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