HomeMy WebLinkAbout2012-174 Contract - NW Biological Consulting T•
OF
CITY OF ASHLAND
\SHLAND
►_� PUBLIC IMPROVEMENT CONTRACT
ASHLAND CREEK BANK RESTORATION PROJECT
Proiect No. 2 0629
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon(hereinafter"City" ) and Northwest Biological Consulting (Hereinafter"Contractor").
The City's Project Manager for this Contract is or, aQ n W,avman. GiG�of Ashland&ublic Works
Departmen .
WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package
(including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and
Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and
Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda
No. 1 through No. 2, more particularly described in Standard Condition 5, (hereinafter referred
to as "Contract Documents") for its project entitled "Ashland Creek Bank Restoration Project "
and
WHEREAS, Contractor did on the 7th day of June, 2012, file with City a bid to furnish
equipment, labor, material, and appurtenances for construction of said project as set forth in the
Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth
in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms
and conditions upon which the Contractor proposes to furnish said equipment, labor, material and
appurtenances and perform said work, together with the manner and time of furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and
agree as follows:
1. Recitals.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on une h9, 20 2, or on the date at which every party has signed this
contract, whichever is later. All work under this contract shall, unless otherwise terminated or
extended, be completed on or before December 12, 2012. All in-water work, including de-
watering and removal of all construction equipment and debris, shall occur between August 1 and
September 15.
City of Ashland 32
3. Statement of Work
The work under this contract is for Ashland Creek Bank Restoration Proiect, including, but not
limited to, de-watering channel re-conflpuration, installation of in-stream structure, installation
of buried and slip lined HDPE Vie, low-head concrete dam removal, and planting as is more
fully described in the Contract Documents, incorporated herein and made a part hereof by this
reference. The statement of work, including the delivery schedule for the work, is contained in
the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence
at the date the Contract is signed and further acknowledges Contractor has read and fully
understands the Contract Documents, and understands that in signing this Agreement contractor
waives all rights to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract
Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment
and services of all kinds required for, necessary for, or reasonable incidental to, performance of
the work, that is, the construction of this Ashland Creek Bank Restoration Project for the City of
Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal,
County, State, or Federal Permits or licenses including payment of permit fees, license fees and
royalties necessary or incident to performance of the work on this contract. The risk of loss for
such work shall not shift to the City until written acceptance of the work by the City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, a sum of: $247,452.00 for accomplishing the work required by this contract,
including allowable expenses. This sum cannot be modified except by Change Order approved
in writing by City. Any progress payments to Contractor shall be made only in accordance
with the schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this
contract during the 2012 fiscal year. Contractor understands and agrees that City's payment of
amounts under this contract attributable to work performed after the last day of the specified
fiscal year is contingent on City appropriations, or other expenditure authority sufficient to
allow City in the exercise of its reasonable administrative discretion, to continue to make
payments under this contract. In the event City has insufficient appropriations, limitations or
other expenditure authority, City may terminate this contract without penalty or liability to
City, effective upon the delivery of written notice to Contractor, with no further liability to
Contractor.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print: p 1- rj
Contact Name: Phone. — v Fax:
Address: Q
Do Not Write Federal and State Tax ID N m ers on this greement: One copy of W-9 is to be
submitted with the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License#131—tloL 2, Construction Contractors Board #
Citizenship: Nonresident alien Yes No
City of Ashland 33
Business Designation (check one): !X Individual _ Sole Proprietorship
Partnership Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be
reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided
above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information
not matching IRS records could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A) together with Exhibits B through J and together with all other Contract
Documents as described in Standard Terms and Conditions Section 5 below, and the separately
bound Oregon 2008 Standard Specifications for Construction, as amended by the City of
Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this
contract and agree to perform the work described in the Contract Documents, including Exhibit
A, in accordance with the terms and conditions of this contract. I further understand the City is
prohibited from entering into a contract when the contractor has neglected or refused to file any
return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under
penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
Signed by Contractor:
Signature/Title — Wte
Printed Name:
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it
has been executed by the Public Contracting Officer or designee as well as City Finance and
Legal Department representatives.
CITY OF ASHLAND SIGNATURE
Approved:
Mike Faught, Director of ublic Works, City of Ashland Date
- Authorized by Ordinance 3013 and Delegation Order dated . 2010
Coding: n
Reviewed: 1
7 /z
m�David Lohma , Ity Attorney (approv1xhibit as to legal form) Date
ATTACHMENTS: Certificate of Representation, A, Exhibit B, Exhibit C - Insurance
requirements, Exhibit D, Exhibit E, (Bonds)
City of Ashland 34
i
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be
issued to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup
withholding or(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject
to backup withholding as a result of a failure to report all interest or dividends, or(iii) the IRS has
notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the contract
documen s, and has checked four or more of the following criteria:
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
__J,e�(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
L--O)—Labor or services are performed only pursuant to written contracts.
�) Labor or services are performed for two or more different persons within a period of
one year.
(6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
!Y r�/2
Contractor ^� 7—Date
City of Ashland 35
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City of Ashland 36
EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
1. Contractor is Independent Contractor
a. Contractor shall perform the work required by this contract as an independent contractor. Although the City
reserves the right(i)to specify the desired results; (ii) to determine(and modify) the delivery schedule for the work
to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control
the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate
means and manner of performing the work.
b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal
government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as
certified on the Independent Contractor Certification Statement attached as Exhibit D.
C. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid
to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees'
Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this
contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract,or assign, sell, dispose of, or transfer any
of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior
written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under
the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all
provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the
Contractor's rights or delegation of Contractor's duties,the Contractor and its Surety, if any, shall remain liable to the
City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had
occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any
obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor,
material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that
they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's
option, in the event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in
the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the
performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of
ORS Chapter 656, Workers' Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing
in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons
unless such third persons are individually identified by name herein and expressly described as intended beneficiaries
of the terms of this contract.
City of Ashland 37
4. Successors in Interest
The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their
respective successors and approved assigns, if any.
5. Contract Documents
The Contract Documents,which comprise the entire Contract between the City and Contractor, include all sections or
parts of the bid package however denominated, including all documents and plans attached or referenced therein,the
Notice to Contractors- Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public
Improvement Contract,Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment
Bond, Special Provisions, Plans entitled"Ashland Creek Bank Restoration",Construction Drawings, Standard
Drawings,and Contract Addendums,all attached hereto,and incorporated herein by this reference,together with the
Prevailing Wage(BOLD if applicable AND any other separately bound reference,Oregon 2008 Standard
Specifications for Construction,and City of Ashland Addenda, incorporated herein by this reference. All exhibits,
schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents,shall be
deemed a part of the Contract Documents and incorporated herein,where applicable,as if fully set forth herein.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the
Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this
reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors,
ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by
the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey
understanding of terms and conditions for performing and furnishing the project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that
includes,at a minimum,the following:
i. A written employee drug-testing policy,
ii. Required drug testing for all new Subject Employees or alternatively, required testing of
all Subject Employees every 12 months on a random selection basis, and
iii. Required testing of a Subject Employee when the Contractor has reasonable cause to
believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug-
testing Program." For the purposes of this section,an employee is a"Subject Employee"only if that employee will be
working on the Public Improvement project job site.
C. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a
Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect
for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further,
the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is
contingent on Contractors compliance with this representation and warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the
subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying
Employee Drug-testing Program is in place at the time of subcontract execution and will continue
in full force and effect for the duration of the subcontract;or
City of Ashland 38
` ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying
Employee Drug-testing Program for the duration of the subcontract.
8. Notice to Proceed
Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond,
payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed
and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the
need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work
within fifteen (15)days of the date of the written Notice to Proceed. Contractor is not to commence work under the
Contract prior to such written notice.
9. Suspension of the Work
The City, and its authorized representatives, may suspend portions or all of the project work due to causes including,
but not limited to:
a. Failure of the Contractor to correct unsafe conditions;
b. Failure of the Contractor to carry out any provision of the Contract;
C. Failure of the Contractor to carry out orders;
d. Conditions,in the opinion of the City,which are unsuitable for performing the project work;
e. Allowance of time required to investigate differing site conditions;
f Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work
is suspended pursuant to subsections (a), (b) or(c). If the project work is suspended pursuant to subsection (f), the
Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs
resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall
not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from
such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this
contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or
Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this
contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in
accordance with specifications.
10. Early Termination
a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed
appropriate in its sole discretion.
C. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City,
in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the
Contractor's surety,seven(7)days prior written notice of a termination for public convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the
other. Prior to such termination, however, the party seeking the termination shall give to the other party written
notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15
days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a
written notice of termination.
City of Ashland 39
11. Payment on Early Termination
a. If this contract is terminated under 10(a)(b)or(c),the City shall pay the Contractor for work performed in
accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall
pay the Contractor as provided in subsection(a)of this section.
C. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall
pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in
section 12, Remedies.
12. Remedies
In the event of termination under 10 (d), by the City due to a breach by the Contractor, then the City may complete
the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of
completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,
then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under
paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful
possession of the Project site and premises, and materials located on and off the Project site and premises for which
the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to
termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive.
The City also shall be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Contract by the City,then the Contractor's remedy shall be limited to termination of the
Contract and receipt of payment as provided in section 1 I(b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents,
papers and records of Contractor which relate to this contract for the purpose of making audit,examination, excerpts,
and transcripts for a period of three years after final payment. Copies of applicable records shall be made available
upon request. Payment for cost of copies.is reimbursable by the City.
14. Ownership of Work .
All work products of the Contractor that result from this contract, including but not limited to background data,
documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and
preliminary work submitted to the City for review and comment shall not be considered as owned,used or retained by
the City until the final document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other
intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be
noted as such and shall not be considered as a work product of this contract. All such work products shall be
considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent
laws.
Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is
at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City.
All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of
City. Such materials are subject to Oregon Public Records laws.
City of Ashland 40
15. Compliance with Applicable Law
Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws
and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules
applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through
279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth
on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS
279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375,
and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting);
ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520,
279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS
279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS
279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full.
Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS
BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of
1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS
659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other
applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition,
Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be
in this contract shall be considered included and incorporated into the Contract and made a part hereof by these
references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed
by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all
subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the
Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS
701.035 to 701.055 before the subcontractors commence work under the contract.
17. Prevailing Wages/BOLT Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800
through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the
prevailing rate of wages as of the date of the Public Notice,per hour, per day,and per week for and to each and every
worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838,
each worker in each trade or occupation employed in the performance of the Contract either by Contractor ,
subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the
Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher.
Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, are attached to
these Contract Documents as Or can be found at the following websites:
www.ore og_n.eov/boli. When both federal and state prevailing wages are required to be included in the contract
specifications, the City shall also include in the specifications information showing which prevailing rate of wage is
higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of
Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules)
b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing
Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS
279C.840. Pursuant to ORS 279C.830(I), the existing prevailing rate of wage that may be paid to workers in each
trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and
made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers
shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)]
C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to
the administrative rule of the commissioner and as provided in ORS 279C.825(i). The fee shall be paid on or before
the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by
City of Ashland _ 41
administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and
Hour Division Prevailing Wage Unit 800 N.E.Oregon Street#32 Portland Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works
bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS
279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)]
The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and
Industries to workers performing labor upon public works projects.The bond must be a continuing obligation,and the
surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the
bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety
sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to
permitting the subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and
file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau
of Labor and Industries (BOLT), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that
conforms to the requirements of ORS 279C.845.
18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day, or 40 hours in any
one week, except in cases of necessity,emergency or when the public policy absolutely requires it, and in such cases,
except in cases of contracts for personal services,the employee shall be paid at least time and a half pay:
(a) (1)For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is
five consecutive days, Monday through Friday;or
(2)For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is
four consecutive days, Monday through Friday; and
(b)For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section
and from ORS 279C.520 and ORS 279C.540.
(d) When labor is employed by the City through another as a contractor,any worker employed by the contractor
shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is
filed with the contractor within 90 days from the completion of the contract,providing the contractor has:
(1)Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted
in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and
freely visible to workers employed on the work.
(2)Maintained the circular continuously posted from the inception to the completion of the contract on which
workers are or have been employed.
(e) At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting,
of the number of hours and days per week the employees may be required to work. [2790.520(2)(5)]
19. Medical Care and Workers Compensation [ORS 279C.5301
(1) Pursuant to ORS 279C.530(1),Contractor shall promptly, as due, make payment to any person, co-
partnership,association or corporation furnishing medical,surgical and hospital care services or other needed care
and attention, incident to sickness or injury,to the employees of the contractor,of all sums that the contractor agrees
to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law,contract or agreement for the purpose of providing or paying for the services.
(2) Pursuant to ORS 279C.530(2),All employers, including Contractor,that employ subject workers who work
under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers
Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of
its subcontractors complies with these requirements..
City of Ashland 42
20. Retainage
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance
- with ORS 701.420 and 701.430. [279C.555]"Retainage" means the difference between the amount earned by a
contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys
retained by a contracting agency under ORS 279C.570(7)shall either be: (a)retained in a fund by the City and paid
to the contractor in accordance with ORS 279C.570;or(b)At the election of the contractor,paid to the contractor in
accordance with the two options below:
• The contractor may deposit bonds,securities,or other instruments with the City or in any bank or trust
company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the
City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and
-pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds
or securities shall accrue to the contractor. (or)
• If the contractor elects,the City shall deposit the retainage,as accumulated, in an interest-bearing account in
a bank,savings bank,trust company or savings association for the benefit of the City. Earnings on the
account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1)or(5),
the City may recover such costs from the contractor by reduction of the final payment. As work on the contract
progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and
securities deposited or acquired in lieu of retainage,as permitted above, shall be of a character approved by the City
Attorney and City Finance Director, including but not limited to:
(a) Bills,certificates, notes or bonds of the United States.
(b)Other obligations of the United States or its agencies.
(c)Obligations of any corporation wholly owned by the federal government.
(d) Indebtedness of the Federal National Mortgage Association.
(e)General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated
with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds
retained,or to be retained,by the City in a form acceptable to the City.The bond and any proceeds therefrom shall be
made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS
279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the
value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever
a City accepts a surety bond from a contractor in lieu of retainage,the contractor shall accept like bonds from any
subcontractor or supplier from which the contractor has retainage.The contractor shall then reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier.
[279C.560]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and
those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City
for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These
estimates shall include value of labor performed and materials incorporated in the work since commencing work
under the Contract. Such estimates need not be made by strict measurements and may be approximate only,and shall
be based upon the whole amount of money that will become due according to terms of the Contract when Project has
been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials
or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location
agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or
such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment
City of Ashland 43
or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement
from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are
made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress
payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the
Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when
the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no
progress payment will be made for that estimate period,unless approved by the City.
C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an
itemized cost breakdown relating thereto and have the City approve same before commencing work; progress
estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the
City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress
estimates on the work. In case said unii prices do not, in the opinion of the City, truly represent actual relative costs
of different parts of work,a percentage of the Unit Price may be used in making progress estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's
operations including, without limitation, claims from any City Department or other governmental agency, an amount
equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been
resolved to the satisfaction of City.
f Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the
Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed,
whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the
imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set
forth in ORS 279C.570(4)(5)(6).
g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage.
Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage
shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the
Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not
less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained
amount equivalent to not less than one hundred percent(100%) of the contract value or estimated value or estimated
cost, whichever is greater,of the work remaining to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such approval if, in the City's
opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City
may also decline to approve an application for payment or may reduce said payment or, because of subsequently
discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously
made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work
not remedied,(2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for
labor, materials or equipment, unless Surety consents to such payment, (3)reasonable doubt that the work can be
completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable
indication that the work will not be completed within the Contract time,(6)unsatisfactory prosecution of the work by
the Contractor,(7)claims against the Contractor by the City, (8)failure to submit a construction schedule or failure to
keep said construction schedule updated,or(9)exceeding work limits. When any or all of the criteria set forth above
have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of.them.
Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the
Contractor to interest on such withheld payments or partial payments,except as provided in ORS 279C.570(9).
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no
further estimate may be accepted or progress or other payments allowed until the Project is completed, unless
approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are
not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work
or materials or waiver of any defects therein. [ORS 279.570(2)].
City of Ashland 44
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the
work is considered substantially complete. If it appears to the City that the work is not substantially complete, the
City shall not make an inspection. The City may make a general list of major work components remaining. If it
appears that the work is substantially complete,the City shall, within fifteen(15)days after receiving notice, make an
inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall
prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial
Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work
described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the
work and all other applicable terms of the contract documents. The date of substantial completion of all the work
shall stop the accrual of liquidated damages,•ifapplicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it
appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may
make a general list of major work components remaining. If it appears that the work is 100% complete, the City
shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify
Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until
all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a
signed Certificate of Compliance, Exhibit G and executed"Release of Liens and Claims."(Exhibit H).
b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final
Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and
Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special
Provision, when City accepts the Certificate of Final Completion,the date the Contractor signs the Certificate of Final
Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The
contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance
with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract
deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and
equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to
Contractor's failure to meet any contract provision or specification other than timely completion.
C. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City
to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay
estimate,an itemized statement of any and all claims for additional compensation under the Contract which are based
on differences in measurements or errors of computation. Any such claim not so submitted and supported by an
itemized statement within said period is expressly waived and the City shall not be obligated to pay the same.
d. The Contractor shall commence any suit or action to collector enforce the claim or claims for any additional
compensation arising from errors of computation in the final estimate within a period of one (1) year following the
original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address
as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not
alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1)year period,
the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if
revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor
expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement
thereof that Contractor might have had.
C. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit
the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the
City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within
thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final
payment/retainage requirements of ORS 279C.570(8).
City of Ashland 45
f Monies earned by the Contractor are not due and payable until the procedures set forth in the contract
documents for inspection, approval and acceptance of the work; for determination of the work done and the amount
due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same
for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final
estimate and Certificate of Final Completion and processing same for payment all have been carried out.
g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State
of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been
satisfied.
It. If City declares a default of the Contract, and Surety completes said Contract, all payments made after
declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with
the terms of the Contract.
i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether
known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to
release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract.
j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS
279.570(9).
23. Change Orders/Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements,
including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the
City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the
City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either
the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party
to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated
contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in
writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated
authority, City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or
authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall
constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such
unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the
performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and
quantum merull for any and all extra work performed by Contractor without express and prior authorization of the
City.
24. Contractor/Subcontractor Payment Obligations
a. The Contractor is required to include in each subcontract for property or services entered into by the
Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract:
i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory
performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under
such contract; [279C.580(3)(a)]and
ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after
receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case
of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph
(a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason
that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or
first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest
penalty shall be:
City of Ashland 46
A. For the period beginning on the day after the required payment date and ending on the date on
which payment of the amount is due made;and
B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of
such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest
penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its
subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.
[279C.580(4)]
C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS
279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is
entitled to the payment of such amount. [279C.570(1)].
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to
subsections(3)and(4)of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not
be included as a party in any administrative orjudicial proceeding involving such a dispute. [279C.580(2)]
e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or
,material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall
pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund
from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The
Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible
for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)]
The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
[ORS 279C.505(1)(d)]
f Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any claim
for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as
such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the
payment against funds due or to become due Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days
after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall
owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due
under ORS 279C.580(4)and ending upon final payment, unless payment is subject to a good faith dispute as defined
in ORS 279C.580.The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall
equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal
Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the
contracting agency or from the contractor,but the rate of interest may not exceed 30 percent.The amount of interest
may not be waived.
h. Pursuant to ORS 279C.5 t 5(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to
a person furnishing labor or materials in connection with the public improvement contract,the person may file a
complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in
ORS 279C.580.
i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve
the contractor or the contractor's surety from obligation with respect to any unpaid claims.
j. Living Wage Rates: If the amount of this contract is$18,703 or more, and Contractor is not paying prevailing
wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living
wage,as defined in this chapter,to all employees performing work under this contract and to any subcontractor who
City of Ashland 47
performs 50%or more of the work under this contract. Contractor must post the attached Living Wage '- notice
predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor
shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial
loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement
Contract City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or
other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time.
Accordingly, instead of requiring any such proof,City and Contractor agree that as liquidated damages for delay(but
not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every
day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-
estimation of the damages expected because of a delay in the completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become due to the
Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in
respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver
of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete
the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the
contract time, or adjusted contract time,has expired shall in no way operate as a waiver on the part of the City or any
of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a
showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the
parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards
as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of
Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify,
and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or
other costs of whatsoever nature, including attorney's fees and witness costs(at both trial and appeal level,whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in
connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor
or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts,
errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of
the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work
and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their
officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen
difficulties, (c) accidents, or(d) any other cause whatsoever. The Contractor shall assume this responsibility even if
(a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a
condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or
common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought
against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from
all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process.
If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed
or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a
limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any
such action or claim is brought against the City,the Contractor shall, if the City so elects and upon tender by the City,
defend the same at the Contractor's sole cost and expense, promptly satisfy anyjudgment adverse to the City or to the
City of Ashland 48
City and the Contractor jointly, and reimburse the City for any loss, cost,damage,or expense, including attorney fees,
suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in
Exhibit C. All costs for such insurance shall be home by the Contractor and shall be included in the contract price.
In case of the breach of any provision of this section,the City may elect to take out and maintain at the expense of the
Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any
monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided
is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance
acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under
this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount(or limits), policy
numbers, effective and expiration dates and a description of operations covered. The certificate will include the
deductible or retention level and required endorsements. Insuring companies or entities are subject to City's
acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible
for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds/Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond
written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based
upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The
bonds'shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of
all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the
prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other
financial assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an
amount equal to 10%of the final amount of the contract. The City may permit the warranty amount to be included in
the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a
period of one year from the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial
assurance shall be for a period of one year from the date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand
delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after
the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided
labor.The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts
business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution
to a fund of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150
days after the employee last provided labor or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. One-Year Warranty
a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all
necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and
all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or
inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or
adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is
caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this
Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with
relation to such required repair, be extended one year from the date of completion of such repair.
City of Ashland 49
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may
have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case
of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made
without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to
act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs.
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible
by or resulting from this Agreement on the grounds of sex, race, color,creed, marital status,age, sexual orientation or
national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS
Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers
against any employee or applicant for employment because of race, religion, color, sex,national origin, marital status
or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it
is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital
status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of
any other person with whom the individual associates, or because of a juvenile record that has been expunged
pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge
from employment such individual or to discriminate against such individual in compensation or in terms, conditions
or privileges of employment. Any violation of this provision shall be considered a material violation of the
Agreement and shall be grounds for cancellation,termination,or suspension in whole or in part.q
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract
includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved
site, if feasible and cost effective. [ORS 279C.510(1)&(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(I), the following is a list of federal, state and local agencies which have enacted
ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that may affect the performance of the contract.
Federal Aeencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service(NMFS)
Defense,Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
City of Ashland 50
Bureau of Mines
Bureau of Reclamation
Geological Survey .
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
Consumer& Business Services, Department of
Oregon Occupational Safety& Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Engineer
State Land Board(Lands, Division of State)
Water Resources Department
Local Agencies:
CITY of ASHLAND
City Council(Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,
rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes,
ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural
resources occurring after the submission of the successful bid,the City may:
(a)Terminate the contract;
(b)Complete the work itself;
(c)Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services;or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
City of Ashland 51
The solicitation documents make specific reference to known conditions at the construction site that may require the
successful bidder to comply with the ordinances,rules or regulations identified above. if Contractor encounters a
condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable by a
reasonable pre-bid visual site inspection,and the condition requires compliance with the ordinances,rules or
regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice
of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be
required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence
work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3)of
this section without written direction from the contracting agency. Upon request by the City,the Contractor shall
estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the
encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within
a reasonable period of time following delivery of an estimate of this section,the City may:
(a)Terminate the contract;
(b)Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d)Require that the underlying property owner be responsible for cleanup;
(e)Solicit bids for a new contractor to provide the necessary services; or
(t) Issue the contractor.a change order setting forth the additional work that must be undertaken.
If the City chooses to terminate the contract under either subsection(a)of this section,the Contractor shall be entitled
to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the
percentage of the work completed.The City shall have access to the contractor's bid documents when making the
contracting agency's determination of the additional compensation due to the contractor. If the contracting agency
causes work to be done by another contractor under either subsection(c)or(e)above,the initial contractor may not
be held liable for actions or omissions of the other contractor. The change order under either subsection (f)of this
section shall include the appropriate extension of contract time and compensate the contractor for all additional costs,
including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes,
ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the
contracting agency's determination of the additional compensation due to the contractor.
Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource
risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents;and
34. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any
other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either
before or after completion and acceptance of work or payment therefore, from showing the true amount and character
of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate
or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall
not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in
accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by
reason of their failure to comply with terms of the Contract,or from enforcing compliance with the Contract. Neither
acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any
extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate
as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided.
A waiver of any breach of the Contract shall not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work required under
this contract without undue delays and without additional cost.
City of Ashland 52
36. Governing Law
The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances
of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be
brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it
shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no
event shall this section be construed as a waiver of the City of any form of defense or immunity..
37. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held
invalid.
38. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover
from the other party, in addition to costs and disbursements provided by statute,any sum which a court, including any
appellate court, may adjudge reasonable as attorney's fees.
39. Business License
The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work
under this contract. The Contractor shall provide a business license number in the space provided in this contract.
40. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices,
bills,and payments sent by mail should be addressed as follows:
City: Morgan Wayman,Engineering
City of Ashland
Public Works Department
20 East Main Street
Ashland,OR 97520
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other
instances, notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in
the names and addresses of the person to whom notices,bills, and payments are to be given by giving notice pursuant
to this paragraph.
41. Conflict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in
the performance of this contract no person having any such interest shall be employed.
42. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
City of Ashland 53
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
.AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING
THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND
UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
City of Ashland 54
t
EXHIBIT B
COMPLIANCE WITH APPLICABLE LAW
PUBLIC IMPROVEMENT CONTRACT
This exhibit contains the requirements for public contracting as set forth in ORS Chapter
279C.360 through and including 279C.800 and is available through the city Engineering Office at
51 Winbum Way, Ashland, Oregon or online at www.leg.state.or.us/ors
City of Ashland 56
EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the
term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be
without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall
maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in the State
of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage,
unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its
subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less
than ■ $1,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property
damage. It shall include coverage for broad form contractual liability; broad form property damage;
personal and advertising injury; owners and contractor protective; premises/operations; and
products/completed operations. Coverage shall not exclude excavation, collapse, underground, or
explosion hazards. Aggregate limits shall apply on a per-project basis.
■ Required by City ❑ Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less
than ■ $1,000,000 or ❑ $3,000,000 for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired and non-owned vehicles. "Symbol One"coverage shall be designated.
■ Required by City ❑ Not required by City
O Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the
value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall
also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and
(5) supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its
insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate
ofinsurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services
to be provided under this contract. This coverage shall be by endorsement physically attached to the
certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers'compensation and employers liability coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City approval. If requested, copies of
City of Ashland 57
insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-
insured retention's, and/or self-insurance.
City of Ashland 58
co� CERTIFICATE OF LIABILITY INSURANCE OF ID DS DATE(MINDD/VYYY)
07 11 12
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: the certificate holder Is an ADDITIONAL INSURED,t e po c es)must be endorsed. U SUBROGATION ,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 endorsement(s).
PRODUCER
NAME:
FAA
Insurance Marketplace, Inc. AD,Em)o (A'c•No):
1998 Skypark Dr Suite 100 _ADDRESS:
Medford OR 97504 cus%GE ID a: NORTH32
Phone:541-779-0177 Fax:FAX 772-8235 INSURER(S)AFFORDWG COVERAGE NAICIt
INSURED INSURERA: CNA Commercial
Northwest Biological Consultin INSURER B: CNA Commercial
Scott English Dba
324 Terrace Street INSURERC:
Ashland OR 97520
INSURER D
INSURER E:
,INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 WHICH 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSR WVTI POLICY NUMBER (MM/DD/YYYY)I(MAVDD/YYYY) UMITS
GENERAL LIABILITY EACH OCCURRENCE $
A X COMMERCIAL GENERAL LIABILITY EEH 288330883 07/01/10 07/01/13 PREMISES(Ea ixeJaenca) $
CLAIMS-MADE FxIOMUR MED EXP(My one Person) $
B Professional Liab 4022241559 07/01/12 07/01/13 PERSONAL B ADV INJURY $
GENERAL AGGREGATE $ 1000000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1000000
POLICY PRO- L� $
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ SOOOOOO
(Ea accident)
B X ANY AUTO 4018299835 06/10/12 06/10/13 BODILY INJURY(Per person) $
ALLOWNEDAUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per accident)
NON OWNED AUTOS $
$
UMBRELLA LIAR HOCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
$ WORKERS C011PENSATION 4018368457 oiino/12 _ 06/10/13
AND EMPLOYERS LIABILITY TORY LIMITS ER
ANY PROPRIETOILPARTNER,T.XECUTIVF� E.L EACH ACCIDENT $1000000
OFFICER/MEMBER EXCLUDED? /A
(Myenclatory in NH) E.L.DISEASE FA EMPLOYE $10060000
DESRPTIIONO OrPERATIONS below E .DISEASE-POLICYLIMIT $1606060000
DESCRIPTION OF OPERATIONS]LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Certificate holder is additional insured in respect to General Liability if
required in written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ASHLAND THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Ashland its Officers
and Employees AUTHORIZED REPRESENTATIVE
20 E Main Ave
Ashland OR 97520 Insurance Marketplace Inc.
®1980.2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
A. CONTRAC�TORIS A CORPORATION i a°rt �'£ : - ., �. _§, k:'.•`
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and
certify under penaltyQ of perjury that it is a corporation. �
�Uf490eS'{ 6�C 1rc.(�c`i.(SU�Fi:st � � �4 'z0(Z
Entity Sign re Date
B: CONTRAG1 OR IS INDEPENDENT R t +t
„r
Independent Contractor Standards. As used in various provisions of ORS Chapters including but not
limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for
remuneration shall be considered to perform the labor or services as an "independent contractor" if the
standards of ORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
r
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional occupation
licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of
a periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor'has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
(Check four or more of the following:)
A. The labor or services are primarily carried out at a location that is separate from
Contractors residence or is primarily carried out in a specific portion of Contractors residence,
which is set aside as the location of the business.
B. Commercial advertising or business cards are purchased for the business, or Contractor has
a trade association membership.
C. Telephone listing is used for the business that is separate from the personal residence
listing.
City of Ashland 59
• /D. Labor or services are performed only pursuant to written contracts.
E. Labor or services are performed for two or more different persons within a period of one
year.
F. Contractor assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and
omission insurance or liability insurance relating to the labor or services to be provided.
If any action is taken by a person or enforcement agency relating to Contractor's independent
contractor status in connection with this contract, Contractor shall defend, hold harmless and
indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers
and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor
shall pay any additional costs incurred by the City in defending such action or incurred as a
result of such action. This indemnification is in addition to any indemnification otherwise in
this agreement.
Z 67
D
Contractor Signature Date
yr
ject nager Signature Date
City of Ashland 60
PERFORMANCE-BOND
Theundersimed NORTHWEST BIOLOGICAL CONSULTING ea
principal further referred to in this bond as Contractor and LEXON INSURANCE COMPANY
as surety further referred to in this bond as Surety are jointly end severally bound unto
C&tv of Ashland,as obligee further referred to in this bond as City,in the sum of
TWO HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED FIFTY-TWO AND 001100
Dollars($247,452.00 1.
Contractor and City have entered into a written contract dated JUNE 19 2012
forthe following prof - Ashland Creek Bank Restoration Proiect Thus contract s
further referred to is this bond as the Contract and is incorporated into this bond by this reference. -
The conditions of this bond are:
I.- If Contractor faithfully performs the Contract in accordance with the plans specifications and
conditions of the contract within the time prescribed by the Contract as required by ORS 279C 380
through 279C.385,then this obligation is null and void•otherwise it shall remain in full force and
effect.
2. If Contractor is declared by City to be in default under the Contract the Surety shall pmmptlV
remedy the default perform all of Conbwges obligations under the contract in accordance with its
terms and conditions and nay to City sll damages that ere due under the Contract
3. This bond is subi%t to claims pndcr OR¢222C.380 throueh 279C.390.
4. This obligation iointly and severally binds Contractor and Surety and their respective heirs.
executors,adm'ustrators successors.
5. ju=waives notice of modification of the Contract or extension of the Contract time..
6. Nonpayment of the bond premium shall not invalidate this bond
7. The bond number and the name address..and telephone nuinber of the agent authorized to mce ive
notice,.q concerning this bond are as follows..
Bond Number: 9815132
Bond Agent: FRONTIER 13ONDING SERVICE
Address: 130 NICKERSON ST STE 311
SEATTLE,WA 98109
Telephone: 206-281-8411
SIGNED this 29TH day of JUNE 2012.
CBp otAeidand 62
PERFORMANCE BOND Page 2
WITNESS: CONTRACTOR: NORTHWEST BIOLOGICAL CONSULTING
By:
(Corporate Sean Title:
Legal Address: 324 TERRACE ST
ASHLAND,OR 97520
Attest:
Corporate Secretary
WITNESS: SURETY: LEXON INS NCE COMP NY
(Corporate Seal) By.
��pgnuap�� Title: SUE GEORGE,ATTOR Y-IN- ACT
Legal Address: 130 NICKERSON ST ST 311
eZ pparoR,jrF - SEATTLE,WA 98109
Attest:
Corporate Secretary
hgm�a��
63
Cay o/AShNnd
POWER OF ATTORNEY 9815132
LEXON INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation with its
principal office in Louisville,Kentucky,does hereby constitute and appoint: SUE GEORGE
its true and lawful Attomey(s}In-Fact to make,execute,seal and deliver for,and on its behalf as surety,and as its act and deed a
PERFORMANCE AND PAYMENT BOND under bond or undertaking number 9815132
issued on behalf of NORTHWEST BIOLOGICAL CONSULTING as principal in the
penal sum of$247,452.00
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of
LEXON INSURANCE COMPANY on this I° day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attomey-in-Fact to execute on behalf of the Company any bonds,undertakings,ich policies,
contracts of indemnity or other writings obligatory in nature of a bond not to exceed$247 452.00 whthe
Company might execute through its duly elected officers,and affix the seal of the Company hereto. Any said execution of such
documents by.an Attomey-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by
the regularly elected officers of the Company. Any Attorney-in-Fact,so appointed,may be removed for good cause and the
authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted,and the signature of the Vice-President,and the seal of the Company may be affixed by facsimile to any
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
_ binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any
bond or undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,LEXON INSURANCE COMPANY has caused this instrument to be signed by its
President,and its Corporate Seal to be affixed this 2nd day of July,2003.
LEXON INSURANCE COMPANY
32 Fc+E
?_ rparoWF i- BY ..
`°SEAL v= David E.Campbell
v President
ACKNOWLEDGEMENT .
On this 2"d day of July,2003,before me,personally came David E.Campbell tome known,who being duly sworn,did
depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed
the above instrument,that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of
said corporation.
Notary Public .
CERTIFICATE
1,the undersigned,Secretary of LEXON INSURANCE COMPANY,A Texas Company,DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville,Kentucky this 29th Day of JUNE 2012�a /�
- ld [C�
Donald D.Buchanan
Secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application
for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,
information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to
criminal and civil penalties." _ ._
BOND NO.9815132
PAYMENTBOND
The u_ndersivned NORTHWEST BIOLOGICAL CONSULTING .as
principal further referred to in this bond as Contractor and LEXON INSURANCE COMPANY
as surety further referred to in this bond as Surety are iointly and severally bound unto
City of Ashland as obligee furtber referred to in thkbond as City.in the sum of
TWO HUNDRED FORTY-SEVEN THOUSAND, FOUR HUNDRED FIFTY-TWO AND 00/100
Dollars(S 247.452.00 1. -
Contractor and Cit0mve entered into a written contract dated JUNE 19 2012
for the followinaproicct• Ashlg-nd Creek Bank Restoration Project This contract is
further referred to in this bond as the Contract and is incorporated into this bond by this reference
The conditions of this bond are:
1. It Contractor fait f llyperfotms the Contract within the timely the Contract-and promptly
Makes payment to all claimants as defined in ORS 2790.600_jbrQj eh 279C.620.then this obli cation is
nuts and void'otherwise it shall remain in full force and effect
2. If Contractor is declared by City to be in default under the Contract,the Surety shall promRgy remedy
the default,perform all of Contractor's obligations under the contract in accordance with its terms and
conditions and nay to City all damagrs that are due under the Contract
3. Tti bond is mlbied to claims under ORS 279C.600 through 279C.620,
4. This obligation iointly and severaM binds Contractor and Surety and their Mwetiv heirs.executors,
administrators successors.
S. S`{xM!yvaiyes notice of modification of the Gontma or extension of the Contract time.
6. NonRalmlent of the bond premium shall amt invalidate this bond.
7. The bond number and the name address and teleAone number of the agent authorized to receive
notices concerning this bond are as follows;
Bond Number: 9815132
Bond Agent: FRONTIER BONDING.SERVICE
Address: 130 NICKERSON ST STE 311
SEATTLE,WA 98109
Telepbone: 206-281-8411
SIGNED this 29TH day of JUNE am.
2012
City of Ashland 64
PAYMENT BOND Pete 2
WITNESS. CONTRACTOR NORTHWEST BIOLOGICAL CONSULTING
By:
(Corporate Seal) Tide:
Legal Address: 324 TERRACE ST
ASHLAND,OR 97520
Attest:
Corporate Secretary
WITNESS: SURETY; LEXONIN RAN MPANY
(Corporate Seal) By.
a`, wtCo Tide: SUE GEORGE,A RN -IN-FACT
Legal Address: 130 NICKERSO ST S 311
� O's
=O OOR.ORArF ;: SEATTLE,WA
9
SEAL
Attest:
t,a ` Corporate Secretary
65
Gry of AsMand
POWER OF ATTORNEY 9815132
LEXON INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation with its
principal office in Louisville,Kentucky,does hereby constitute and appoint SUE GEORGE
its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,and w its act and deed a
PERFORMANCE AND PAYMENT BOND under bond or undertaking number 9815132
issued on behalf of NORTHWEST BIOLOGICAL CONSULTING as principal in the
penal sum of$247,452.00 -
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of
LEXON INSURANCE COMPANY on this t° day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attomey-in-Fact to execute on behalf of the Company any bonds,undertakings,policies,
contracts of indemnity or other writings obligatory in nature of a bond not to exceed$247 452.00 ,which the .
Company might execute through its duly elected officers,and affix the seal of the Company hereto. Any said execution of such
documents by an Attomey-in-Fact shall be as binding upon the Company w if they had been duly executed and acknowledged by
the regularly elected officers of the Company. Any Attomey-in-Fact,so appointed,may be removed for good cause and the
authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted,and the signature of the Vice-President,and the seal of the Company may be affixed by facsimile to any
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any
bond or undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,LEXON INSURANCE COMPANY has caused this instrument to be signed by its
President,and its Corporate Seal to be affixed this 2"d day of July,2003.
LEXON INSURANCE COMPANY
gjJ�CF as G
=rpvourfc BY
Z SEAL F�3 David E.Campbell
President
ACKNOWLEDGEMENT
On this 2'day of July,2003,before me,personally came David E.Campbell to me known,who being duly sworn,did
depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed
the above instrument,that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of
said corporation.
arr—Nota.'ry Public
CERTIFICATE
1,the undersigned,Secretary of LEXON INSURANCE COMPANY,A Texas Company,DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville,Kentucky this 29th Day of JUNE , 2012
Donald D.Buchanan
Secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application
for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,
information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to
criminal and civil penalties."
�; STATE OF OREGON O
: z o
�: STATUTORY PUBLIC WORKS BOND
Surety bond#: 9813707 CCB#(if applicable): 137378
We, SCOTT MILLER ENGLISH DBA' NORTHWEST BIOLOGICAL CONSULTING as principal,and
LEXON INSURANCE COMPANY ' a corporation qualified and authorized to do
business in the State of Oregon, as surety, are held and fimily bound unto the State of Oregon for the use and benefit of the Oregon
Bureau of Labor and Industries(BOLL) in the sum of thirty thousand dollars($30,000)lawful money of the United States of America
to be paid as provided in ORS chapter 279C,as amended by Oregon Laws 2005, chapter 360,for which payment well and truly to be
made,we bind ourselves,our heirs,personal representatives,successors and assigns,jointly and severally,firmly by this agreement.
WHEREAS, the above-named principal wishes to be eligible to work on public works prcject(s) subject to the provisions of ORS
chapter 279C, as amended by Oregon Laws 2005, chapter 360, and is, therefore, required to obtain and file a statutory public works
bond in the penal sum of$30,000 with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360,
Oregon Laws 2005,conditioned as herein set forth. -
NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the
principal as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLI against the principal to
workers perforating labor upon public works projects for unpaid wages determined to be due, in accordance with ORS chapter 279C,
as amended by Oregon Laws 2005, chapter 360,and OAR Chapter 839,then this obligation shall be void; otherwise to remain in full
force and effect.
This bond is for the exclusive purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works
projects in accordance with ORS chapter 2790,as amended by Oregon Laws 2005,chapter 360.
This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise
hereunder shall in no event exceed the amount of the penalty of this bond.
This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect
until depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety sooner
- cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on
contracts entered after cancellation by giving 30 days' written notice to the principal,the Construction Contractors Board,and BOLI.
Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLI relating to work performed
during the work period of a contract entered into before cancellation of this bond.
IN WITNESS WHEREOF,the principal and surety execute this agreement. The surety fully authorizes its representatives in the State
of Oregon to enter into this obligation.
SIGNED, SEALED AND DATED this 29 day of June ,20 12
Surety by: Principal by:
Lexon Insurance Company Scott Miller English
Compa» Nmne •' a Name
gnature ue a rge A Signature
Attorney i F ct Owner
Title(e.g.Atrornq) 'alFaco Tide
324 Terrace Street
; SENDIBOND TOrGonstructtomContractors Board u Address
sSalem,,OR'97309 1052 rs Ashland, OR 97520
r Telephooe4 (503)378 4621 City State zip
POWER OF ATTORNEY 9813707
LEXON INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation with its
principal office in Louisville,Kentucky,does hereby constitute and appoint: Sue George
its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,and as its act and deed a
Oregon Prevailing Wage Bond(SOLI Bond) under bond or undertaking number 9813707
issued on behalf of Scott Miller English as principal in the
penal sum of$ 30000
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of
LEXON INSURANCE COMPANY on this I" day of July,2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds,undertakings,policies,
contracts of indemnity or other writings obligatory in nature of a bond not to exceed$ 30000 ,which the _
Company might execute through its duly elected officers,and affix the seal of the Company hereto. Any said execution of such
documents by an Attomey-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by
the regularly elected officers of the Company. Any Attomey-in-Fact,so appointed.may be removed for good cause and the
authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted,and the signature of the Vice-President,and the seal of the Company may be affixed by facsimile to any -
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any
bond or undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,LEXON INSURANCE COMPANY has caused this instrument to be signed by its
President,and its Corporate Seal to be affixed this 2"d day of July,2003. -
LEXON INSURANCE COMPANY
...........
....
•yJPANC
C,P
°z covrourr BY
°. SEAL F2 David E.Campbell
President
ACKNOWLEDGEMENT
On this 2"d day of July,2003,before me,personally came David E.Campbell to me known,who being duly sworn,did
depose and say that he is the President of LEXON INSURANCE.COMPANY,the corporation described in and which executed
the above instrument,that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of
said corporation.
CERTIFICATE Notary Public
tea.....
1,the undersigned. Secretary of LEXON INSURANCE COMPANY,A Texas Company,DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville,Kentucky this 29th Day of June 2012
--TPhdtp Gregory Lauer
Secretary,
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application
for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,
information concerning.any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to
criminal and civil penalties."
CITY OF
ASHLAND
Council Communication
June 19, 2012 Business Meeting
Award of a Contract to the Apparent Low Bidder on the Ashland Creek Bank
Restoration Project
FROM:
James H. Olson, Engineering Services Manager, Public Works Department, olsonj @ashland.or.us
SUMMARY
On June 7, 2012 at 2:00 p.m. a single bid was received for the.Ashland Creek Bank Restoration
Project. The bid of$247,452 was offered by the local firm of Northwest Biological Consulting in
conjunction with K and C Environmental, another Ashland enterprise. The bid is $2,458 below the
engineer's estimate and contains all required backup data, pre-qualifications, acknowledgements, bid
bond, and is a valid and legal bid.
BACKGROUND AND POLICY IMPLICATIONS:
Project Description:
The Ashland Creek Bank Restoration Project is located on Ashland Creek in the vicinity of the Water
Street Bridge. The project limits begin approximately 100 feet upstream of the bridge and extends to
200 feet below the bridge. The project has a number of goals and expected outcomes including:
I. Increase flood flow capacity through the Water Street Bridge
2. Remove silt accumulations below the dam and provide a means by which future accumulations
of silt will be avoided
3. Remove invasive plant growth within the waterway
4. Restore and improve fish passage and habitat
5. Remove an existing low head irrigation dam which blocks fish passage on the creek
6. Reconstruct the intake of the Million Irrigation Ditch to fish friendly and Oregon Department
of Fish and Wildlife (ODFW) standards
7. Provide increased flood protection for adjacent buildings and structures
8. Provide more appropriate stream bank plantings
This project was developed by the City engineering staff with professional assistance provided by
StreamFix, an Oregon City firm specializing in stream and wetlands rehabilitation. It has taken a full
year to work through the many jurisdictional issues, and to acquire permits and approvals from the
many regulatory agencies that protect our states waterways. We have acquired permits, approvals, or
reviews from the following agencies:
1. Department of State Lands
2. United States Corp of Engineers
3. NOAA Fisheries
4. ODF W
5. Ashland Planning Department
6. Oregon State Watermaster
Page 1 of 2
iii A
I
CITY OF
ASHLAND
7. Million Ditch Users Group
8. Adjacent property owners
Bidding Procedure:
This project was first advertised on April 20, 2012. It was advertised statewide in the Daily Journal of
Commerce as well as in the Mail Tribune. The project plans and specifications were placed on the
City website and were sent to nine plan centers ranging from Klamath Falls, Oregon to Seattle,
Washington. A total of 18 prospective bidders acquired plans and specifications. A pre-bid
conference was held on May 2, 2012 with six potential bidders in attendance.
Contractor Qualification:
Because of the complexity of this project and the expertise needed for work within a riparian way, a
special pre-qualification form was created and required as part of the bidding process. All bidders
were to list similar projects that they had completed in the past several years. Northwest Biological
Consulting(NBC) and K and C Environmental listed several local projects including the Roca Creek
Restoration Project which was completed for the City in 1999. NBC also worked with the City to
develop the Jefferson Avenue Improvement Project that was completed two years ago. Judging from
their past experience,NBC is well qualified to construct the Ashland Creek Bank Restoration Project.
FISCAL IMPLICATIONS:
This project is on our current capital improvement plan and was budgeted at$350,000 of which
$55,544 has already been expended. The anticipated project costs are as follows:
• Construction/NBC $ 247,452.00
• Engineering/Stream_ Fix $ 93,320.00
PROJECT TOTAL: $ 340,772.00
Less previous expenses $ 55,544.00
Required in FY 13 $ 285,228.00
Amount Budgeted for FY 13 $315,157.00
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council accept the bid and authorize the award of contract to Northwest
Biological Consulting in the amount of$247,452 for completion of the Ashland Creek Bank
Restoration Project.
The permits acquired for this project have a specified in-water work period between June 25, 2012 and
September 15, 2012. There is insufficient time to rebid this project and it is unlikely that any
additional bidders will participate or that lower bids will be acquired. NBC is well qualified to
complete this work and should be awarded this contract.
SUGGESTED MOTION:
I move to approve the acceptance of the bid and award of contract to Northwest Biological Consulting
in the amount of$247,452 for the Ashland Creek Bank Restoration Project.
ATTACHMENTS:
Proposal and Bid Schedule from NBC
Page 2 of 2
City of Ashland,Oregon
Ashland Creek Bank Restoration Project
Project 2006-29
PROPOSAL AND BID SCHEDULE
TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION,
EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS
PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE
COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND,
CITY HALL,20 EAST MAIN STREET,ASHLAND,OREGON 97520.
NAME OF BIDDER N0 L-t`-, -y i
CONTACT 9C6 t,` LI1 i
ADDRESS /�_ ,�5� .
CITY ���l( Cf'f�� STATE nR _ZIP�,S2-0
TELEPHONENO._
EMAM ADDRESS
To the Honorable Mayor and City Council
City Hall
City of Ashland
20 East Main Street
Ashland,Oregon 97520
In response to competitive bidding,this PROPOSAL is submitted as an offer by the undersigned to enter into
a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials,
transportation,equipment and services of all kinds required for, necessary for,or reasonable incidental to,the
construction of the Ashland Creek Bank Restoration Project(hereinafter "Project") for the City of Ashland,
Oregon, as shown in the contract documents on file at City Community Development Building, which are a
condition of this Offer as though they were attached. This offer is subject to the following declarations as to
the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the
terms and prices herein submitted.
1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents,
project work,site,locality,general nature of work to be performed by City or others at the site that relat
to the project work required by the Contract Documents,'local conditions, and federal, state, and loces al
Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the
project work.
2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining and carefully
studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions
(subsurface or physical)at or contiguous to the site or otherwise and which may affect the cost, progress,
performance, or furnishing of the project work as Contractor deems necessary for the performance and
furnishing of the project work at the Contract Price, within the Contract Times,and in accordance with
C!ty of Ashland
22
the other terms and conditions of the Contract Documents; and no additional or supplementary
examinations, investigations, explorations, tests, reports, or similar information or data are or will be -
required by Contractor for such purposes.
3. It is understood that the City shall.investigate and determine the qualifications of the apparent tow
responsive bidder prior to awarding the contract The City shall reject any bid by a nonqualified or
disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, -
waive formalities,or to accept any bid which appears to serve the best interests of the City. The City
reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and -
requirements,and may reject all bids for good cause upon a finding that if is in the public interest to do so.
Evaluation of bids will be based on minimum requirements established by the specifications and
compliance with conditions of the Notice to Contractors and Invitation to Bid,and compliance with City
public contracting rules. Additional evaluation criteria are as follows:Note.
4. The deadline to file a written protest or request,pursuant to Instruction to Bidders to change contract
terms,conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing
may be extended by the City to consider a protest or request.
5. All of the contract documents,including all plans,specifications,and drawings have been examined and an -
examination of the site of the proposed work, together with such investigations as are necessary to
determine the conditions to be encountered have been made by the undersigned and the terms and
conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is
accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar
to that attached Agreement and agree to be bound to the terms and conditions of said contract and
solicitation documents.
6. It is understood that the contract drawings may be supplemented by additional drawings and
specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to
in paragraph 1 above, they shall have the same force and effect as though they were attached and they _
shall be accepted as part of the contract when issued.
7. Tile undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of
receipt of such notice,execute a formal contract agreement with the City. The undersigned further agrees
that s/he will provide the following in order to execute the contract:
• Performance Bond and Corporate Suety Payment Bond, both in the amount equal to 100% of the
awarded contract;
• Certificates of Insurance for Liability and property damage coverage; -
Certificates of Coverage for Workman Compensation and unemployment insurance;
• All other bonds,permits,licenses,etc.as required in the contract documents.
8. It is understood that all the work will he performed under a lump sum or unit price basis and that for
the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the
project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price
named. It is understood that the quantities stated in connection with the price schedule for the contract are
approximate only and payment shall be made at the unit prices named for the actual quantities incorporated
in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it
shall be computed on a basis of"extra work" for which an increase in payment will have been earned and if
there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the -
undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials,
equipment,or service which may appear on the plans or in the specifications is for the sole purpose of assisting
the undersigned in checking the undersigned's own independent calculations and that at no time shall the
undersigned attempt to hold the Owner,the Engineer,or any other person,firm or corporation responsible for
any errors or omissions that may appear in any estimate.
9. The undersigned submits the unit prices as those at which lie will perform the work involved. The
extensions of the column headed "ITEM TOTAL' are made for the sole purpose of facilitating bid
Cf y of Ashlaad 23
comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit
prices shall govern.
10. The undersigned agrees to furnish labor,tools, machinery,materials,transportations,equipment and
services of all kinds required for, necessary for,or reasonably incidental to,construction of this Project with
all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices
in the"BID SCHEDULE".
11. In stating prices,it is understood that the prices include all materials and work required to complete
the contract in accordance with the plans and specifications. If any material, item or service required by the
plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be
furnished and placed with the understanding that the full cost to the City has been merged with the several
prices stated in the"BID SCHEDULE."
12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid r which
appears to serve the best interests of the City in accordance with ORS 279B.100. The City reserves the right to
reject any and all bids,waive formalities,or accept any bid which appears to serve the best interests of the City
in accordance with ORS 27913.100.
13. The foregoing prices shall include all labor, materials,equipment,overhead,profit,insurance,and all
other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown
in both words and figures. in case of discrepancy,the amounts shown in words will govern.
14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract
attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance.
The bid security attached in the sum of ten percent of the total price for the bid or combination of bids is to
become the property of the Owner in the event the contract and bond are not executed within the time above
set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.
15. , If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that
provisions of ORS 279C.800—279C.870 relating to workers on public woks to be paid not less than prevailing
rate of wage shall be included in the contract,or in the alternative,if the project is to be funded with federal
.funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon
Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated
herein by reference,and can be accessed at:
littp://www.oregon.govA30LI(WHD/PWR/pwr book.sh tml
16. . The undersigned shall furnish bonds required by the specifications and comply with the laws of the
Federal Covernment,State of Oregon and the City of Ashland which are pertinent to construction contracts of
this nature even though such laws may not have been quoted or referred to in the specifications.
17. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the sum of
zy�-p ,. -C) payable to the City of Ashland,Oregon, this being an amount for ten percent(10%)
of the total bid based upon the estimate of quantities at the above price according to the conditions of the
advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract
and bonds as stated in the Advertisement within ten (10)working days from the date of notification, then the
City may,at its option,determine that the undersigned has abandoned the contract and there upon this Offer
shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and
become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this
Offer shall be returned to the undersigned.
18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon
Prevailing Wage law. The undersigned,as bidder,acknowledges that provisions of ORS 279C.800-279C.870-
relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the
contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-
ClfyofAshlznd
24
Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The
undersigned Contractor agrees to be_ bound by and will comply with the provisions of ORS 279C.838,
279C.840 or 40 U.S.C.3141 to 3148. (OAR 137-049-0200(1)(a)(J)].
19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a
public work pursuant to ORS 279C.860. Bidder further agrees; if awarded a contract, that every
subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. _.
20. The undersigned certifies that the undersigned Contractor has not discriminated against minority,
women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder
understands and acknowledges that it may be disqualified from bidding on this public improvement project as
set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham
regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the
administrative rules implementing the Statute.
21. The undersigned agrees that the time of completion shall be defined in the specifications,and further, .
the undersigned agrees to initiate and complete this Project by the date stated below.
e The work shall be commenced within 10 working days after receipt of the written Notice to
Proceed.
® The in-stream work shall be completed within the"in-stream work window"of August 1 through
September 15, and all work shall be completed in all respects by end of work day December 12,
2012.
e The undersigned agrees that the"Time of Completion"shall be as defined in the specifications
and that the bidder will complete the work within the calendar dates stated for each schedule
after"Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as .
liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions,
for each day the project remains incomplete.
22. The undersigned bidder is registered'with the Oregon Construction Contractors Board (CCB), the
registration is current and valid,and the bidder's registration number is stated below. (OAR 137-049- -
0230(1)) Bidder understands that failure to have a current CCB license shall result in rejection of this
bid.
23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the
license is current and valid, and the bidder's registration number is stated below. (OAR 137-049-
0200(1)(a)(l)j Bidder understands that failure to have a current LCB license shall result in rejection
of this bid..
24. In determining the lowest responsible bidder,City shall,for the purpose of awarding the contract,add
a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference
given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a
bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months
immediately preceding submission of the bid, has a business address in this state and has stated in the
bid that the bidder is a "resident bidder" of the State of Oregon.The undersigned represents him/her
self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank
below.
m The Bidder is or is not a resident Bidder as defined in ORS 279A.120.
25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of
the City of Ashland is personally interested directly or indirectly in this Contract or the compensation
to be paid hereunder and that no representation, statement or statements, oral or in writing, of the '
City o7Ashland . 25
City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into
this Contract,and the papers made a part of its terms;
26. The undersigned has not directly or indirectly induced or solicited any person.to submit a false or
sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at
independently and submitted without connection with any person, firm or corporation making a bid
for the same material and.is,in all respects,fair and without collusion or fraud _.
27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place
and will demonstrate this prior to award of contract. [OAR 137-049-02000)(c)(11)]28. The undersigned confirms that if this contract involves asbestos abatement or removal, the
bidder is
licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not anticipated in this
contract.
29. The City of Ashland may waive minor informalities, reject any bid not in compliance with ail
prescribed public bidding procedures and requirements,and may reject for good cause any or all bids
upon a finding that it is in the public interest to do so.
30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and
conditions other than those contained in the Solicitation and Contract documents.
31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors/
Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date.
The City will not mail notice of addenda but shall publish notice of any addenda on City's website and
post the notice of addenda at Community Development. www.ashland.or.us The addenda may be
downloaded or picked up at Community Development, 51 Wiuburn Way, Ashland, Oregon. The
bidder must check the website and Community Development bulletin board frequently until closing.
The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy
obtained and considered as part of the submittal of this Offer and Bid Schedule.
ADDENDUM NUMBER if °I_ HAVEBEENREVIEWED
32. The bidder understands that tine City will be awarding the contract to the Responsible Bidder with the
lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be
determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility
Determination Form.
33. Instructions for First-Tier Subcontractors Disclosure.
Bidders are required to disclose information about certain first-tier subcontractors(those
subcontractors contracting directly with the bidder)when the contract price exceeds$75,000(see ORS
279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or
equal to: (i)5%of tine project bid,but at least$15,000,or(ii)$350,000 regardless of the percentage,
you must disclose the following information about that subcontract within two working hours of bid
closing:
• The subcontractor's name and address;
• The subcontractor's Construction Contractor Board registration number,if one is
required,and;
• The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure requirements,you
are required to indicate"NONE"on the form.Failure to submit this form by the disclosure deadline
will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE
CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
City&Ashland
26
THIS DOCUMENT SHALL NOT BE FAXED.IT IS THE RESPONSIBILITY OF BIDDERS TO
SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE.
SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier
Subcontractor Disclosure Form attached to this Notice to Contractors/Invitation to Bid. "
34. Bidder Information and Signature
Firm Name of Bidder Signature
.�oLf�Bidder
Printed ameofBidd
-s1 Official Title
Sta of h, otporatio
CCB Number
Dated this day of �r _ 2012. ! '
Name of Bidder `f7 /� 2-C�-( /a�Y I.rxa���`ef �/ifiy�SG//'
Address --7:ol t�1`P S� /F W�lf /xt�. nG��/•s��G
Telephone No.
City of Ashland 77
BID SCHEDULE
ASHLAND CREEK BANK RESTORATION PROJECT
Pro'ect No. 2006-29
NO DESCRIPTION AND PRICE IN WORDS OTX. UNIT PRICE AMOUNT
IGURES
Mobilization and Traffic Control
Mobilization
for Dollars $ s'-7 0 9 D
1 Lump Sum 1 LS Lump Sum
Temporary Work Zone&Traffic Control
Complete
for Dollars Lump Sum $17,700
2 Lump sum 1 LS
Erosion Control
for 3 Lum»Sum Dollars 1 LS Lump Sum S )J g c c,
Dewateriue S, stem
for Dollars $ $ �
4 Lump Smn 1 LS Lump Sum
In-stream&Riparian Area Construction work
Earthwork
for Dollars $ a
5 Lunn Sum I LS $2C�f��Ca
Remove Existing Low Head Dam
for Dollars $
6 Lump Sum 1 LS
Install 6"SDR 21 HDPE pipe(direct bowl
for Dollars $
7 Per Linear Foot 184 LF
Install 6"SDR 21 HDPE Pipe(slip line)
for Dollars $
8 Per Linear Foot 145 LF
Furnish and Install Fish Screen complete
for Dollars $ $
9 -Lqw Sum 1 LS
Construct Porous Weir
for Dollars
10 Each $ g, O $ 110,94$
— 6 EA
Remove Concrete Block Debris
for Dollars $ $?-,3 C�p
11 Lum Sum I LS
Remove Exist.Tres Shrubs and Stumps
for Dollars $ $ 72
12 Lumn Sum 1 LS
Riparian Riparian in - —
City of Ashfand
28
S
UNIT PRICE
NO DESCRIPTION AND PRICE IN WORDS OTY, UNI IGURES AMOUNT
Planting complete
for Dollars $
13 Lum Smn I LS
BASE BID TOTAL oM Foyl � Words $ 4-0 (5
5eve.H"'{`/ Se.v2u� k'1oI�G-r$.
ADDITIVE ALTERNATIVE
DESCRIPTION AND PRICE IN WORDS OTY UNIT UNIT PRICE AMOUNT
(FIGURES}
Debris Removal and Top Soil Replacement
for Dollars 1 LS $ $ Ty 7 rj
Lump Sum
ALTERNATIVE BID TOTAL 5
���Savd���,• `ia�adrFS �;Fiy-f,�� Dei1Q�-s .
Clfy of Ashland 29
r
City of Ashland
FIRST-TIER.SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)ASHLAND CREEK BANK RESTORATION PROJECT
PROJECT 2006-29
Bid Closing Date:2:00 PM(PDT)May 23,2012
NAME OF SUBCONTRACTOR CATEGORY OF WORK bOLLAR VALUE
1.
a?�l �' fr ,F;,ire,, ✓;. i_?C. ! I°f• Cy r: -' - _ e� ( (3, Gco
2.
3 (, Occ)
9 -
3
6
7
9
10
List above the Name,Dollar Value and Category of Work of each subcontractor that will be furnishing
labor or labor and materials and that is required to be disclosed,the dollar value of the subcontract and
the category of work that the subcontractor will be performing. Enter"NONE"if there are no
subcontractors that need to be disclosed.(ATTACH ADDITIONAL SHEETS IF NEEDED).
City of Ashland 30
CITY 1 RECOIRDER Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER
20 E MAIN ST. 8/7/2012 11083
ASHLAND, OR 97520
(541)488-5300
VENDOR: 017154 SHIP TO: Ashland Public Works
NORTHWEST BIOLOGICAL CONSULTIN (541)488-5587
324 TERRACE STREET 51 WINBURN WAY
ASHLAND, OR 97520 ASHLAND, OR 97520
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del. Date: Contact: Morgan Wavman
Special Inst: confirming? No
Quantity .Unit Description Unit Price Ext.Price
Restoration of Ashland Creek at the 247,452.00
Water Street Bridqe, Project No. 2006-29
Public Improvement Contract
Effective date: June 19, 2012
Completion date: December 12, 2012
Insurance required/On file
SUBTOTAL 247 452.00
BILL TO:Account Payable TAX .
20 EAST MAIN ST FREIGHT
541-552-2010 TOTAL LEE247E452��OO
ASHLAND, OR 97520
Account Numbei Project Number Amount Account Number Project Number Amount
E 260.08.17.00.704200 E 200629.999 123 726.00
E 260.08.34.00.704200 E 200629.999 123 726.00
Authorized Signature VENDOR COPY
FORM #3 CITY OF
A.request for a Purchase Order
ASHLAND
REQUISITION Date of request: -7/z5 / Z
Required date for delivery: 5 A
Vendor Name IV,-,;)iZ'T11WWL5i -0 iVt.o61 I41AL- (f! nl---5t-t_LT/Al6j
Address,City,State,Zip 324 –Fc–pzi }LC Sj- k4IL A,\) i) , oP, 6)7 j 2 6
Contact Name&Telephone Number aOrT EAlC L1514 541 - 94-1 —2-z>42—
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
• Reason for exemption: Invitation to Bid (Copies qn f le) ❑ Form#13,Written findings and Authorization
• AMC 2.50 Date approved by Council: Cv//�� 12 ❑ 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 quotes)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 Intergovernmental 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 I Valid until: Date (Dale)
Description of SERVICES Total Cost
PaS14=ret } 10'0 C7 5�rlc��, � Gr2rzM_ a � -Ftk"-
wAib,2_ S + , 2 + ��E . $ 247) ,452 , 6>
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
❑ Per attached quotelproposal TOTAL COST
Project Number 7,f�D�-- Z� Account NumberZll�51-X8. 1_7-a?- 7G4L�ta
AccountNumber–––-––- ------- AccountNumberc4�-ct3-fl-°t'- 7�`1ZOa
-- -- – -- -- ------
*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/No
By signing this requisifio rm,I certify that the City's public contracting requirements have been satisfied
��
Employee Signature: �" ' L— Department Head Signature: 76-ry I/-z-
Additionalsignatures(ifap fl able): (Equal to orOreatertha S,000)
Funds appropriated for current fiscal year / NO
Finance Director-(Equal to org er than$5,000) Date
Comments:
Form#3-Requisition .
CITY OF
FORM #12 ASHLAND
REQUEST FOR BUDGET REVIEW
To: Lee Tuneberg, Finance Director
From: Mike Fought, Public Works Director
Date: May 25, 2012
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 (1TB) 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:
Project name and number: Ashland Creek Bank Restoration; PWE #2006-29
Description ofproiect:
Improve Ashland Creek stream flows and restore creek banks by; Constructing porous weirs — 6
EA, Installing 8" Thermal Welded HDPE Pipe—300 LF,Performing Earthwork Bank Restoration and
Filling and Installing new Landscaping/Plantings.
Amount budgeted: $315,000
Account Numbers.-
260.08.17.00.704200 - $157,500
260.08.34.00.704200 - $157,500
Timeline of intended project: Project beginning in late July, 2012 and ending in mid October, 2012
+`.V—.'`C ''CG�.�C 6 Funds appropriated for current fiscal year: Y&/ NO
Deparhment Head `
Z F�ace v
c oZo/L-
Date
Date
Form#12—Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1,5/25/2012