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2013-005 Contract - Roxy Ann Rock
1 City of Ashland, Oregon 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, ASHLAND PARKS AND RECREATION, 340 SOUTH PIONEER STREET, ASHLAND, OREGON 97520. NAME OF BIDDER JA/E:5 Alo2,~o 7~/~9.' Po w~/ A v v ~cc t CONTACT F_s Aow, ov ADDRESS 7Do aox AI5169 CITY /nEDFoeD STATE ©e. up 9-7-4-01 TELEPHONE NO. 67Vi) poi- -7,1~1 FAX NO. EMAILADDRESS LvFsneaettw ®Ao%eoin 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 Hunter Park Sidewalk Replacement (hereinafter "Project") for the City of Ashland, Oregon, as shown in the contract documents on file at Ashland Parks and Recreation, 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 relates to the project work required by the Contract Documents, local conditions, and federal, state, and local 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 the other terms and conditions of the Contract Documents; and no Hunter Park Sidewalk Replacement 10 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 low 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 it 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: None. 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. The 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 Surety 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 be 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 Hunter Park Sidewalk Replacement 11 • Owner, the Project Manager, 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 he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid 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 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 279B.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 five 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 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-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: httu://www.oregon.govBOLI/WHDIPWR/pwr book.shtml 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, 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 16A of .61D Rneuu 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 Hunter Park Sidewalk Replacement 12 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-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 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. • The work shall be commenced within 10 working days after receipt of the written Notice to Proceed. • The work shall be completed in all respects within 60 calendar days from NTP. • 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 number of consecutive calendar days 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)(K)] 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. Hunter Park Sidewalk Replacement 13 t ' The undersigned represents him/her self in this bid to be either a Resident or a Non resident bidder by completing the appropriate blank below. • The Bidder is X- 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, 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 137-049-0200(1)(c)(B)] 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 implicated in this contract. 29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all 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 transmit addenda to registered plan holders but shall publish notice of any addenda on City's website (www.ashland.or.us) at the Public Works page. The addenda may be downloaded or picked up at Ashland Parks and Recreation, 340 South Pioneer Street, Ashland, Oregon. The bidder must check the website and Public Works 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 / THROUGH --HAVE BEEN REVIEWED 32. The bidder understands that the 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 fist-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the Hunter Park Sidewalk Replacement 14 percentage, you must disclose the following information about that subcontract within two worldug 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. 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 Invitation to Bid 34. Bidder Information and Signature 1 p _ 14krs /tIGP o,c/ DBA: /~muy" AH"-/.~mcK I .~I / Tl Firm Name of Bidder Signature of Bidder ~.llEs l~sz~ov Printed Name of Bidder 9wkE~ Official Title i 9~ o5'y State of Incorporation CCB Number Dated this day of ~Fc e +~E e 20 Name of Bidder (~"FS Noah Address /?o. i3ox yy8~ `nFavoen,ge, 9~~ai Telephone No. `SV,) 641- 7d257 Hunter Park Sidewalk Replacement 15 oXy YA h o L~ BID SCHEDULE HUNTER PARK SIDEWALK REPLACEMENT Project No. nooo .2 . 9,99 UNff NO DESCRIPTION QTI • UNIT PRICE AMOUNT (FIGURES Mobilization and Traffic Control Mobilization for Ttuo -;t"fNOos4,Ym) ONE L/✓NAeF_D 5nCG~ $ $ p 1 Dollars I LS /~c - Temporary Work Zone & Traffic Control, Complete for $ $ Fi✓E H~ sae,a Fo e; y sHo $ Syo 2 Dollars 1 LS _ Erosion Control for DNF ~i/OdSn 6/Gf1r! $ /080 leso 3 Dollars 1 LS Structures Removal of Sidewalks and Obstructions for ~i2~y ~Ff2F_F_ tf/~JSL>ND FoUZ $'3 y~U $ jj, HPO 4 Dollars Ffu aa25a O/o"'`y 1 LS Clearing and Grubbing for O ~F ~F+OJSA ✓a riGfn ✓o~o $ ✓c~o 5 Dollars 1 LS Earthwork fo7 / k eFE ZL pJS aNJS 5E✓6M 1 r ~80 J~ 7~0 6 Dollars 1 LS Replace Concrete Sidewalks, Class 3300 for SG✓EN~y~-~NOJSO,~/~ sE✓F~v <+~wa.e~a $ ~c, vyo $ ya, ~~o 7 Dollars Fme i y 1 LS Reinforcement for Fi✓~ /1✓vae6a 5/[T SF_✓F_ / $ SG7 $ Sm7 8 Dollars 1 LS Rlace Stair 1 for Fm,e ~sloUSO~a S.x ✓~Fb yoy8 $ y~ys 9 Dollars N/ ✓FT~ F_ /6NT 1 EA Construct Stair 2 for,rouz ~Ho✓s!1 ~a Snc Nuv~e%D $ •1&98 $ hL58 10 Dollars A//,/57'11 r'G"r 1 EA Construct Stair 3 for / / oJQ tuods~~~ asses</✓~ a¢5~ $ `/3zo $ 73so 11 Dollars f-jv, i ey 1 EA Replace Stair 4 for /oU2 ~N `OND s 1y- F+uvae<~, $ NGyB $ 5s, 12 Dollars '`✓'~/F-ry 1 EA Replace Senior Center Ramp & Landing fOr WO ~"O ~5l~ VAS L LJUi✓~?G-T ~G y,~ $ ~(o / 13 Dollars Fo~%y Foy e 1 EA Add Handrails at Existing Homes Avenue Stairs for Fou,e L/JCtSDNJ~ v,v , ",kld a ,--2~ $ aoSa $ '7'oy 14 Dollars 2 EA Hunter Park Sidewalk Replacement 16 uNrr NO DESCRIPTION OTY• iTNIT PRICE AMOUNT (FIGURES) Bases '/4-Inch Ag~eeate Base under all new concrete, 4- Inch Thick for tit/1Ft~~ 2Nads~Na Fi~~ uuuae~n $ lfSHB $ /yS'J8 15 Dollars `p eTy F' e-1-17- 1 LS Survey Construction Survey Work for F/u,er HiIA-lbeFa Fm~~/ $ Syo $ Syo 16 Dollars 1 LS BASE BID TOTAL $ X68 L~9. Hunter Park Sidewalk Replacement 17 City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360) HUNTER PARK SIDEWALK REPLACEMENT PROJECT 000029.99 Bid Closing Date: December 6, 2012 NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE 1. N~NF_ 2. 3 4 5 6 7 8 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). Hunter Park Sidewalk Replacement 18 EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We Wes Norton DBA: Roxy Ann Rock a corporation or partnership duly organized under the laws of the State of Oregon and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, ire Old Republic Surety Company a corporation or partnership duly organized under the laws of the State of Wisconsin and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of (S 10% Ten P7ercent of Bi- d Amount and no/100"' Dofts. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the Hunter Park Sidewalk Replacement, which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 2790.365 and the City's publ is contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such failure. IN WrFNES9 W14EPEOF, we have caused this instrument to be executed and sealed by out duly authorized legal representatives this 6th day of December 2012 Old Republic Surety Company Wes Norton DBA: Roxy Ann Rock Surety Principal 10220 SW Greenburg Rd, Suite 640 /46 /3~,e L0q /11 PJI~,1no2-1>s~) Portland -972TS- Addres • Tit Address ' Z~ &S ~ By. BY: Ruby ce (A certified copy of the Agent's Power of Attorney must be attached hereto.] IMPORTANT - Surety companies executing BONDS must appear on the T a;e mmy Department's most current Est (Circular 570 as amended gp he authorized to transact business in 1tw State of Ores? Hunter Park Sidewalk Replacement 49 * WW* ~F a:OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, ides make, constitute and appoint. KRISTEN MCGILLVREY, RUBY.M.HASKELL, LARRY C BUCK, STEVEN J HANSON, OF EUGENE, OR its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding 520.000,000, for and on behalf of the company as surety, to execute and delver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, reoigri zanees or other written obligations in the nature thereof, (otherthan bail bonds, bankdepcsitory bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bolds, waste management bonds, hazardous waste remediaton bonds or black lung bolds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE.OF`,. TEN MILLION DOLLARS ,•($10,000:;000) FOR ANY SINGLE OBLIGATION, REGARDLESS OFTHE NUMBER OF INSTRUMENTS. ISSUED.FOR THE OBLIGATION. and to bind OLD REPUBLIC'SURETY COMPANY thereby] and'al .of the acts of said Att orneys-in-Fact, pursuant to these presents, are ratified and:.confirmed. This document is not valid: unless printed orrtcolored background and is multi-colored. This appointment is imade...... under and by authority of the board of directors at a special meeting held on February 18 -1982. This Power of Attorney is signedand:sealed by facsimile under and by the authority of the following resolutions adopted by the board`of: directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president or, assistant vice president in conjunction with the secretary or any assistant secretary,. may,appoint attorneys-in-fact or agents' wRh"'authority as defined or limited inthe instrument evidencing the appointmerff` in each case, for and on behalf of the company to execute and deliver and affix the seal of the'company to bonds, undertakings, recog- nizances,, and:suretyship obligations of all kinds; and said officers may remove any such :attorney-in-fact or agent and revoke any Power of Attorney previously:,granted to such person. RESOLVED.FURTHER,hat any bond, undertaking, recognizance, or suretyship obligationshall bevalid and binding upon the Company j(I) When signed by the president,Ianyvice president orassistant vice presldent,andattested andsealed ('Ifaseal berequired) byanysecretaryorassistant secretar y; or , . (ii) when signed -bythe president, any;vicepresident:orassistant vice presidentsecretary or assistant secretary, and countersignedandsealed (if a seal be required) by a duly authoiizedattomey-in.fact oragent; or (iii) when duly executed and sealed;(f a seal berequired) by one or more a3tomeys-in-fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. . IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 6TH day of JUNE, 2012. OLD REPUBLIC SURETY COMPANY a~ 0J " 3 SEAL; ,A - - Assistant Secretary.' President STATE OF WIS£ONSIN,~000NTY OF WAUKESHA-SS jl~ On this clay of JNE 2032 " • personally came before me, GERALD C. LEACH and RICK A. ,iA;uuQ t me knownU to be,the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed >the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said. corporate seal and their signatures as such"officerss,were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ~o'x • r i'~~.L%!i(./~i/fllJ C.i ~iGLG1AJ e NCrnR Notary Public My commission expires: w" oOs , I2/02/2012 :'CERTIFICATE I, the undersigned, assistant secretary of:,the OLD REPUBLIC SURETY COMPANY, a Wisconsih: corporation, CERTIFY.that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 0 6th December . 2012 ; 77-5930 apoft "oo Signed and sealed at the City of Brookfield, WI this day of o SEAL ~ F WARD INSENCY, INC. Assistanfsmretary • • s • • • • • • • e to O Z~ v ~ZC> co co w A0=: W 0 C)~ OX r0 D Qn~ O ° °d Z o Q EL CD N m z 0 o m W O m ~ ~o~ ~ ~o w z O z ;o z 0 3 o v c. m m m Dpi Z m °y 1 O m C) m A C U 3 0 D z X o C) C) x C 7 3 v m W O 0 a M 7 D D a z O T~ O z c z z O m z ~ O n z O n z r n o g s °o m C:) -6. m y O0 z cN) m CO9 to m N EA W N EA 69 N_ ' W V Cn A co ~I CO n O D N O N V W W D O W COn Cn 00 -4 co 0) -4 O CA (0 v Q O V O W O O 0) CID C O O O O O O O O O O O O O O O O Cn o 0 9! T a Cmj o ma m" W 9.. N m~ co m m z ma co a a Z x ri Cl) 9) N O N 00 3 m N STEVE ENNIS ARCHITECT TRANSMITTAL SHEET TO FROM: Don Robertson Steve Ennis Parks and Recreation Director COMPANY: DATE: Ashland Parks and Recreation 1/2/13 ADDRESS: 340 South Pioneer Street Ashland, OR 97520 RE: Hunter Park Sidewalk Replacement DELIVERED ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Don, Attached are the following from Wes Norton for your review and approval: 1. Public Improvement Contract, including Exhibits A, B & C. 2. Certifications of Representation. 3. W-9. 4. Exhibit D. 5. Performance Bond & Payment Bond, including Power of Attorney from Surety. 6. Statutory Public Works Bond, including Power of Attorney from Surety (not required by City). 7. (2) Certificates of Liability Insurance, including 5-page Contractor's Liability Plus Endorsement. 8. 1/2/13 Letter from Asante Health System verifying enrolment in Non-DOT random drug testing program. The paperwork looks complete to me. The Contractor would like to start on 1/5/13. Please let me know if there is anything else I can do to get this project started. S' erectly, D"A Steve Ennis P. O. BOX 4051 - 2870 NANSEN DRIVE - MEDFORD, OR 97501 PHONE: (541) 618-9155 - FAX: (541) 618-9156 C I T Y O F CITY OF ASHLAND ASHLAND, ec~ PUBLIC IMPROVEMENT CONTRACT HUNTER PARK SIDEWALK REPLACEMENT Project No. 000029.999 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and Roxy Ann Rock (Hereinafter "Contractor"). The City's Project Manager for this Contract is Steve Ennis. City ofAshland. Ashland Parks and Recreation. 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, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Hunter Park Sidewalk Replacement" and WHEREAS, Contractor did on the 6" day of December. 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 the date at which every party has signed this contract. The work under this contract shall, unless otherwise terminated or extended, be completed on or before 60 calendar days following Contractor's receipt of the Notice to Proceed. 3. Statement of Work The work under this contract is for Hunter Park Sidewalk Replacement and 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 Hunter Park Sidewalk Replacement 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. Flunter Park Sidewalk Replacement 19 r ` •4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of. $158.677 (one hundred fifty eight thousand six hundred seventy seven dollars) 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 current 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 current 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): W. 5_5 /l/m.e-L-o.U ,06Y-1 ANN ~mu[ Contact Name: (ilE3 1Vo2?o.J Phone: (S.1 )!gym/-7y~i Fax: 5-VI) 3sS-6osi Address PO 23mx <VRY N/caFo ea, Oe_ 97~m/ Do Not Write Federal and State Tax ID Numbers on this Agreement: 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 # Bt - 0,91399 Construction Contractors Board # /9~oSy Citizenship: Nonresident alien Yes No Business Designation (check one): 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 Terns and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J 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 1/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: Hunter Part: Sidewalk Replacement 20 Signature/Title Date Printed Name: W'5d r lye"e~OA! 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 App d r : 7/ q!C (~2~L3 Director of Ashland Parks and Recreation, City of Ashland 11111tei--'3 Date - Authorized by Ordinance 3013 and Delegation Order dated, Coding: Review e6~~ City Attorney approved as to legal form) ate ATTACMAENTS: Certificate of Representation Exhibit A, Std. Conditions Exhibit B, Bid Schedule Exhibit C, Insurance requirements Hunter Park Sidewalk Replacement 21 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. Hunter Park Sidewalk Replacement 23 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 "Hunter Park Sidewalk Replacement', Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Ware /BOLD ifapolicable AND an other scaarately 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 wan-ants 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: Hunter Parl, Sidewalk Replacement 24 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 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. Hunter Park Sidewalk Replacement 25 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. 11. Payment on Early Termination a. If this contract is terminated under I0(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 I 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. Pre-existing trade secrets of the Hunter Park Sidewalk Replacement 26 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. 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.I10 (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/ BOLI 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, can be found at the following website: www.oregon.gov/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). Hunter Park Sidewalk Replacement 27 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(l), 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(1). 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 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 (SOLI), 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.5401 [ORS 279C.5451 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. Hunter Park Sidewalk Replacement 28 (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. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (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. 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 Hunter Park Sidewalk Replacement 29 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 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 unit 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 Hunter Park Sidewalk Replacement 30 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)]. 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, if applicable. 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 Hunter Park Sidewalk Replacement 31 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 collect or 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. e. 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). 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. h. 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. L 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). Hunter Park Sidewalk Replacement 32 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 meruit 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: 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 Hunter Park Sidewalk Replacement 33 party. The City shall not be included as a party in any administrative or judicial 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.515(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 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 Hunier Park Sidewalk Replacement 34 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 any judgment adverse to the City or to the 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 HLimer Park Sidewalk Replacement 35 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 terns 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. 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 Hunter Park Sidewalk Replacement 36 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(1), 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 Agencies: 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 Project Managers 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 Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Hunter Park Sidewalk Replacement 37 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 Project Manager 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. 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 Hunter Park Sidetivalk Replacemem 38 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 (f) 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. 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. Hunter Park Sidewalk Replacement 39 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: Steve Ennis, Project Manager Steve Ennis Architect P.O. Box 4051, 2870 Nansen Drive Medford, OR 97501 541-618-9155 steveennis@uci.net 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. Hunter Pali: Sidewalk Replacement 40 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 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. Hunter Parl< Sidewalk Replacement 41 ox~ rl R c CL~ BID SCHEDULE HUNTER PARK SIDEWALK REPLACEMENT Proiect No. o00o -29. g9 LIMT NO DESCRIPTION QTY, UNIT PRICIE AMOUNT FIGURES Mobilization and Traffic Control Mobilization for Tuwo Z'NoJSgya ONE </✓NaeFa sixty iLo I Dollars I LS Temporary Work Zone Traffic Control om lete for /5106 Novaeia FOeZy 6yo $ Syo 2 Dollars I LS Erosion Control for A,1,0- ~s7aJSV✓a 6/6NT✓ S /080 /080 3 Dollars I LS Structures idewalks and Obstructions Hh'D 4 1 LS Grubbing vo~esa ✓b riG✓il/ /080 ✓080 6D 5 1 LS for 7ueEr_~iro :a a ~E✓rvHu~iae~a 3%80 $ 3780 6 Dollars F-16" 'y 1 LS Replace Concrete Sidewalks Class 3300 for 5E✓6v~y ~ao✓scnUa sE✓~v s✓avacEa 7 Dollars FoeTY qo, vyo $ y0, so - 1 LS Reinforcement for ii✓F NJ vae6a s,rgTy sF✓r- N $ S49 $ 547 8 Dollars 1 LS Re lace Stair 1 for `sue Wous .b si Nu.V'-eEb 9 Dollars N~N577~ .r 1 EA yG9g yG98 Construct Stair 2 forGoOe taors o vp snc NuvaeFa y~98 5'O9P r,- 0 Dollars ^""✓Ery r,G +r I EA Construct Stair 3 for FmJe tuoosa~n e~<,u e,.D y3~o ~3ao 1 1 Dollars w~H~y I EA Replace Stair 4 for G0o.2 ~s <usoe,a s.~ o%vae r ~/a98 yG 9P 12 Dollars I EA Replace Senior Center Ramp & Landing for Two hwodsra,lb s.u t✓o✓n:,ewl 13 Dollars ~Oe7Y roil I EA .zGSN _Add Handrails at Existing Homes Avenue Stairs for FaoA i-1-1asnni7, ,OY4 NJNU F- a $ ao -A di oy 14 Dollars r~ 2 EA Hunter Park Sidewalk Replacement 16 i _ I~I.ttlNO DESCRIPTION QTY• I7NIT PRICE AMOUNT FIGURES Bases 3/.-Inch Aggregate Base under all new concrete 4- Inch Thick for /i1~rE~✓~avds4ira Fi~~ Uu<aeen !)SH8 /ysy8 15 Dollars matey r' G"'r I LS Survey Construction Survey Work for Fine Hgllazxea Fox-e 6HO S}/o 16 Dollars 1 LS BASE BID TOTAL 16e.. Go9, m I Hunter Park Side%vnik Replacement 17 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 of insurance. 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 famish 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 insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Hunter Park Sidewalk Replacement 45 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 documents, and has checked four or more of the following criteria: `1 (I) 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. 1/ (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. (4) Labor or services are performed only pursuant to written contracts. J (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 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. Contractor Date Hunter Park SideN.alk Replacement 22 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR LA. CONTRACTOR IS ACORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and certify under penalty of perjury that it is a corporation. Entity Signature Date x,. B. CONTRACTOR IS INDEPENDENT. 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: 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. 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. Hunter Park Sidewalk Replacement 46 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. 2 L Contr r Signature Date f Z Project Manager Signature Date Hunter Park Sidewalk Replacement 47 PERFORMANCE BOND The undersigned Wes Norton DBA: Roxy Ann Rock as Principal, furibor referred to in this bond as Contractor. and Old Republic Surety Company , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland as obligee further referred to in this bond as City, in the sum of One Hundred Fifty Eight Thousand Six Hundred Seventy Seven Dollars & No/100*** Dollars ($158,677.00 Contractor and City have entered into a written contract dated for the following Dmiect• Hunter Park Sidewalk Replacement 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. 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 renuired by ORS 279C. 380 through 2790.385 then this obligation is null and vo4 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 promptly remedy the default perform all of Contractor's obligations under the contract in accordance with its terms grid conditions and pay to City all dnmaus that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 2790 390 4. 't'his obligation jointly and severally binds Contractor and Surety and their respective heirs executors, administrators, successors. 5. Surety 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. '1be bond number and the name address and telephone-number of the agent authorized to roccivc notices concerning this bond arc as follows Bond Number: YCN2121969 Bond Agent: Ward Insurance Agency Inc Address: PO Box 10167 Eugene, OR 97440 Telephone: 541-687-1117 SIGNFD this b day of 20)2. PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: Wes Norton DBA: Roxy Ann Rock By: t co r--- Hunter Park Sidewalk Replacement 49 (Corporate Seal) Title: VaIA14e1 Legal Address: P.O. Box 4488 Medford, OR 97501 Attest: _ Corporate Secretary WITNESS' SURE; I'Y: Old Rgpublic Surety /Company By:--DAAQ, l (Corporate Seal) Tina Title: Attorney-In-Fact Legal Address: 10220 SW Greenburg Rd, Suite 640 Portland, OR 97223 Attest: N/A Corporate Secretary Hunter Park Sidewalk Replacement 50 PAYMENT BOND T'he detsi cd .g Norton nae Ron Ann Rock Vinci i furth r referred t in i b nd as on for andOld Republic Surety Company ' as surd further referred to in this bond as SurcM are 'ointl and severall bound unto C' of Ashland as obli a further referr W in this bon".~ity. itl the sum of Qne tlundLerLFiftv Eight Thousand Six Hundred Seventy Seven oars TIT o7 s 158 677.00 Contractor and City have entered into a written contract d d l- t .Z-lmi for the contract 119wi further referred t in •n this bond s the Contract andt is ncoronratedam Rthis bond by this rcfcroncc. The conditions o this bo d are: 1. If Contractor faithful erfotms the Contract within the time prescribed b the Contact. and promptly m kes a m nt to all claimants as defies in OR 272Fn through 2790.620_ then this obligation is null and void* of erwise it shall remain in full force and effect. 2. I Contra ck r is eclared Ci be in d f nd tho cntract. the Surma shall promotly remedy the default dorm all of Contractor's obligations tinder the contract to accordance with its terms and conditions and oav to City all damages that a-rc due under the Contract 3. This bond is subject to claims under ORS 790,600 through 2790.620, 4. This obli at~tion jointly and severally binds Contractor and Surety and their respoctiv_e_hetn. executors. administrators successors. 5. Sure) waives notice of modifiC lion of a Contract or xtension of the Contra t time. 6. Nonoa ment9f the bon~remium shall not invalidate not invalidate this on 7. The bond number and the name address and telephone number of the a nt authorized rec the no ces conceMW hi to ~t sbond are ns fnll_ws• Bond Numbor: Bond Agent yyardlnsurance Aeencylnc Address: Telephone: 541-687-1117 SIGNED this uD day of~ ry e~ 20/3 . Hunter Park Sidewalk Replacement 51 PAYMP.N'1' BOND Pa c 2 WITNESS: CONTRACTOR: Wes Norton DBA: Roxy Ann Rock By: (Corporate Seal) Title: Legal Address: _ p O B.Qx 4488 Medfo rd OR 97501 Attest: Corporate Secretary WITNESS: SURISfY: ublic Sure Com an (Corporate Seal) By: I tnn a l ) Tma A. os a / Title: Attorney-In-Fact Legal Address: 10220 W Greenbur Rd, Suite 640 Portland, OR 97223 Attest: N/A Corporate Secretary Hunter Park Sidaealk Replacemen 52 *''OLD REPUBLIC SURETY COMPANY PO WER'OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint KRISTEN MCGILLVREY; RUBY M HASKELL, LARRY C BUCK, STEVEN 1 HANSON, TINA A COSTA, OF EUGENE, OR its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the -company as surety, to execute and deliver : and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than hail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lunge. bonds), as follows: ALL WRITTEN, INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TEN MILLION DOLLARS ($10,000,000)----- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and tobind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multicolored. This appointment is made,under and by authority of the board of directors at a special meeting held on February -18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. . RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint I. allomeys-in-fact or agents with authority as defined or limitedin the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall he valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal he required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued. by the company to such person or persons. - RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may, be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this .'27TH day of NOVEMBER, 2012. _ OLD REPUBLIC SURETY COMPANY • , i a e seoetan `SEAL , ' Prastlmt STATE OF WISCONSIN, COUNTYOF WAUKESHA-SS i m 1 On [hrs<.. 27TH :day of NOVEMBER, 2012 ,personally came before me, Gerald:C: Leach and Phyllis'M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above - instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did seveml ly depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,iand that said corporate seal and their signatures as such officers" < were duly affixed and subscribed to the said insuvment by the authority of the board of directors of said corporation. a r °ag~rP Notary Public My commission expires: 9/28/2014 CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 77-59311 : e Signed and sealed at the City of Brookfield, WI this day of J.C.vd_ o7m.C3. - ~ SEAL ~ , WARD INSURANCE AGENCY, INC. ORSC #22851 STATE OF OREGON ^ STATUTORY PUBLIC WORKS BOND Surety bond W1 50.1468.95 _ CCB # (if applicable): 19?054 We, Wes Norton DBA: Roxy Ann Rock as principal, and Old Republic Surety Company a corporation qualified and authorizod to do business in the State of Oregon, as surety, are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon Bureau of Labor and Industries (BOLI) 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 2790, as amonded 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 bu eligible to work on public works project(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 BOLT against the principal to workers performing labor upon public works projects for• unpaid wages dolermined to be due, in accordance with ORS chapter 2790, 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 279C, 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 bereunder 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, tmless the surety sooner cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work perl'armed on contracts entered aRor cancellation by giving 30 days' written notice to the principal, the Construction Contractors Bnard, and BOLL. 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 Dfa contract entered into bufore cancellation of this bond. IN WITNESS WHEREOF, the principal and surety execute this agreement. The surety fully authorises its representatives in the State of Oregon to entot into this obligation. SIGNED, SEALED AND DATED this, 27th day of December -12012 Surety by: Principal by: Old Republic Surety Company _ (Seal) Wesley Reed Norton CompanyName Name Signature Tina A. Costa T Signature Attorney-In-Fact '04.)NE4 Title (e.g. Attorney-in-Fact) Tide PO Box 10167 7?6. St~yz /YSP Address Address Eugene OR 97440 City State ZIP City State lip SEND`HOND TOi': 'Construction Contractors Board P6 Box 1.4146. 1 Salem, OR 97309-5052 Telephone: (503)378=4621' k OLD REPUBLIC SURETY COMPANY, POWER OF ATTORNEY •K OW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint KRISTEN -MCGILLVREY,,RUBYM HASKELL, LARRY C BUCK, STEVEN J HANSON, TINA A COSTA, OF EUGENE, OR° its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits. ashestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TEN MILLION DOLLARS ($10,000,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and tobind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi-colored. This appointment is made. under and by authority of the board of directors at a special meeting held on Febmary18, 1982. This Power of Attorney is signed and scaled by facsimile under and by the authority of the following resolutions.: adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. . RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited:in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any. Power of Attorney previously granted to such person. - - RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president. any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company maybe affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other, suretyship obligations of the company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 27TH day of NOVEMBER 2012. _ OLD REPUBLIC SURETY COMPANY SEAL D _ Ass n$areL'ry d 0 os STATE OF WISCONSIN, COUNTYOF WAUKESHA-SS On this 27TH- day of NOVEMBER 2012 _ , personally came before me, Gerald C: Leach ` and Phyllis M Johnson , to me known to be the individuals and officers of the OLD REPUBLIC. SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same,. and being by me duly sworn, did severally depose and say; that they are the said officers of the- corporation aforesaid, and that the seal affixed to the above insoma ent is the seal of the corporationand that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument.by the authority of the board of directorsof said corporation. ~TAq S: @~ r nua`to ,t Notary Public My commission expires: 9/28/2014 CERTIFICATE 1, the undersigned, assistant secretary _of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been}evoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force 77.5930 sae~r Signed and sealed at the City of Brookfield, WI this Z t.11 day of D0C2if1}~t9Y', Z O Z, jof~w;.. 410 'o' SEALIFi, $ . 0.5YSWn1~RJ w .Y.xL,nMPn,E WARD INSURANCE AGENCY, INC. THIS DOCUMENT HAS A COLORED BACKGROUND AND 6S MULTICOLORED ON THE FACE. THE COMPANY LOGO APPEARS UN THE BACK OF THIS DOCUMENMAMA WAtTERMARK. IF THESE FEATURES ARE ABSENT, THIS DOCUMENT 4 VOID. JAN-02-2013 11:36 From:ASANTE EMP. SVCS. 5417894724 To:5415356051 P.1/1 January 02, 2013 To Whom It May Concern: The Company/Corporation below is enrolled in a Non-DOT random drug testing program through Asante Work Health: Wes Norton dba Roxy Ann Rock PO Box 4488 Medford, OR 97501 Sincerely, Doris Moyer Asante Work Health Employer Services Coordinator 541-789-4825 Verification of current status of Company/Corporation may be confirmed by calling (541) 789-4825, Monduy through Thursday, 7:00am-5:00pm, Asantc 11EALTH SYSTEM OC CUPA'170NAL HEALTH SP,RVICES 2911 S'i.b,. BbnR, AI4.ni O g.9750.4 (541)6oR 4275 ❑ 2841 Aw.xr G, Whin ('rry, 0, y )7.60) 041) 608-4077 0.922-A N.P. FS,r C.}uxn Pun, O.r. 975'( (541) 955_3415 ❑ W" 'k, P@fI .1111 Cw1o 691 Alx FSr )bmd.ixUr I1z, hinl)ivd, O m.!7rdµ p41) (;0U-4707 0 ❑PTA 01 Ar..yby Rrnd, Suim 772, Mrd/.ad, 6m,,- 97.504 04)) 608-4707 ~.E2mJ~¢~ Ale, mOdDOa9 999 • DATE (MMIODYYY) ACCAl ® CERTIFICATE OF LIABILITY INSURANCE 12/12/2012 III.I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the euum~culenya). cemncate nomer in Deu m suet, PRODUCER NAM NTACT Bobbie Watts E. Ward Insurance Agency vnoNE (541) 687-1117 FAX . (541) 342-9280 PO Box 10167 E-MAIL.bobbiew@wardinsurance. net INSURERS AFFORDING COVERAGE NAICF Eugene OR 97440 INSURER A Travelers INSURED INSURER B : Wesley Reed Norton INSURER C: PO Box 4488 INSURER D: NSURER E Medford OR 97501 INSURER F: COVERAGES CERTIFICATE NUMBER:2012/2013 Work Comp 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. INSR TYPE OF INSURANCE L POLICY NUMBER MMLICYEFF MMmDIYEXP LIMITS R GENERALLIABIUTY EACH OCCURRENCE 5 DAMAGE T R N COMMERCIAL GENERAL LIABILITY PREMISES CLAIMS-MADE ❑ OCCUR MED EXP (Any one prawn) 3 PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS CONNOR AGO S POLICY PRO. LOG $ AUTOMOBILE LIABILITY EO MmNHEDI SINGLE LIMIT ANY AUTO BODNV INJURY (Pe, pels0nl S ALL OANED SCHEDULED BODRV INJURY IPeI acdiden0 S AUTOS UTOS rv PROPF.RTV DAMAGE HIRED AUTOS A AVON-0TOB WNEp $ Per e[cgem E UMBRELLA DAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S OED RETENTIONS $ A MRNERSCOMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L. EACH ACCIDENT S 500,000 OFFICERNEMSER EXCLUDED? NIA d 84453PO63 6/12/2012 6/12/2013 (Mandatory In NH) E. L. DISEASE - EA EMPLOYE $ 5()0,000 If yes. Iffa B under DESCRIPTION OF OPERATIONS S... FL . DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atuch ACORD 101, Additlune Rama,Aa SchaJUle, II more sWU Ia rsqulreal RE: Hunter Park Sidewalk Replacement CERTIFICATE HOLDER CANCELLATION scovil5@aol.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Ashland Parks b Recreation 340 S. Pioneer Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 C Christensen/BOBBIE ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005) 01 The ACORD name and logo are registered marks of ACORD Ntl,cl~E,e A*,2K S/ ;Z~,e4J Il G yCFP~AP,EAryGN>~' ?'2'J ~t No. 0o,0 0 >9.99y , e. o" CERTIFICATE OF LIABILITY INSURANCE 12/11 D2/11 DOIY/2D12YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hostler in lieu of such endorsement(s). PRODUCER COCONTACT NE. Kim Schnetzky Ward Insurance Agency PHO~ ,.(541)687-1117 FAC No: (541)342-8280 P 0 Box 10167 INSURERS AFFORDING COVERAGE NAIC i Eugene OR 97440 INSURERAILIIIerlCdn States Ins Company INSURED INSURERB: Wesley Reed Norton INSURERC: DBA: Rory Ann Rock INSURERD: PO BOX 4488 INSURER E: Medford OR 97501 INSURER': COVERAGES CERTIFICATE NUMBER 12/13GL/IM 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. WSR TYPE OF INSURANCE ADM SUBM POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER (MMIDONYYY) (MMIDDr(YYYJ GENERAL LIABILITY 10147779220 6/01/2012 6/01/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) 8 200,000 A CIAIMS-MADE 10 OCCUR X MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY ICI47779220 12/11/2012 06/01/2013 COMBINED SINGLE L 1,000,000 MY AUTO BODILY INJURY (Per person) $ A ALL OV.WED SCHEDULED AUTOS AUTOS X BODILY INJURY (Pereaidenl) $ X HIRED AUTOS X NOI~LON.NED PROPERTY DAMAGE $ AUTOS Peracaderl S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAa CLAIMSJ.tADE AGGREGATE $ DIED RETENTIONS $ WOWERSCOMPENSATION VAC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY FIR ANY PROPRIETOR/PARTNERZelECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED) (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If y s, deStllDe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A SCHEDULED EQUIPMENT ICI47779220 6/01/2012 6/01/2013 $500 DED. LIMIT $73,000 DESCMPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atmch ACORD 101, Additional Remark; Schedule, If more ;Pace le required) RE PROJECT: HUNTER PARK SIDEWALK REPLACEMENT CITY OF ASHLAND, AND ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS, BUT ONLY WITH RESPECT TO CONTRACTOR'S SERVICES TO BE PROVIDED UNDER THIS CONTRACT AND PER ATTACHED CG8674. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND PARKS 6 RECREATION 340 S. PIONEER ST. AU RIZEDWPRESENTATIVE ASHLAND, OR 97520 Darrin Godfrey/CLYNN ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. I NS025 (201005) 01 The ACORD name and logo are registered marks of ACORD a I NAMED INSURED: WESLEY REED NORTON POLICY# 01C147779220 Liberty COMMERCIAL GENERAL LIABILITY CG 86 74 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF ASHLAND, AND ITS AGENTS, OFFICERS, AND EMPLOYEES DUTY TO DEFEND or B or medical expenses under COV- ERAGE C. Paragraph a. of SECTION I - COVERAGE A and No other obligation or liability to pay sums or COVERAGE B is replaced by the following: perform acts or services is covered unless ex- a. We will pay those sums that the insured be- plicitly provided for under SUPPLEMENTARY comes legally obligated to pay as damages PAYMENTS - COVERAGES A AND B. because of "bodily injury", "property damage" or "personal injury and advertising EMPLOYERS LIABILITY injury" to which this insurance applies. We will have the right and duty to defend the in- The last paragraph of exclusion e. of SECTION 1 - sured against any "Suit' seeking those dam- COVERAGE A is replaced by the following: ages. Our duly to defend begins once you notify us of a "suit" as described in SEC- This exclusion does not apply to liability assumed TION IV - COMMERCIAL GENERAL LL by the insured under an "insured contract" ex- ABILITY CONDITIONS, 2.b. However, we cept for that part of a contract or agreement that will have no duty to defend the insured indemnifies any person or organization for their against any "suit" seeking damages for sole liability. bodily injury", 'property damage", or "personal injury or advertising injury" to WRONGFUL EVICTION which this insurance does not apply. We may, at our discretion, investigate any The following exclusion is added to SECTION I - occurrence" and settle any claim or "suit" COVERAGE B: that may result. But: The wrongful eviction from, wrongful entry into, (1) The amount we will pay for damages is or invasion of the right of private occupancy of a limited as described in SECTION 111 - room, dwelling or premises arising out of any: LIMITS OF INSURANCE; and (1) "property damage" to the room, dwell- (2) Our right and duly to defend ends when ing or premises; or we have used up the applicable limit of (2) "bodily injury" sustained through occu- r insurance in the payment of judgments pancy of a room, dwelling or premises. or settlements under COVERAGES A Salmo and IM Sale o logo are registered tradamarb of Sal CoroMatlm a CG 86 74 12 07 Page 1 of 5 EP C-AGO -PNINT001 I TPIOW J ADDITIONAL INSURED - BY WRITTEN CON- This insurance does not apply to "bodily TRACT, AGREEMENT OR PERMIT, OR SCHED- injury", "property damage", or ULE "personal and advertising injury" arising out of operations performed for the state The following paragraph is added to SECTION II - or municipality; WHO IS AN INSURED: C. The insurance with respect to any architect, 4. Any person or organization shown in the Sched- engineer, or surveyor added as an insured ule or for whom you are required by written con- by this endorsement does not apply to tract, agreement or permit to provide insurance "bodily injury", "property damage", or is an insured, subject to the following additional "personal and advertising injury" arising out provisions: of the rendering of or the failure to render any professional services by or for you, in- a. The contract, agreement or permit must be cluding; in effect during the policy period shown in the Declarations, and must have been exe- (1) The preparing, approving, or failing to cuted prior to the "bodily injury", "property prepare or approve maps, drawings, damage", or "personal and advertising opinions, reports, surveys, change or- injury", ders, designs or specifications; and b. The person or organization added as an in- (2) Supervisory, inspection or engineering sured by this endorsement is an insured only services. to the extent you are held liable due to: d. This insurance does not apply to "bodily (1) The ownership, maintenance or use of injury" or "property damage" included within that part of premises you own, rent, the "products-completed operations lease or occupy, subject to the following hazard". additional provisions: e. A person's or organization's status as an in- (a) This insurance does not apply to sured under this endorsement ends when any "occurrence" which takes place your operations for that insured are com- after you cease to be a tenant in plated. any premises leased to or rented to f. No coverage will be provided lf, in the ab- you; sence of this endorsement, no liability would (b) This insurance does not apply to be imposed by law on you. Coverage shall any structural alterations, new con- be limited to the extent of your negligence struction or demolition operations or fault according to the applicable principles performed by or on behalf of the of comparative fault. person or organization added as an g. The defense of any claim or "suit" must be insured; tendered as soon as practicable to all other (2) Your ongoing operations for that in- insurers which potentially provide insurance sured, whether the work is performed for such claim or "suit". by you or for you; h. The insurance provided will not exceed the (3) The maintenance, operation or use by lesser of: you of equipment leased to you by such (1) The coverage and/or limits of this policy, person or organization, subject to the or following additional provisions: (2) The coverage and/or limits required by (a) This insurance does not apply to said contract, agreement or permit. any "occurrence" which takes place after the equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED (b) This insurance does not apply to AIRCRAFT LIABILITY "bodily injury" or "property damage" arising out of the sole Exclusion g. of SECTION I - COVERAGE A is re- negligence of such person or or- placed by the following: ganization; 9• "Bodily injury" or "property damage" arising (4) Permits issued by any state or political out of the ownership, maintenance, use or subdivision with respect to operations entrustment to others of any aircraft, "auto" performed by you or on your behalf, or watercraft owned or operated by or rented subject to the following additional pro- vision: Paga 2 of 5 C-AG31-PNINTWI.1784-0 24 ` or loaned to any insured. Use includes oper- "Property damage' to: ation and loading or unloading". (1) Property you own, rent, or occupy, in- This exclusion applies even if the claims cluding any costs or expenses incurred against any insured allege negligence or by you, or any other person, organiza- other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement, employment, training or monitoring of others enhancement, restoration or mainte- by that insured, if the "occurrence" which nance of such property for any reason, caused the "bodily injury" or "property including prevention of injury to a per- damage" involved the ownership, mainte- son or damage to another's property; nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned (2) Premises you sell, give away or aban- or operated by or rented or loaned to any in- don, if the "property damage" arises out of any part of those premises; cured. This exclusion does not apply to: (3) Property loaned to you; (1) A watercraft while ashore on premises (4) Personal property in the care, custody you own or rent; or control of the insured; (2) A watercraft you do not own that is: (5) That particular part of real property on which you or any contractors or sub- (a) Less than 52 feet long; and contractors working directly or indirectly (b) Not being used to carry persons or on your behalf are performing oper- ations, it the "property damage" arises out of those operations, or (3) Parking an "auto" on, or on the ways (6) That particular part of any property that next to, premises you own or rent, pro- replaced the "auto" is not owned by or must because be restored, repaired or fncorrectly vided rented or loaned to you or the insured; "your work" was i performed on it. (4) Liability assumed under any Insured contract" for the ownership, mainte- Paragraphs (1), (3) and (4) of this exclusion nance or use of aircraft or watercraft; or do not apply to "property damage" (other than damage by fire) to premises, including (5) "Bodily injury" or "property damage" the contents of such premises, rented to arising out of: you. A separate limit of insurance applies to (a) the operation of machinery or Damage To Premises Rented To You as equipment that is attached to, or described in SECTION III - LIMITS OF part of, a land vehicle that would INSURANCE. Paragraph (2) of this exclu quality under the definition of sion does rat apply f the premises are "your "mobile equipment" if it were not work" and were never occupied, rented or subject to a compulsory or financial held for rental by you. responsibility law or other motor ve- Paragraphs (3), (4), (5) and (6) of this exclu- hicle insurance law in the state sion do not apply to liability assumed under where it is licensed or principally a sidetrack agreement. garaged; or Paragraph (6) of this exclusion does not ap- (b) the operation of any of the machin- ply to "property damage" included in the ery or equipment listed in Paragraph "products-completed operations hazard". f.(2) or f.(3) of the definition of "mobile equipment". Paragraph 6. of Section 111 is replaced by the follow- (6) An aircraft you do not own provided it is ing: not operated by any insured. 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we o TENANTS' PROPERTY DAMAGE LIABILITY will pay under COVERAGE A for damages be- cause of When Damage To Premises Rented To You Limit is "property damage" to any one prem- 9e ises, while rented to you, or in the case of shown in the Declarations, SECTION 1 - COVER- damage by fire, while rented to you or temporar- AGE A, exclusion is replaced by the following: ily occupied by you with permission of the owner. j. Damage To Property CG 86 74 12 07 Page 3 of 5 EP GeG31 FeINT~1-178aQp8;,l t T 1. 0 The Damage To Premises Rented To You Limit is the a. "Bodily injury" or "property damage" ex- higher of $200,000 or the amount shown in the Dec- pected or intended from the standpoint of the larations as Damage To Premises Rented To You insured. This exclusion does not apply to Limit. "bodily injury" or "property damage" result- ing from the use of reasonable force to pro- WHO IS AN INSURED - MANAGERS tect persons or property. The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT II - WHO IS AN INSURED: The medical expense limit is amended to $10,000. Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE SUPPLEMENTARY PAYMENTS - COVERAGES A The following is added to Paragraph 2. SECTION IV AND B - BAIL BONDS - COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Paragraph 1.b. of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of: - COVERAGES A AND B is replaced by the follow- ing: Knowledge of an "occurrence", claim or "suit" by b. Up to $3,000 for cost of bail bonds required your agent, servant or employee shall not in itself because of accidents or traffic law violations constitute knowledge of the named insured unless an arising out of the use of any vehicle to which officer of the named insured has received such notice the Bodily Injury Liability Coverage applies. from the agent, servant or employee. We do not have to furnish these bonds. INSURED CONTRACT SUPPLEMENTARY PAYMENTS - COVERAGES A The following definition is added to SECTION V - SUREDS INDEMNITEES AND ADDITIONAL IN- DEFINITIONS, Definition 9. "insured contract" par- agraph f.: Paragraph 2.f.(1) (d) of SUPPLEMENTARY PAY- (4) That part of any contract or agree- MENTS - COVERAGES A AND B is replaced by ment that indemnifies any person the following: or organization for the indemnitee's (d) Cooperate with us with respect sole tort liability. to coordinating other applicable OTHER INSURANCE insurance and self-insured retention available to the in- demnitee; and The first paragraph of Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- EMPLOYEES AS INSUREDS - HEALTH CARE DITIONS is replaced with the following: SERVICE If other valid and collectible insurance, or any self-in- Paragraph 2.a.(1) d. of SECTION 11 - WHO IS AN sured retention, is available to the insured for a loss INSURED is deleted, unless excluded by separate we cover under COVERAGE A or B of this Coverage endorsement. Part, our obligations are limited as follows: EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING ORGANIZATIONS The second paragraph of 4.c. Method of Sharing of Paragraph 3.a. of SECTION 11 - WHO IS AN IN- SECTION IV - COMMERCIAL GENERAL LIABIL- SURED is replaced by the following: ITY CONDITIONS is replaced with the following: a. Coverage under this provision is afforded If any of the other insurance does not permit contri- only until the end of the policy period. bution by equal shares or is subject to a self-insured retention, we will contribute by limits. Under this EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of its applicable limit of insurance or self-insured re- Exclusion a. of SECTION I - COVERAGE A is tention or both combined to the total applicable limits amended to read: Page 4 of 5 f.-A&31-PNINT=.1 76100Ga J of insurance of all insurers and the amount of any our right to collect additional premium or exercise our self-insured retention. right of cancellation or non-renewal. UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE HAZARDS The following paragraph is added to SECTION IV - The following is added to Paragraph & Representa- COMMERCIAL GENERAL LIABILITY CONDI- tions of SECTION IV - COMMERCIAL GENERAL TIONS: LIABILITY CONDITIONS: 10. If a revision to this Coverage Part, which would If you unintentionally fail to disclose any hazards ex- provide more coverage with no additional isting at the inception date of your policy, we will not premium, becomes effective during the policy deny coverage under this Coverage Form because of period in the state shown in the Declarations, such failure. However, this provision does not affect your policy will automatically provide this addi- tional coverage on the effective date of the re- vision. v 0 GG 86 74 12 07 Page 5 of 5 EP 64&31.PRINTW14 IP 00%j I i 1( R CC SDI Page 1 1 C"' Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 1/4/2013 00189 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004105 SHIP TO: ROXY ANN ROCK PO BOX 4488 MEDFORD, OR 97501 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Confirming? NO Special Inst: i descri tion .Unit Price, " Ekt. Price Remove, replace sidewalks, stairs and 158,677.0.0 railinq at Hunter Park. *Complete description in bid documents. Public Improvement Contract Siqned January 2, 2013 SUBTOTAL 158 677.00. BILL TO: TAX 0.00. FREIGHT 0.00. TOTAL 158,677.00 jAccount Number, Project Number c :,Amount .,,,dccount Number Project'Number .-:Amount E 411.12.00.00.70420 E 000029.999 158,677.00 i A9Mgrl_ §iggature VENDOR COPY FARM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: / / j7 Required date for delivery: 11-7113. Vendor Name Address, City, State, Zip PQ 90x 1'YlgpFpg.a DIc. 1176-0 Contact Name & Telephone Number (e,jf-rni Nnr4in,% 1 Str/, /_n1-7c~ / Fax Number Y~ 571 - S~ Oosi SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: Invitation to Bid (Copies n file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council:l2 L ❑ 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 Dale approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Stale 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 ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost I?EMOUCLSAC?WCG 15 1OULV Ij-S)157-h S 09'00 R.RILW & A-T Hu1VnE4e- AA-AJL- $!5) (a77 00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number~=25-~O Account Number - Account Numbergl l - ~Z C0-CV-70V?.CC7 Account Number _ _ _ - _ _ - _ _ - _ _ - _ _ _ _ _ _ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No B~ysigning ~this rreisition form, I certify that the City's public contracting requirlements have an satisfied. Employee Signature a^^"""` - Department Head Signature: (Equal to or greater than $5,000) Additional signatures (if applicable): J C r fi /q 1 Qm- QJ,,. J ~ l~i~xor3 Funds appropriated for current fiscal year YES / NO Finance Director-(Equal to orgreater then $5,000) Date Comments: Fogs #3 - Requisition CITY OF FORM'#i2 ASHLAND. RFrQ~L1ES~~TOR BUDC~, +"T, T2EV.~~W To: Lee Tuneberg, Finance Director From: Don Robertson Date: October 12, 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 (ITB) or Request for Proposal (RFP). If the amount of the successful bid or proposal exceeds the initial amount approved as a result of the budget review, the department is to request by memo another budget review to ensure adequate funds are available for the additional amount prior to the department requesting approval from the-City Council to award and execute the intended public contract.) REQUEST FOR BUDGET REVIEW PRIOR TO RELEASE OF ITB OR RFP: Hunter Sidewalk Replacement: Project # Replacement of deteriorating sidewalks, stairways and tailing at Hunter Park. Project # 000029.999 O Amount budgeted: $149,66.00 Account Number(s) and amounts if multiple accounts: 411.12.00.00.704200 Tim I' of intended project: November 12, 2012 - December 31, 2012 L - Funds appropriated for current fiscal ,year: F. / NO Department [lead 6 u_ 12-, Finance Direct Date L Date REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO RELEASING ITB OR RFP:. Actual amount of bid/proposal: $ Funds appropriated for current fiscal year: YES / NO Department Head Finance Director Date Date Form #12 - Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1, 1011212012