ITEM Hfiill Common excavation CY Selectfill subgrade overexcavation CY PCC Pavement/slabs Inc. base material SY Unitpaver Inc. base material SY Imported Topsoll CY Lawn seeding Including soli preparation,amendments SY uigrrpRic^ aa. 2.smote or MuMpte contracts.Wlllamalane Park andRecreation District (WPRD)reserves the right to award a single ormultiple contracts,whichever Is In the best interest ofWPRD. 3.Acceptance ofDocuments.Bidder accepts all oftheterms and conditions in,and agrees to be bound by the invitation to Bid,Instructions to Bidders and documents attached thereto. Including without limitation those dealing with thedisposition ofBid security. 4.Arfrioitria.Bidder hasexamined and carefully studied the Bid Documents,the other related data Identified In theBid Documents,and the following Addenda,receipt ofwhich is hereby acknowledged. Addendum No.Addendum Date 'k 'SAiy \L> (Bidder shall Insert number ofeach Addendum received.) BIdFonn G04006-2 Attachment 1, Page 11 of 21 V^erans Manorial Plaza August2016 5.Bid Secutliv.Accomianying this Bid Form Is Bid Security,which is notless thanten (10) percent of the total of the Bid amounts. Bidderagrees that the Bid Securityaccompanyingthe Bid(s)will be deposited Inescrow byWPRD andthattheamountthereofIsthe measure of liquidated damages which WPRD will sustain bythe failure oftheBidder toexecute anddeliver a signedContract,Performance Bond,and Payment Bond within the required time.Indieevent the Bidderfoilsto execute and deliverthe Contract,Performance Bond,or Payment Bond within therequired time,theBid Security may,in WPRD's sole discretion,become theproperty of WPRD.However,IfWPRD fiails to accept theBid within sixty (60)days ofthetime set for the opening oftheBids,orifdieBidder executes andtimely delivers dieContract,Performance Bond and Payment Bond within the required time,theBid Securityshall bereturned. 6. Bidder'sReoresentattens. Insubmittingthis Bid,Bidder represents that: a.The undersigned Bidder declares that the only persons orparties Interested in the Bid are those named herein,that this Bid Is,inall respects,fair and without fraud, that It Is made without collusion with anyoffidalof the Owner,and thattheBid Is made without any connection orcollusion with any person submitting another Bid on the Contract. b.The Bidder further declares thatIthas carefully examined the Contract Documents and that this Bid Is made according tothe provisions and under the terms ofthe Contract Documents,which documents are hereby made a part ofthis Bid. c.At the time Bidder submits its Bid,Bidderand any subcontractor Bidder Intends to use for the project,shall hold avalid,current professional license and/or certification as required by law for Bidder's and/or subcomractor's profession. FAILURE TO COMPLYWTTH THIS REQUIREMENT SHALL RESULT IN PROPOSAL RRIECnON. d.Bidder has visited the site and become familiar virfth and Is satisfied astothe general,local,and site conditions that may affect cost,progress,and performance oftheWork. e.Bidder has carefully examined the geoiechnlcal report Included In this ITB. f.Bidder Is familiar with and is satisfied as to all federal,state and local laws and regulations that may affect cost,progress,and perfomiance of the Work. Bid Foim 004005-3 Attachment 1, Page 12 of 21 V^sfans Memorial Plaza Ausust2016 g. Bidderdoes not consider that any further examinations, Investigations,explorations, tests,studies, or data are necessaryfor the determination ofthis Bid for performanceof the Work at the pi1ce(s)Bid and within the timesand Inaccordance with the otherterms and conditions ofthe Bid Documents. h.Bidder hasgiventhe Projea Manager writtennoticeofall conflicts,errors, ambiguities,or discrepancies that Bidder hasdisowered In the Bid Documents,and the written resolution thereofbythe Project Manager Isacceptable to Bidder. 1.The Bid Documents are generally sufficient to Indicate andconvey understanding of alltermsandconditions forthe performance ofthe Work forwhich this Bid is submitted. J.This Bid isgenuine and not made In theinterest oforonbehalf ofany undisclosed Individual orentity and isnot submitted in conformity with any agreement orrules ofanygroup,association,organization orcorporation; k.Bidder has not directly orIndirectly Induced orsolicited any other Bidder tosubmit a false orsham Bid; I.Bidder has notsolicited orinduced any individual orentity torefrain from bidding; m.Bidder has not sought by collusion toobtain for Itself any advantage over any other Bidderor over Owner; n.All required sales and use taxes are Included in the stated Bid prices for the Work unless provision is made herein for the Bidder toseparately Itemize the estimated amount ofsalestax;and o.Bidder agrees tobe bound by and will comply with the provisions ofORS 279C.838; ORS 279C.840:or40 U.S.C.3141 to 3148as applicable. 7.QmtiagtTimes.The Bidder agrees thattheWork,and any stages and/or milestones specified In the Contract Documents,will be substantially complete and will be completed and ready for final payment in accordance with the General Conditions on orbefore the dates or withinthe numberofcalendar days Indicatedinthe Contract. 8.Ltomdated Damages.Bidder acceptsthe provisions IntheContractDocuments as to Liquidated Damages. Bid Form 004006-4 Attachment 1, Page 13 of 21 VeteiansMemory Plaza August2016 9. Coimact Bcccuttonand Bonds. TheBidderagrees that Ifthis Bid isaccepted, Itwiii, within 15 calendardays after Notice of Award is provided to Bidder,contractwithWPRD Inthe formofa contraa preparedbyWPRD,andwill at thattime deliver to the Owner the required performance and payment bondsand certificates of Insurance,and will,to theextent ofthis Bid,furnish all labor,machinery,tools,apparatus,andother meansto dothe Work and fornlsh allthe materials necessary to complete theWork as specified inthe Contract Documents.The suret^requKt^Issue th&Performance Bond and Payment Bond will beJCfiLoyT/AJLVOtvcai The Bidder hereby authorizes said surety company to disclose anyinformation to WPRD concerning theBidder's ability to supply a Performance Bond and PaymentBond each in the amount ofthe Contract 10.Subcontractors.Bidder agrees tosubmit as part ofIts Bid,orwithin two (2) working hours after theeffective Bid submittai time,foe names ofsubcontiaaors as required In the Instructions to Bidders and by State law,whom Bidder,ifawarded contract,will name for performance ofthe categories ofWork. 11.Bidder,ifthe Bid isaccepted.Bidder hereby agrees tocontract with the Owner in the form ofaContract prepared by the Owner's Attorney tofiimlsh the performance and payment bonds and foe required evidence ofthe insurance within 15calendar days after receiving written notice ofthe final award ofthe Contract. 12. MtoCMtlBiaiteM. Theunderslsned Bidder hereby certffles that: a.Throughout the period of the Contract.Bidder shall be licensed by the State of Oregon todothe type ofwork required under foe terms offoe Contract Documents; b.Bidder is skilled,experienced and regularly engaged In the general class and type of Work called forin theContract Documents.Specifically,Bidder,has experience in the construction ofpermeable paver and base material Installation.Bidder has the manpower and resources tosatisfactorily perform such Work; c.In compliance with the Worker's Compensa^n l^w of the State of Oregon,its Worker's Comronsation insurance provider Is ^P®Ilcy No. andthatIfsuccessful.Bidder shall submitCertificates of Insurance as required: d.Bidder has aQualHylng Drug Testing Program for its employees pursuant toOAR 137-049-0200 (l)(b}(B>.In addition.Bidder agrees torequire all Subcontractors tohave a Qualifying Employee Drug Testing Program for Its employees atfoe time of subcontraaorexecution; e.Bidder has not discriminated against minority,women,emerging small business enterprises,ora business enterprise that Is owned,controlled by,or foal employs a BWForm C04005.6 Attachment 1, Page 14 of 21 Veleians Manorial Plaza August2016 disabledveteranInobtaining anyrequiredsubo>n^ctors,andthat the Bidder is notin violation ofany Discrimination Laws; f. ifawarded the Contract,Bidder will comply withthe provisions ofORS 279C.800 through 279C970,or40 U.S.C.§3141 et seq.pertaining tothepayment ofprevailing rates ofwage. g. Ifawarded the Contract,Bidder wilt use recycled materials tothe maximum extent economically feasible In the performance oftheWork set forth inthe Contract Documents.Recycled material means any material ttiat would otherwise bea useless, unwanted ordiscarded material except forthefact thatthematerial still hasuseful physical or chemical properties after serving aspecific purpose and can,therefore,be reused or recycled. h.Bidder Is registered with the Oregon Construction Contractors Board atthe time of the Bid In accordance with ORS 701.035 to 701.055.Bidder's CCB Registration Number ,Failure to register and disclose the number will make the Bid unresponsive and itwill-be rejeaed,unless contrary tofederal law. I.All subcontractors who perform construction work as described In ORS 701.005 (2) were registered with the Construction Contractors Board In accordance with ORS 701.035 to 701,055 atthe time the subcontractor<s)made a Bid towork under the Contract j.If awarded the Contract,and if the amount of the Contract exceeds ten thousand dollars ($10,000),and If Bidder is not domlclied in or registered to do business In the State,Bidder shall promptly provide to the Oregon Department of Revenue all Information required by that Department relative to the Contract.WPRD shall be entitled to withhold final payment under the Contract until this reporting requirement has been met,and k.Bidderattests oraffirms under penalty ofperjury:ThatIam authorized to act on behalf ofthe Comractor in this matter that Ihave authority and knowledge regarding the payment of taxes,and that Contract is,to the best of my knowledge,not In violation of any Oregon tax laws.FOr purposes of this certification,"Oregon tax laws"are those tax laws listed In ORS 305.380 (4),namely ORS Chapters 118,314,316,318,320,321, and 323 sections 10 to 20.Chapter 533,Oregon Uws 1981.as amended by Chapter 16.Oregon Laws 1982 (first special session);the elderly rental assistance program under ORS 310.630 to310.706;and any local tax laws administered by the Oregon DepartmentofRevenue under ORS 305.620." BldFoim Attachment 1, Page 15 of 21 VetefBnsMemorialPlaza August 2016 13.Restdent Biddctr,OAR137-049-0390 (5)states,*in determlnlrtg the lowest Responsive Bid,the Contraaing Agencyshall, Inaccordance withOAR 137-046-0310,add a percentage Increaseto the Bid ofa nonresident Bidder equal to the percentage, Ifany, ofthe preference givento that Bidder Inthe state Inwhichthe Bidder resides."Resident Bidder'meansa Bidder thathas paid unemployment taxes or Income taxesIn thisstatedudngthe12 calendar months Immediately preceding submission ofthe Bid,hasa business addressInthisState,andhas stated In the Bid that the Bidderis a "ResidentBidder."(seeORS27R4.120)."Non-resident Blddei*means a Bidderthat Isgot a "ResidentBidder,"as definedabove. Checkone.The Bidder submitting this Bid Is a: Resident Bidder.Bidder's Oregon business address: CiXL— ( )Non-ResMent Bidder.Bidder's state of residency: 14.Bmtnmhin or mint venluia.IfBidder Is,or Intends to ftinn.a partnership orJoint venture to complete the Work ofthis Contractor,list the names ofthe partners Of co partnership)ornames ofjoint venturers {If ajoint venture and Identify the name ofthe contact person for purposes ofWorkon this Contract IN WITNESS hereto the undersigned has set Its hand this day of 2016. CompanyName: Address: FederalTax ID: BIdFOm, Attachment 1, Page 16 of 21 Veterans MemorialPlaza August 2016 Teiephona Numtran Fax Number: ILSole PfODrictor.Partnership,or tolntVenture: Signature: Name (typed):— Title:- IfCemoratlon: Name of Corporation:* By:(/mytclo .UraatAfljfdrTitle: Attest: Bid Form ,^e^ry 004005-8 Attachment 1, Page 17 of 21 ExhibitC Contract# GrantAgreement 2016Veteraiis ^War Memorials Grant (VWM-16-04) This Agreement ismade and entered into»by and between,the StateofOr^on,actingl>y and through Padcs and Recsreation D^reitment (OPRD),Heritage Programs,hereinafter referredto asdte**State**and: City ofSpriiigfield 225SthSt Sprlngfleld,OR 97477 ordesignated representative,hereinafter referred toasthe "Grantee." 1.GENERAL PURPOSE:The general purpose ofthisagreement is: heritage-relatednroiect asdetailedinAttachmentA, 2.agreementPERIOD:The effectivedate ofthis Agreement is the date on which itisiuify executed by both parties.Unless otherwise terminated or extended,the Project shall be completed on4/30/2018 3.ACatEEME^COSTS:The State agresstopaythe Grantee;amaximum of forcostsaufhorhoed fay this agreement 4.agreementDOCUMENTS?IndndedasPartofthfa Agreement are; Attachment A:Scope ofWork AttachmentB:Standard Terras andConditions 5.SIGNATURES: In witness thereof the parties hereto havecausedtius Agreementto be properly executed fay their authorized representatives as ofthe last date hereinafter written. —^AudioriicdRcpmcntalhre viiof NameamlTltleofSlBBerCrypcorHinl)' I STATE: ^Qm8Il,DepB^StateHtooilcPwavafioaOffiecr Dale OPRDHcrilagcProgrsnffl 9/07Attachment 1, Page 18 of 21 AttechmentA —Scone ofWork 2016 Veterans&War Memorials Grant (VWM-16-04) Grantee:CttvofSnrlngfleM GrantAmount:SSIAQS MatchAmwnt:S70.840 BsOmetedOvermateh: ProjectSummary:Constnict anew merooruil plaza at WillpialaBe Park in Springfield.The new plaza will The grant fimds and matching local contributions will be used to accomplish the woik items detailed in the BudgetandWorkDescriptionsectionsthatfollow.OPRD Heritage Programs staff must approve any chmges to this ScqraofWork. PROPOSEDBUDGET Veteran Memorial - Stafftime $30,840 Contractor $40,000 Materials &Supplies $52,405 Total $123,245 Total ProjectBndget $123,245 WORKDESCRIPTION 1*Veteran Memorial $123i245 Products: Constfuct anew memorial plaza at Willamalane Park in Springfield.The new plaza wUlIncorporatethecurrentVietnammemorialandIncludeamonumoittowomenveterans, •landing •bronzesculpture •flagpole •Before,durins and after pictures are I....... or are preferred.Ifthe Imagesare not digital,then prints must be professionally printed. Standardsand Provistons: contracts fbr services over$10,000 should fbllow appropriate Heritage Programs and receive written approval ofthat work plan.Ifthe work plan matchesthegrantapplication,an email indicatbig that Is the plan is suHi^nt•Aorolect slen must be displayed in aprominentlocation at each projectsite wAile projectworicUinprogress,sign must Ide^fy the peject and•Creditmustbe given to theOregon Parks and RecieationDepartment mbrochures,news releases,programs,publications,and otherprinted matenals. Attachment Afor Veterans &War Memorials Grant #VWM-16-04 Page Iof lAttachment 1, Page 19 of 21 Attachment B Standard Terms and Conditions—Veterans and WarMemorialsGrants 1.Authori^ORS 390.124 auOiorizes dieOregon Fades and Recreation Departmentto expend funds for Veterans and War MemorialsthroughoutOrogoa 2.Work Plan Approval:Prior tocontmeacing die project described inAttachment A,Grant Recipientshalllecmve approval onafhal work plan inwriting fh>m dieStale.^ 3.Amendments:Ihis Agilentmaybe amendedonly by awritten amendment to the Agreement;executed by the parlies. 4.EmploymentPractices Clanse:In canying out itsresponsibilities under thlsagreement;the GiantRecipiem shall not deny benefitstoordiscriminate against any person on the basis ofrace,color,creed,religion,national origin,sex, disability,or sexual preference,and shall comply with all requirements offederal and statecivil rights statutes,rules and regulations including: •Tide VIoftheCivil Rights Act of 1964 <42 USC 2Q0d et seq.). •Section 504oftheR^iabilitation Actof 1973 ^0 USC794). • TitleDC oftheEducation Amendments of 1972(20USC1681etseq.). •Americans with Disabilities Actof 1990 (42USCsections 12101 to 12213). •ORS 659.400 to659.460 relating tocivil rights ofpersonswith disabilities. 5.Statement ofSupport:All publicity,visualororal,for this projectshall be accompanied by the foUowmg statemwt:'Thisproject is supportedin part fy agrantfrom the OregonParks catdRecreation Department"Asign to diat effect,provided by the State,may be required on the projectsite aswen....u 6.Compliancewith Workers Compensadon Laws:AU employers,includingGrantee,diat enqibysubject worfceis whoprovideservicesIndieStateofOr^on riiall compty with ORS.656.017 and provide die required Worker sCompensationcoverage,unless such employersare exempt under ORS 656.126.Employer sliability insurance withcoveragelimitsofnotlessthan$500,000 roust be ittclud^...» . . 7.Reporting:Grant Rectylent shaU submit written progress leportsand afinal report as described In the grants manual anti on forms provided byState.. GrantPayments:Grant funds are awarded by Stale on arelmboisement basisandonly for the Projectd^DeotnAttachmentA,Project Overview.Advance payments may be provided under hardshipconditioM.In addition to the« ....4 vMoi#ffMttoofa m{H*PivkificlvdimbiifS6fn6nt lotCOS 8. accrued to date.e ^a 9 Records Administration:Hie Grantee shall maintain all records neoessaiy to jnqierfy account for the p^mimits madetotheGranteeforcostsauthcriiedbythisAgreementTheserecordsshallberetainedItydieOiaimrefi^six yearaafterthecontractterminates,or unta aUaudits lidtlated widiin the fouryears,have been comple^whi^wer IS latj*. The Granteeagrees to allow State audiiois,and State Agency Stafi;access to aU the records reblrf to thisAgreement,for audit and faispgrtion,and monitoringofservices.Such access wBl be during noimal business hours,or by 10.Obligations:GrantRecipientwill be responsible for any federal or slatetaxes qqilicableto pleatsunder this Aemement11.cSfSwon:Ifanydiirdpaitymakesanyclaimorbrfiigsanyaction.suitorproce^ing^^at^asttow IWrdParty Claim. Either party Isentitled to paittctpaio m me oeienseoia iniro ««•-v;-"Party Clahn with counsel ofits own choosing.Rece*Irtby ^9 ^®fJ*8iVo^eiKm«and c^wrequire^^paraUpb and meanmgful opportunity for the Other Party to participate in the mSSd^Claim with counsel ofits own choosing are condWcns precedentto the CtherParty sliability with respect to tS^^Tbhd Party Clabn for which the State is jointly Uable widi theOrantee (or wo^d be ThirdParty Claim ),the State shall contribute to the amount ofexpenses (Insludingamountspaidinsettlementactuallyandreasonablyincurredandpaidorpaya^by theGrantee^hiappropriatetoreflecttherelativefaultoftheStateontheonehandandoftheGranteeontheother handwSKeventswhichresultedInsuchexpenses,judgments,fines orsettlement^unts,as vrellequitableconsiderations.The relative fault oftheState on the one hand and oftheGrantee on the o&er hmdshall bed^nnined by reference to,among other things,the parti^relaUve Intent,knowledge,opportunity tocorrector preventdie dreumstances resultmg msuch expense^judgmwts.•nwStete^cotttribution mnoiint in any instance is capped to the same extent ft would have been capped underOregon lawiftheStatehadsoleItabiltty Inthe proceeding. Attachment 1, Page 20 of 21 With respect toaThird Party Claim for which theOiantee isjointly liable with die State(or would beifjoined inthe Third Party Claim),the Grantee sbafl cmtributs to the amount ofexpenses (including attom^s*fees),judgments,ihies^ and amounts paid insettlement actual^and reasonably incurred and paid orpayable bythe State insudiproportion asIs appropriate toreflect fee relative fiuU ofthe Granteeonthe one band and ofthe Stateonfee otherhand In connection wife the events which resulted insuch eiqienses,judgments,fines orsettlement amounts,aswellasany other relevat oonsidoiatioos.Therelative faultoffeeOrantee onfeeonehandandoffeeStateontheofeerIrend shall berffttemiinflrifjyreferencefe,among ofeer things,the parties'relative intent,knowledge,accessto information and nj^nffhinfty to cosect crprevent the circumstances resulting insuch expenses,judgments,fines orsettlenieitt amounts. IheGrantee's contribution amount in any instance iscapped to the same extent itwould havebeen capped under Oregon lawIfithadsoleUabilify infeeproceeding. Grantee shall takeall reasonable steps to cause its contiact(n(s)feat are not units oflocal govenunent as defined In ORS 190.003,ifany,to indemnify,defend,save and hold harmlemfee State ofOregon and its offlcets,employees and agents Chidemnitee'Ofrom and against any and all claims,acdoos,liabilities,damages,losses,.orexpenses (includingattorneys'fees)arisii^fiom atoit (as now or hereafter defmed in ORS 30.260)caused,or alleged to be caused,in wholeorinpart,by fee negligent or willful acts or omissionsofOrantee's contractor orany offee ofiBceis,agents,employees or subcontmctois offeeccntractoif"Claims").Itis the specific intention offee parlies feat the Indemniteeshall.In all instances,except for Cblms arising solely fiom fee negUgeot wwillful acts or omissions offee Indenmltee,beindemnifiedtyfeecontractorfiremandagainstanyandallClaims^ 12.GovernlngLaw;The laws oftho State ofOregoa (without giving effectto its conflicts oflawprireiples)govern all matters arising out ofor relating to this Agreement,including,without limitatioii,its validity,Inteipretalion,constnicten,perfomwnce,and enforcement Any party bringing alegal action or proceeding against any other party arisigout oforrelatingtothisAgreementshallbringthelegalactionorproceedinginthearcuitCourtoftheStateofOregonforMarionCounty.Each party hereby consents to feeexclusivejurisdiction ofsuch court,waives any objecticn to venue, and waives any claim that such foniin b an inconvenientforum.- .,,* 13.Repayment In fee event that GrantRecipient spendsgrant funds fa aity way prohibited by state or ^erd law,or for anypurposeotherthanfeecompletionoftheproject.GrantRecipientshafi relmbose fee State for all such unlawfully or 14.Tera^^m^b contract may be terminated by mutual consent ofboth parties,wbyeifeerjwrty upon®30-dayfawriting,delivered by certified mail or fa personto fee ofeer party's contact identified In fee Agreement (to t^fa^onoffebcontract,all accounte and paymenb will be processed according to fee financial arrangementsset forth herein forapprovedservicesrenderedtodateoftcnninationFuUcreditshaUbeallowedforreimbursableexpensesandfeenon. 15.Entire Agreement:ThbAgreementconstitutesfee entire Agreement betweenfee parties.No vreivei^wiis^modification or change ofterms offeb Agreementshallbind eifea ^ unl^1Suchwaiver,consent,modification orchange,ifmade,shall be effective only mthe specific instance and for the specifie |purpose given.There are no undeisiaadfags.Agreements,or lepreseotations,oral mwritten,not speciRed heretnregardingtfabAgreementHieGrantee,by signature oflb authorized representative on feeAgirement,acknowledges 16.Memorial Maintenance: completion offeegrant project. Attachment 1, Page 21 of 21 Attachment 2