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HomeMy WebLinkAbout2012-089 Agrmt - Ausland Builders CITY OF ASHLAND May 1, 2012 Aaron Ausland, President Ausland Builders,Inc. 3935 Highland Avenue Grants Pass, OR 97526 Project: City of Ashland Fire Station#2 Architect's Project# 1107.00 Aaron, In Accordance with the provisions of contract documents and the signed Owner-Contractor agreement, you are hereby authorized to proceed with the Work as defined in the agreement. This document constitutes your Notice-to-Proceed(as referenced in that agreement). We look forward to working with you on this project. John Karns Fire Chief Ashland Fire &Rescue Ashland Fire and Rescue Tel:(541)482-2770 455 and,Or on Fax:((80) 735-29 488,5318 0 Ashland,Oregon 97520 TTY:(800)7352900 w .ashland.or.us �g2D 0j,-7g " ( o Print Form 1997 EDITION AIA DOCUMENT A101-1997 ■ Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM This document has important legal consequences. A G R E E M E N T made as of the Eighteenth day of April Consultation with an in the year two Thousand Twelve (In words,indicate day,month andpvar) attorney is encouraged with respect to its B E T W E E N the Owner: i, ) completion or modification. (Name,address and other information)' City of Ashland 20 East Main Street AIA Document ons of the Ashland,OR 97520-1849 General Conditions of the Contract for Construction,is i 7 adopted in this document by i 7 reference.Do not use with other general conditions and the Contractor: unless this document is (Name,address and other inforination)� / modified. Ausland Group 3935 Highland Avenue' Grants Pass OR 97526 This document has been i - approved and endorsed by The Associated General \, Contractors of America. The Project is:_ ; (Name and location) - Ashland Fire Station 2 1860 Ashland Street - Ashland,Oregon 97520 The Architect is: / O (Name,address and other-information) Peck Smiley'Ettlin Architects,Inc. 4412 SW Corbett Avenue !•�� - - Portland,OR 97239 01997 AIA® Tel(503)248-9170 ' . AIA DOCUMENT A101.1997 Fax(503)248-0223 OWNER-CONTRACTOR AGREEMENT The Owner and Contractor agree as follows. The American Institute of Architects 1735 New York Avenue,N.W. Copyright 1915, 1918,1925,1937,1951,1958,1961,1963, 1967,1974,1977,1987,0 1997 by The American Institute of Washington,D.C.20006-5292 Architects. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these forth the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements,either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. r I / I ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different.dale is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. , ),I (Insert the date of commencement if i differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) Ten calender days from the Notice to Proceed from the Owner. / if,prior to the commencement of the Work,the Owner requires time to file mortgages,mechan- ic's`liens and other security interests the Owner's time requirement shall be as follows: 3.2 The Contract Time shallbe.measured from the date of commencement. 33 _ The,'Contractor shall achieve Substantial Completion of the entire Work not later than `240 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) J r � subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,if any,)or,liquidaled damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated Damages are$500.00 per day as listed in A201 General Conditions 9.11.1. I III oo.�.00 - 0 19 97 AIA® AIA DOCUMENT A101.1997 OWNER-CONTRACTOR r AGREEMENT �., The American Institute _ of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5792 WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecvtlon. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be two million one hundred eighty four thousand four hundred Dollars(s 2,184,400.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No.1: $97,000 Add Truck Exhaust Alternate No.5:$1,400 Add Room Signage _ Alternate No.6: $67,000 Add Oxygen Generator The amounts are included in the total in section 4.1 above. 4.3 Unit prices,if any,are as follows: Rock Removal:$250 per cubic yard ` Additional Excavation/Engineer'ed Fill:$40 per cubic yard. ARTICLE�5 PAYMENTS 5.1 PROGRESS PAYMENTS ' 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: i 5.13 Provided that an Application for Payment is received by the Architect not later than the last day of a month,the Owner skull make payment to the Contractor not later than the thirtieth(30th) day of the following month. If an Application for,Payment is received by the Architect after the application date fixed above,pay- ' ment shall be made by the Owner not later than thirty(30) days after the Architect fic receives the Application for Payment,5.1.4 Each Application for Payment shall be based on the most recent schedule of values submit- 0 led by the Contractor in accordance with the Contract Documents.The schedule of values shall 019 9 7 A I A allocate the entire Contract Sum among the various portions of the Work.The schedule of values AIA DOCUMENT A101-1997 shall be prepared in such form and supported by such data to substantiate its accuracy as the OWNER-CONTRACTOR Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis AGREEMENT for reviewing the Contractor's Applications for Payment. The American Institute .- - of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. S.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress pay- ment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues,less retainage of five percent(5.00 %). Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved,in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5.00 3 Subtract the aggregate of previous payments made by the Owner;and w Subtract amounts;if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in'Paragraph 9.5 of AIA Document A201-1997. 5.1:7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified tinder the following circumstances: .l Add,upon Substantial Completion of the Work,a sum sufficient to increase the total pay- ments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims; and(Subparagraph 9.8.5 of AIA Document A20r1997 requires release of applicable retainage upon • Substantial Completion of Work with consent of surety,if any) 2 Add,if final completion of the Work is thereafter materially delayed through no fault of the,Contractor,any additionalamounts payable in accordance with Subparagraph 9.10.3 of AIA DocuIment•A2oo-1997. j 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percemages inserted in Clauses 5.1.6:1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents,insert here provisions for such reduction or limitation.) 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 ANAL PAYMENT - 5.7.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made AIA 1997 DOCUMENT A101-1997 by the Owner to the Contractor when: OWNER-CONTRACTOR .1 the Contractor`has fully performed the Contract except for the Contractor's responsibil- AGREEMENT ity to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997,and to satisfy other requirements,if any,which extend beyond final payment;and The American Institute of Architects .2 a final Certificate for Payment has been issued by the Architect. 1735 New York Avenue, N.W. Washington,D.C.20006-5297 WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. 1 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2ol-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document Aao1-1997 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2, Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. j (Insert rate of interest agreed upon,if any.) (Usury laws and requirements under the Federal Truth in Lending Act,similar stale and local consumer credit .laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the mhdity of this provision. Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's reP esentative is: (Name,address and other information) John Karns (orJirn MacNamara)' Ashland.Fire and Rescue 455 Siskiyou Boulevard �- 'Ashland,OR 97520 7.4 The Contractor's representative is: (Name,address and other information) Zack Secrest Ausland Group ,- 3935 Highland Avenue Grants Pass OR 97526 - 0 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. �. . \ i 7.6 Other provisions: 7.6.1 The contractor Is to comply with ORS 279C.580(10 day payment to subcontractors and interest penalties after 30 days). 7.6.2 The contractor shall not allow any lien or claim to be filed against the City on account of o any labor or material furnished. ` 01997 AIA 7.6.3 All references to the General Conditions in this contract are to the AIA A201 2007 and AIA DOCUMENT A101-1997 its edits as included in the Project Specification manual. OWNER-CONTRACTOR AGREEMENT - The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A1o1-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A2o1-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 2012 and are as follows: i Document Title , Pages AIA 001-2007 General Conditions 43 r 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: ,' (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section . Title j Pages Sections 00010 through, / Advertisement For Bids to Sound 791 17716 Reinforcement &Soils Report - Appendix 1:Soils Report 8.1.5 The Drawings are as follows,and are dated 3-09-2012 unless a different date is shown below: 1 (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Section 01050 '.1 List of Drawings 3-9-2102 III 0 o \ 01997 AIA® AIA DOCUMENT A701-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution. i The Addenda,if any,are as follows: Number Date Pages No.1 3-23-2012 26 No.2 3-29-2012 37 No.3 4-02-2012 13 This Agreement is entered into as of the day and yearA st written above and is executed in at least three original copies,of which one is to be delivere o the ntract0,r,one to the Architect for use in the administratio I of the Contract,and the re aind o he Owner. O W N E R(Signa)uj(Signs)u T R A C T O R(Signature) David Kanner,City Administrator (Printed name and title) (Printed name and title) p 111/1. .,r. CAUTION:You should sign an original AlA document or a licensed reproduction.Originals contain the AlA logo printed in red;licensed reproductions are those produced in accordance with the Instructions to this document. — 01997 AIA® AIA DOCUMENT A701-1997 OWNER-CONTRACTOR AGREEMENT e &S tV :Orm The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C.20006-5292 WARNING:Unlicensed ohotocoovino violates U.S.coo vrieht laws and will suhiect the violator to legal omsecutlon. CITY OF ASHLAND Council Communication April 17, 2012 Business Meeting Approval of Contract with Ausland Group for Construction of Fire Station #2 FROM: John Karns, Fire Chief, Fire Department, kamsj @ashland.or.us SUMMARY: The Council, acting as the Contract Review Board, is asked to approve a construction contract with the Ausland Group for the replacement of Fire Station #2 in the amount of$2,184,400. This project is funded from a general obligation bond approved by Ballot Measure 15-109. Ausland Group submitted the winning bid from the five bids that were submitted. BACKGROUND AND POLICY IMPLICATIONS: In June 2009 the Council adopted a goal to replace Fire Station No. 2. This goal followed the City's Facilities Master Plan, completed in 2008. In January 2010, the Council appointed a fourteen-member Public Safety Bond Committee to evaluate several capital projects, including replacement of Fire Station No. 2. In May 2010, the Public Safety Bond Committee unanimously recommended the City Council seek voter approval of general obligation bonds not to exceed $3 million and to place a measure on the May 2011 ballot. On May 17, 2011, the general obligation bond was approved by voters. Plans for the project were finalized by the architect Peck Smiley Enttlin and an invitation to bid was offered. On April 5, 2012, the bids were opened and examined. The Ausland Group met the bid requirements and submitted the lowest bid proposal. FISCAL IMPLICATIONS: This project is funded through a general obligation bond in an amount not to exceed $3 million. Staff has calculated that $3 million dollars will cost Ashland taxpayers $0.124 per$1000 assessed property value. The bond will be issued for 20 years and based on existing property values; the average property owner would pay approximately $28.36 per year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approval of the construction contract with the Ausland Group in the amount of$2,184,400 for the construction of Fire Station #2. SUGGESTED MOTION: Move to approve the contract between the City of Ashland and the Ausland Group for the construction of Fire Station #2, in the amount of$2,184,400. Page 1 of 2 PER CITY OF ASHLAND ATTACHMENTS: N/A Page 2 of 2 �r, l #AIA Document A312 TM . 2010 Performance Bond Bond #929524702 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Ausland Builders, Inc. of business) 3935 Highland Avenue Western Surety Company This document has Important legal Grants Pass, OR 97526 12909 SW 68th Parkway, Suite 200 consequences.Consultation with OWNER: Portland, OR 97223 an attorney is encouraged with (Name,legal status and address) respect to its completion or City of Ashland modification. 455 Siskiyou Blvd. Any singular reference to Ashland, OR 97520 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: (�-pY r \ \ 't." a-1)t AIA Document A312-2010 1 I combines two separate bonds,a Amount: Performance Bond and a Two Million, One Hundred Eighty-Four Thousand, Four Hundred and No/100ths Dollars-- Payment Bond,into one form. Description: ($2,184,400.00) Th ls Is not a single combined (Name and location) Performance and Payment Bond. Ashland Fire & Rescue, Fire Station 2 1860 Ashland Street Ashland, OR 97520 BOND Date: RPri1 tQ r 101Y (Not earlier than Construction Contract Date) Amount: Two Million, One Hundred Eighty-Four Thousand, Four Hundred and No/100ths Dollars---- ($2,184,400.00) -Modifications to this Bond: 9None 0 See Section 16 CONTRACT R S PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) y Ausland ild Inc.B Western Su ty CompanY���� - - Signature: Signaturo: Name Prarvy AxAs%at. A Name Rub o. Haskell a' and Title: pv-eGid ent- and Title: Aftorney-in-Fact _ - (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Ward Insurance Agency Inc. (Architect, Engineer orotherparty.) P O Box 10167 Eugene OR 97440-2167 (541) 687-1117 Init. Au Document AS12°-2010.The American rra0hae orarWlecls. 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5,2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the(tuner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the(Tuner,citing the reasons for denial. §5 I the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. ALA Document A312°-2010.The Mrerkan Institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Scotian 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or,non-performance of the Contractor. §5 If the Surety elects to act under Section 5.I,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Deflnrdons §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §142 Construction Contract,The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Ink. MA Documnn A312"-2010.The American lnsthne or Archtacts. 3 §16 Modifications to this bond arc as follows: (Space 4y provided below for additional signatures ofadded parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. Init. AIA DOtumeM A312e -2010.The Anrencan lMt0ule of Architects. Y 4 SAIA Document A312 TM - 2010 Payment Bond Bond #929524702 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place Ausland Builders Inc. of business) 3935 Highland Avenue Western Surety Company This document has Important legal Grants Pass, OR 97526 12909 SW 68th Parkway, Suite 200 consequences.Consultation with OWNER: Portland, OR 97223 an attorney is encouraged with (Name, legal status and address) respect to Its completion or modification. City of Ashland Any singular reference to 455 Sisklyou Blvd. Contractor,Surety,Owner or Ashland, OR 97520 other parry shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: ¢j Pr�\ 1g Z pty AIA Document A312-2010 t combines two separate bonds,a Amount: Performance Bond and a Two Million,One Hundred Eighty-Four Thousand, Four Hundred and No/1001hs Dollars- Payment Bond,into one form. This is not a single combined Description: ($2,184,400.00) (Name and location) Performance and Payment Bond. Ashland Fire & Rescue, Fire Station 2 1860 Ashland Street Ashland, OR 97520 BOND Date: (Not earlier than Construction Contract Date) Amount:Two Million, One Hundred Eighty-Four Thousand, Four Hundred and No/100ths Dollars ---- ($2,184,400.00) ' Modification this Bond: lXNone ❑See Section 19 T' CONTRACT AS RINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Ausland B 'Ide Inc. Western S y Company Signature: Signature: �'� l , r Name Pro rpm Rtn5 ar. Name Ruby . Haskell ' °and Tidr. PreS1Lk Cn� and Title: Attorney-in-Fact (Any additional signatures appear on the fast page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Ward Insurance Agency, Inc. (Architect,Engineer orotherparty) P O Box 10167 Eugene OR 97440-2167 (541) 687-1117 Ink. AJAOocumMt A312^-2010.The American InstitW Of ArWlects. onrta 5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following; §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3'rhe Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to oonstitutc a waiver of defenses the Surcty or Contractor may have or acquire as to a Claim,caccpt as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractur and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work, AIA Daeument A312^-2010.The Am Om mi In daft of Amh trots. Ina. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitlons §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .6 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim, §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The teen Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be assorted in thojurisdietion where the labor,materials or equipment were furnished. §16.3 Construction Conha&The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Deeumnt A312--2010,The Amanean Institute or Aronhm. 7 §16A Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §171f this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided belawjor additional signatures ojadded parries, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. Aut>awnamAat: xolo.The AmadwelewadewArcnaeea. 8 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Ruby M Haskell, Larry C Buck, Paul Jensen, Kristen McGillvrey, Robert A Harvey, Margaret Hargett, Steven J Hanson, Catherine L Gomes, Individually of Eugene,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to hind it thereby as fully and to the same extent as if such instmments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted as indicated,by the shareholders of the corporation. In Witness Whereor,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of October,2011. Pl��/yP„RFTyeq WESTERN SURETY COMPANY FOgp)�tD�3 e fvS,E AV O / / STN PMC 7 Paul 11O.Bruflat,Senior Vice President State of South Dakota l Jj County of Minnehaha ss On this 7th day of October,2011,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom.did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + i D. KRELL '+ November 30,2012 9^EnF NOTARY PUBLIC SE�n� r + SOUTH DAKOTA �h44\\VM,♦4�4hb44\\\14454 D.Krell,NoTAry Public CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this—� —day of 19+f" ` 2012 q�WNET}eo WESTERN SURETY COMPANY u,�pPOggj\} - �•L.Nelson,Assistant Secretary Farm F4280-09-06 _ � r aco CERTIFICATE OF LIABILITY INSURANCE 4/16/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER NAME: Kim Schnetzky Ward Insurance Agency PHO� . (541)687-1117 FIC No: (591)342-9280 P O Box 10167 INSURER(S) AFFORDING COVERAGE NAIC as Eugene OR 97440 INSURERA:Continent:al Western Ins. Co. 10804 INSURED INSURERS: Ausland Builders Inc INSURERC: DBA: Ausland Group INSURER D: 3935 Highland Avenue INSURERS: Grants Pass OR 97526 INSURER F: COVERAGES CERTIFICATE NUMBER CL1213015819 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. IL TYPE OF INSURANCE POLICY NUMBER MMIICYEFF MMIDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMl5E5 Ee oovneMe f 300,000 A CLAIMS-MADE �OCCIIR X 2967760 /1/2012 /1/2013 MED IEXP(Am one person) $ 10,000 X $1,000 PD DED PERSONAL 8 ADV INXRY $ 1,000,000 PER OCCURRENCE GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $XCT AUTOMOBILE LIABILIN Eeearticr4 L 1,000,000 A X ALL ADro BODILY NJURY(Per person) $ ALLONMED SCHEDULED 2967760 /1/2012 /1/2013 BODILY INJURY(Per exitleM) $ Auros AUTOS X HIRED AUTOS X AUTOS P.,.E .dd. ull I$ Uninsured motorist combined $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CCC'U':dADE AGGREGATE $ DED I I RETENTIONS 02967761 /1/2012 /1/2013 $ WORKERSCOMPENSATION NC STATU- DTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR,PARTNERIEXECUTIVE� NIA EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EAEMPLOYE $ Iles desmibe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT 1$ A Limited Pollution 2967760 /1/2012 /1/2013 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD II AOdttlonal Remarks schedule,if more apace is required) CITY OF ASHLAND, THE ARCHITECT, THEIR EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS WORK PERFORMED BY NAMED INSURED UNDER WRITTEN CONTRACT AGREEMENT 6 PER ATTACHED CLCGO020 S CLCG2016. COVERAGE IS PRIMARY 6 NON-CONTRIBUTORY. WAIVER OF SUBROGATION IS APPLICABLE PER ATTACHED CLCGO020. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. 455 SISKIYOU BOULEVARD ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE Paul Jensen/CLYNN ��---� ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD Such person or organization is an insured (c) The ownership, maintenance,or use provided: of any elevators. (1) The written or oral contract or agree- F. ADDITIONAL INSURED—OWNERS, LESSEES ment is: OR CONTRACTORS—AUTOMATIC STATUS (a) Currently in effect or becomes effec- 1. SECTION 11 — WHO IS AN INSURED is five during the policy period;and amended to include as an additional insured (b) Executed prior to an "Occurrence"or any person or organization for whom you are offense to which this insurance performing operations when you and such would apply. person or organization have agreed in writ- ing in a contract or agreement that such per- (2) They are not specifically designated as son or organization be added as an addi- an additional insured under any other tional insured on your policy. Such person or provision of, or endorsement added to, organization is an additional insured only this policy. with respect to liability for "bodily injury", f. Only the following persons or organizations "property damage" or "personal and adver- are additional insureds under this endorse- Using injury'caused, in whole or in part, by. ment, and coverage provided to such addi- a. Your acts or omissions;or tional insureds is limited as provided herein: b. The acts or omissions of those acting on (1) The manager or lessor of a premise your behalf; leased to you, but only with respect to li- ability arising from the ownership, main- in the performance of your ongoing opera- tenance or use of that part of the prem- lions for the additional insured. Ises leased to you and subject to the fol- A person's or organization's status as an ad- lowing additional exclusions: ditional insured under this policy ends when This insurance does not apply to: your operations for that additional insured (a) Any "occurrence"which takes place are completed. after you cease to be a tenant of that 2. With respect to the insurance afforded to premises. these additional insureds,the following addi- (b) Structural alterations, new construc- tional exclusions apply: tion or demolition operations per- This insurance does not apply to: formed by or on behalf of the man- a. "Bodil ager or lessor. Y injury", mJ"property damage" or "personal and advertising ury" arising (2) Any person or organization from whom out of the rendering Of, or the failure to you lease equipment, but only with re- render, any professional architectural, spect to liability for"bodily injury", "prop- engineering or surveying services, in- arty damage"or"personal and advertis- cluding: ing injury'caused, in whole or in part, by your maintenance, operation or use of (1) The preparing, approving, or failing equipment leased to you by such per- to prepare or approve, maps, shop son(s)or organization(s). drawings,opinions, reports, surveys, field orders, change orders or draw- However, this insurance does not apply ings and specifications;or to any "occurrence" which takes place after the equipment lease expires. (2) Supervisory, inspection, architec- (3) Any state or political subdivision, subject tural or engineering activities. to the following additional provision: b. "Bodily injury" or "property damage" This insurance applies only with respect occurring after: to the following hazards for which the (1) All work, Including materials, parts stale or political subdivision has issued a or equipment furnished in connec- permit in connection with premises you tion with such work, on the project own, rent, or control and to which this in- (other than service, maintenance or surance applies: repairs) to be performed by or on (a) The existence, maintenance, repair, behalf of the additional insured(s) at construction, erection, or removal of the location of the covered opera- advertising signs, awnings, cano- lions has been completed;or pies, cellar entrances, coal holes, (2) That portion of "your work" out of driveways, manholes, marquees, which the injury or damage arises hoist away openings, sidewalk has been put to its intended use by vaults, street banners, or decors- any person or organization other lions and similar exposures;or than another contractor or subcon- (b) The construction, erection, or re- tractor engaged in performing op- moval of elevators;or erations for a principal as a part of the same project. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6 Office.Inc.,with its permission c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE A for damages or under COVERAGE C The following is added to paragraph 2. Duties In for medical expenses shall reduce the The Event Of Occurrence, Offense, Claim Or Single Construction Project General Ag- Suit of SECTION IV — COMMERCIAL GEN- gregate Limit for that construction pro- ERAL LIABILITY CONDITIONS: ject away from premises owned by or rented to the insured. Such payments e. A report of an "occurrence", offense, claim shall not reduce the General Aggregate or"suit" to: Limit shown in the Declarations nor shall (�) You, it you are an individual, they reduce any other Single Construc- tion Project General Aggregate Limit for (2) A partner, if you are a partnership, any other separate construction project away from premises owned by or rented (3) An executive officer, if you are a to the insured. corporation, or d. The limits shown in the Declarations for (4) A manager, if you are a limited liability Each Occurrence, Fire Damage and company, Medical Expense continue to apply. is considered knowledge and requires you to However, instead of being subject to the notify us of the"occurrence", offense, claim, General Aggregate Limit shown in the or"suit"as soon as practicable. Declarations, such limits will be subject to the applicable Single Construction f. We are considered on notice of an Project General Aggregate Limit. "occurrence", offense, claim or "suit" that is 2. For all sums which the insured becomes reported to your Workers' Compensation legally obligated to a as damages caused ins'occu r an event which later develops into 9 Y pay an "occurrence", offense, claim or "suit" for by "occurrences" under COVERAGE A which there Is coverage under this policy. (SECTION 1), and for all medical expenses However, we will only be considered on caused by accidents under COVERAGE C notice if you notify us as soon as you know (SECTION 1), which cannot be attributed the claim should be addressed by this policy only to ongoing operations at a single desig- rather than your Workers' Compensation nated construction project away from prem- policy. ises owned by or rented to the insured: a. Any payments made under COVERAGE K. UNINTENTIONAL OMISSIONS A for damages or under COVERAGE C The following is added to paragraph 6. Repre- for medical expenses shall reduce the sentations of SECTION IV - COMMERCIAL amount available under the General Ag- GENERAL LIABILITY CONDITIONS: gregate Limit or the Products-Completed d. If you unintentionally fail to disclose any ex- Operations Aggregate Limit, whichever posures existing at the inception date of your is applicable; and policy, we will not deny coverage under this b. Such payments shall not reduce any Coverage Part solely because of such failure Single Construction Project General Ag- to disclose. However, this provision does gregate Limit. not affect our right to collect additional pre- mium or exercise our right of cancellation or 3. When coverage for liability arising out of the non-renewal. "products-completed operations hazard" is provided, any payments for damages be- This provision does not apply to any known cause of"bodily injury or"property damage" injury or damage which is excluded tinder included in the "products-completed opera- any other provision of this policy. tions hazard" will reduce the Products- L. MENTALANGUISH Completed Operations Aggregate Limit, and Paragraph 3. of SECTION V— DEFINITIONS is not reduce the General Aggregate Limit nor the Single Construction Project General Ag- deleted and replaced bythe following: gregate Limit. 3. "Bodily injury" means bodily injury, sickness 4. If the applicable construction project away or disease sustained by a person, Including from premises owned by or rented to the in- mental anguish or death resulting from any sured has been abandoned, delayed, or of these at anytime. abandoned and then restarted, or if the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE- thorized contracting parties deviate from COVERY AGAINST OTHERS plans, blueprints, designs, specifications or timetables, the project will still be deemed to Paragraph B. Transfer Of Rights Of Recovery be the same construction project. Against Others To Us of SECTION IV— COM- MERCIAL GENERAL LIABILITY CONDITIONS 5. The provisions of Limits Of Insurance is amended by the addition of the following: (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CL CG 00 20 03 07 Includos mpyrighted material of Insurance Servioes Page 4 of 6 Office,Inc.,with its perrnissiun (2) Claims made or"suits"brought;or 9. Subject to 0. above, the Medical (3) Persons or organizations making Expense a under Coverage C for allvmedi- claims or bringing"suits". cal expenses because of"bodily in- d. The following are added to Section 111 — jury" sustained by any one person Limits Of Insurance: arising out of the actual, alleged or 'ec[to 2. or 3. above, whichever threatened discharge, dispersal, 8. Subject seepage, migration, release or es- applies, the most we will pay for the cape of"pollutants". sum of: O. OTHER INSURANCE a. Damages under Coverage A; and If this policy includes a Coverage Form or an Endorsement which provides coverage for loss b. Medical expenses under Cover- or damage covered by one or more of the Ex- age C tensions of this endorsement, the limit and the because of "bodily injury or "prop- coverage provided by this endorsement are de- leted and replaced by the limit and coverage tual, alleged or threatened dis- provided by that Coverage Form or Endorse charge, dispersal, seepage, migra- ment. lion, release or escape of "pollut- ants"is$100,000. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.,with its Permission •www.salf.com OREGON WORKERS COMPENSATION -' saiF CERTIFICATE OF INSURANCE �lcorporation MAIL TO: CERTIFICATE HOLDER: AUSLAND BUILDERS INC CITY OF ASHLAND AUSLAND GROUP ASHLAND FIRE & RESCUE 3935 HIGHLAND AVE 455 SISKYOU BLVD GRANTS PASS, OR 97526 ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 756372 07/01/2011 to 07/01/2012 04/16/2012 INSURED: BROKER OF RECORD: AUSLAND BUILDERS INC WARD INSURANCE AGENCY INC AUSLAND GROUP PO BOX 10167 3935 HIGHLAND AVE EUGENE, OR 97440 GRANTS PASS, OR 97526 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: Fire Station #2 IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE ABOVE NAMED CERTIFICATE HOLDER. AUTHORIZED REPRESENTATIVE FjCgqC!P',Jp )Zq44ip- - President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.373.8020 CITY RECORDER Page 1 / 1 LA 20 CITY O F ASHLAND �, DATE. ,': � ...PO NUMBER.' -. , E MAIN ST. 5/7/2012 10848 ASHLAND, OR 97520 (541)488-5300 VENDOR: 008030 SHIP TO: Ashland Fire Department AUSLAND BUILDERS (541)482-2770 3935 HIGHLAND AVE 455 SISKIYOU BLVD GRANTS PASS, OR 97526 ASHLAND, OR 97520 FOB Point: Req.No.: - Terms: Net Dept.: Req.Del. Date: Contact: John Karns Special Inst: Confirming? NO . . !Quaoh ,...:1 Unit _ �. � -�-� � � ,.'. �._..DescFi lion � - � �'.�'._ . ` ' Unit Price. - . Ext.:Price Fire Station 2 -Construction 2,184,400.00 Project 000175, 1860 Ashland Street Per attached contract Beginning date: May 1, 2012 Insurance and Bonds required/On file SUBTOTAL 218440000 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 2,184,400.00 ASHLAND, OR 97520 Account Number. Project Number'`. ' Amount Account Number .. Project Number: Amount:' E 410.08.24.00.70420 E 000175.999 2-118-4140-0-0-0- AuWorized Signature VENDOR COPY FORM #3 CITY OF r,, ASHLAND REQUISITION Date of request: os-oz-zolz Required date for delivery: Vendor Name At eland rin p Address,City,State,Zip 3935 Highland Avenue Grantsoass Oregon 97526 Contact Name&Telephone Number 541476-3788 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ Reason for exemption: Invitation to Bid (Copies on file) [] Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: t}- 1 rl.1,Z ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5.000 to$100.000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Form#9,Request for Approval Interoovemmental Agreement $5.000 to$75.000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: ❑ (3)Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost Rebuild Station 2located at 1860 Ashland Street,Ashland,Oregon 97520 $2,184,400.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $2,184,400.00 Project Number 000175.999 Account Number 410.08.24.00.704200 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes I No By signing this requisition f rT,I certify that the City's public contracting requirements have been s tislied. Employee Signature: Department Head Signature: t^^ •� (Equal to or greater than$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year: L S Finance Director-(Equal to org�reaterthan 5,000) Date Comments: Form#3-Requisition _ CITY OF FORM #12 ASHLAND REQUEST FOR BUDGET REVIEW To: Lee Tuneberg, Finance Director From: Fire Chief John Karns Date: 51312012 Re: Request for Budget Review to Verify Adequate Funds Available In accordance with AMC 2.50.080(A)for Formal Processes the Finance Director must sign off that there are appropriate funds for the project before.the project is put out for bids. (Note: The department is to request by memo a budget review to the Finance Director to ensure adequate funds are available prior to releasing the Invitation to Bid (ITB) or Request for Proposal (RFP).If the amount of the successful bid or proposal exceeds the initial amount approved as a result of the budget review,the department is to request by memo another budget review to ensure adequate funds are available for the additional amount prior to the department requesting approval from the City Council to award and execute the intended public contract.) REQUEST FOR BUDGET REVIEW PRIOR TO RELEASE OF ITB OR RFP: Ashland Fire and Rescue Station 2, 1860 Ashland Street, Ashland, Oregon 97520 Construction or new Fire Station Amount budgeted: S3, 000, 000.00 Account Number 410.08.24.00.704200 Project Number 000.175.999 Timeline of intended project: (4-18-2012 up to 10 months) � Funds appropriated for current fiscal year: YES)/ NO Deparnnen Head - /` ' e S. 3 Lo / T Finance Director ate Date REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO RELEASING ITB OR RFP: Actual amount of bill proposal: $ 2, 184, 400.00 Funds appropriated for current fiscal year: OE / NO epartment H ad r Iu.,_._e---t '��' T�/L Finance Direct r Date Date Form#12—Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1,5/212012