Intent to Award - 26-022-GS Landscape Materials and Drop Box Services - Awardee.pdf

Intent to Award 26-022-GS Landscape Materials & Drop Box Services

February 25, 2026

Mike Higson Lane Forest Products, Inc.

2111 Prairie Road Eugene, OR 97402

RE: Intent to Award Landscape Materials & Drop Box Services ITB No.: 26-022-GS

Dear Mr. Higson:

EWEB has determined that your company is the apparent successful bidder for the project referenced above.

This letter represents our intent to award a contract to your company, provided that all requirements noted below are met to the satisfaction of EWEB.

Please complete the following requirements and provide all necessary information listed below. Required documents may be sent via email to: kristin.kokkeler@eweb.org or mailed to Eugene Water & Electric Board, 4200 Roosevelt Blvd, Eugene, Oregon 97402, ATTN: BUYER. The following areas must be completed prior to the Notice to Proceed being sent. Your failure to satisfactorily respond to Issue(s) 2 will result in the withdrawal of this Notice of Intent to Award.

1. EWEB's resolution of any protests within the seven (7) day protest of award period beginning February 25, 2026.

2. As evidence of the insurance coverage, as specified in the solicitation document, please send a copy of the attached insurance requirements to your insurance agent, asking them to provide an original certification of insurance indicating that your firm has the required coverages. The certificate shall specify parties who are Additional Insureds or Loss Payees and shall indicate what endorsements are included and what exclusions are removed.

3. BOARD APPROVAL: EWEB's Board of Commissioners must approve contract award before final award can be made and a Contract can be signed. It is anticipated that this Contract will be presented to the Board on April 3, 2026.

Should you anticipate delay in returning the documents, please notify me at (541) 685-7107.

Sincerely, Kristin Kokkeler Purchasing Analyst

Enclosure: Insurance requirements cc: S. Tennison Bid File Library mailto:kristin.kokkeler@eweb.org

EWEB INSURANCE REQUIREMENTS FOR GOODS, SERVICES, OR PERSONAL SERVICES

Insurance Agent: Please insert the following in the Description of Operations in the Accord form:

“EWEB, its divisions, officers, and employees are named Additional Insureds with respect to the insureds activities performed under EWEB contract #26-022-GS.”.

Insurance Contractor shall provide certificates of insurance as described below. No work under this Contract shall commence until all insurance requirements have been met.

a. Certificates of Insurance. As evidence of the insurance coverage required by this Contract, the Contractor shall furnish certificate(s) of insurance to the EWEB Purchasing Department, before final award can be authorized and must list the Contract number in the “Description of Operations” section. The insurance coverage required under this Contract shall be obtained from insurance companies or entities having a minimum financial rating of A.M. Best’s Key Rating A-; VII or higher.

The Contractor shall be financially responsible for all deductibles, self-insured retention and/or self-insurance included hereunder.

Contractor shall ensure Contractor’s subcontractors procure the same types/categories of insurance as required for Contractor; limits shall be commensurate with each subcontractor’ scope of work.

b. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance written on the current ISO occurrence form (or a substitute form providing equivalent coverage) including coverage for premises, operations, independent contractors (performing Work on Contractor’s behalf), completed operations and contractual liability. The limit shall not be less than $1,000,000 per occurrence and subject to an aggregate limit of no less than $2,000,000.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured.

Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and non-contributory.

The insurance must include a waiver of subrogation in favor of EWEB, its' divisions, officers, and employees.

c. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance to cover liability arising out of any auto (including owned, hired and non-owned) used in connection with the Work or Services. This coverage may be written in combination with the Commercial General Liability Insurance.

Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured.

Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and non-contributory.

d. Workers' Compensation. All subject employers working under this Contract are either employers that will comply with ORS 656.017 which requires them to provide Oregon workers' compensation coverage that satisfies Oregon law for all their subject workers, or employers that are exempt under ORS 656.126. [2003 c.794 §76c] In addition, Contractor will obtain, at Contractor's expense, and keep in effect during the term of this Contract, Employers Liability insurance with a limit of not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and a $1,000,000 policy limit for bodily injury by disease.

e. Indemnification. Contractor shall defend, save, hold harmless, and indemnify EWEB, its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses by either Contractor or any third parties resulting from, arising out of, or relating to any error, omission, breach of contractual duty, or negligent act of the Contractor or its officers, employees, subcontractors, or agents in the performance of services under this Contract.

f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without 30 days' written notice from Contractor or its insurer(s) to EWEB.

Failure to Maintain Insurance. If at any time Contractor fails to maintain insurance complying with the requirements reflected herein, in full force and effect, they shall be responsible for any resulting losses or costs sustained by EWEB and shall hold EWEB harmless from actions brought against Contractor as the result of the absence of the required insurance, and (ii) EWEB shall not be required but may elect to do any of the following: (A) immediately suspend all or a portion of the Work and be entitled to an equitable adjustment in the price, schedule and other terms of the Contract for the impact of the suspension (B) pay premiums or purchase alternate insurance at the Contractor’s expense; or (C) pursue such other remedies as may be allowed by law.

Failure to Comply. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by

EWEB.

h. Waiver of Insurance Requirements

Contractor’s failure to provide certificates of insurance as specified herein and/or in the manner specified herein does not constitute a waiver of the insurance requirements. Any waiver of the insurance requirements will only be made in writing.

EWEB INSURANCE REQUIREMENTS FOR GOODS, SERVICES, OR PERSONAL SERVICES