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HomeMy WebLinkAbout2013-030 Contract - Ausland Builders T • ° r CITY OF ASHLAND PUBLIC IMPROVEMENT CONTRACT The Plaza Lt Downtown Ashland Project No. 2012-15 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and Ausland Group (Hereinafter "Contractor"). The City's Project Manager for this Contract is Scott A. Fleury. Project Manager, City of Ashland Public Works Department WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No.-x- through No. _x_, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "The Plaza In Downtown Ashland' and WHEREAS, Contractor did on the 10'h day of January, 2013, 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 forih 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 January 16, 2013, or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise City of Ashland 19 1/152013 terminated or extended, be completed on or before March 22, 2013 or before 50 calendar days following Contractor's receipt of the Notice to Proceed, whichever is earlier. 3. Statement of Work The work under this contract is for The Plaza In Downtown Ashland including installation of pavers concrete seat walls landscape improvements,, curb and gutter, and other improvements as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in 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 The Plaza In Downtown Ashland for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the mamrer provided in the Contract Documents, a sum not to exceed: One hundred and thirty nine thousand and seven hundred dollars ($139.700) for accomplishing the work required by this contract, including allowable expenses. This fixed 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 Terns 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. City of Ashland 20 1/152013 CONTRACTOR DATA, CERTIrICATION, AND SIGNATURE Business Name (please print): AUSLAND GROUP Contact Name: _AARON AUSLAND Phone: 541/476-3788 Fax: 5411476-2313 Address: 3935 HIGHLAND AVE., GRANTS PASS OR 97520 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of If" 9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department Ashland Business License # BL-007621 Construction Contractors Board # 172333 Citizenship: Nonresident alien Yes X No Business Designation (check one): Individual _ Sole Proprietorship _ Partnership X 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 ID number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement-Contracts (Exhibit A) together with Exhibits B through J 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 Umy 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 ' 670.600. Signed C tr tor: JANUARY 22, 2013 Signatur rile Date AARO AUSLAND, PRESIDENT Printed Name: NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. City of Ashland 21 1/152013 CITY OF ASHLAND SIGNATURE Appr ed: 30 1 13 Mike Faught, Dir ctor of Public Works, City of Ashland Date Authorized by Ordinance 3013 and Delegation Order dated June 22. 2010 Coding: Reviewed: Dav' oh . , City Attorney (approved as to legal form) Date 1 City of Ashland 22 1/9/2013 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 con act documents, and has checked four or more of the following criteria: (1) ) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. _Z(2) Commercial advertising or business cards or a trade association membership are ed for the business. purchas 7 (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. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and o ssl ' surance or liability insurance relating to the labor or services to be provided. JANUARY 22, 2013 ntr c Date City of Ashland 23 1/152013 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR W CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATIO : I a authorized to act on behalf of the entity named below, and certify under penalty of perjury tl t it is orporation. AUSLAND GROUP JANUARY 22, 2 13 Entity ignature Date B CONTRACTOR IS INDEPENDENT _A__ , < 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. City ofAshlmd 46 1/152013 _ D. Labor or services are perfomied only pursuant to written contracts. _ E. Labor or services are performed for two or more different persons within a period of one year. _ F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order pay. Contractor shall pay any additional costs incurred by the City in defending sue actin r incurred as a result of such action. This indemnification is in addition to Cainde ication otherwise in this agreement. JANUARY 22 201 ntractor Signature Date , krignature Da City of Ashland 47 11152013 A` °R° CERTIFICATE OF LIABILITY INSURANCE x/28/2013"' 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim SchnetZk NAME: y Ward Insurance Agency PHONE (541) 687-1117 F" o.(541)342-8280 PO Box 10167 E-MAIL .kim@wardinsurance. net INSURERS AFFORDING COVERAGE NAIC # Eugene OR 97440 INSURER A:Continental Western Ins. Co. 0804 INSURED INSURERS Columbia Casualty Company Ausland Builders Inc, DBA: Ausland Group INSURER C: 3935 Highland Avenue INSURER D: INSURER E: Grants Pass OR 97526 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1312820925 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 ADUL SUER POLICY EFF POLICY UP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMI001YYYY MMIOO/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea ocTI ante E 300, 000 A CLAIMS-MADE OCCUR X WP2967760 /1/2013 /1/2014 MED EXP(Anyone person) $ 10,000 X Stop Gap Liability Incl PERSONAL B ADV INJURY $ 1,000,000 X Limited Pollution GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER 1,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED X WP2967760 /1/2013 /1/2014 BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE E HIRED AUTOS AUTOS Per ewitlent Uninsured molonst comoined $ 1 000 000 X UMBRELLA DAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS U2967761 /1/2013 /1/2014 $ WORKERS COMPENSATION WC STATU- DTH- ANO EMPLOYERS' LIABILITY V / N IMITR _TER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE E D yes, deacnoe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LILIIT S B Professional Liability PB286253576 /1/2013 /1/2014 Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD I D1, Additional Remarks Schedule, It more space is required) RE: THE PLAZA IN DOWNTOWN ASHLAND PROJECT # 2012-15 THE CITY OF ASHLAND, AND ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDTIONAL INSUREDS, BUT ONLY WITH RESPECT TO CONTRACTOR'S SERVICES TO BE PROVIDED UNDER THIS CONTRACT S PER ATTACHED CLCGO013 6 CW3468. COMPLETED OPERATIONS APPLY PER ATTACHED CLCG2048. COVERAGE IS PRIMARY 6 NON-CONTRIBUTORY PER ATTACHED CLCGO013. WAIVER OF SUBROGATION IS APPLICABLE PER ATTACHED CLCGO013. PER PROJECT AGGREGATE APPLIES PER ATTACHED CLCGO013. CERTIFICATE HOLDER CANCELLATION (541) 488-6006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS DEPARTMENT ATTN: SCOTT A. FLEURY AUTHORIZED REPRESENTATIVE 20 E. MAIN STREET ASHLAND, OR 97520 Paul Jensen/KIMBER ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005) D1 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a{~ GENERAL LIABILITY PLATINUM ENDORSEMENT— "L JAN 3 0 2013 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ~a°r u$ A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 6. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (Ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner, 4. Paragraph 9.a. of SECTION V- DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnities any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract", C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc with its permission b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you, 3. Any physical or chemical change in the product made intentionally by the vendor, 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, CL CG 0013 01 12 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc with its permission 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection; or removal of elevators, or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED- NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc with its permission (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company, is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. 1. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. L. OTHERINSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. CL CG 0013 01 12 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc with its permission The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. This insurance does not apply to "bodily injury', "property damage", "personal and advertising injury" included within the "products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CL CG 0013 01 12 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc with its permission 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc with its permission AUTO EXPANSION COVERAGES FORM CW34680110 "PLATINUM" Form Includes: ADDITIONAL INSI?RED - EMPLOYEES Replaces form CA9933 ADDITIONAL INSI?RED - PRIMARY AND NONCONTRIBUTORY AIRBAG EXTENSION OF COVERAGE. BAIL BONDS - SUPPLEMENTARY PAYMENTS LIMIT $ 3,000 BROADENED NAMED INSURED CUSTOMIZED FURNISHINGS $ 500 LIMIT DRIVE OTHER CAR COVERAGE ELECTRONIC EQUIPMENT COVERAGE FELLOW EMPLOYEE COVERAGE GLASS CONIPREHENSIVE DEDUCTIBLE WAIVED IF PATCHING/REPAIR DONE INSTEAD OF REPLACEMENT HIRED PHYSICAL DAMAGE COVERAGE $ 50,000 LIMIT KNONA-TLDGE OF OCCURRENCE LIBERALIZATION CLAUSE LOAN/LEASE GAP COVERAGE LOSS OF EARNINGS - SUPPLEMENTARY PAYMENTS LIMIT $ 500 IvIEDIC'.AL PAYMENTS LIMIT DOUBLE PERSONAL EFFECTS $ 500 LIMIT RENTAL REIMBURSEMENT COVERAGE $ 75 PER DAY, $ 2,500 TOTAL LIMIT TOWING AND LABOR $ 100 LIMIT TRANSPORTATION EXPENSE $ 75 PER DAY, $ 2,500 TOTAL LIMIT (due to theft of private passenger type vehicle) UNINTENTIONAL OMISSIONS WAIVER OF SUBROGATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; for that additional insured and included in the "products-completed operations hazard". B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission A6 ® a DATE (MWDDNYYY) la.i CERTIFICATE OF LIABILITY INSURANCE 1/26/2013 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Schnetzk Y NAME: Ward Insurance Agency PHONE (541) 687-1117 F^X o. (541) 342-8280 PO Box 10167 EMAIL .kim@wardinsurance. net INSURERS AFFORDING COVERAGE NAICIt Eugene OR 97440 INSURER A:Continental Western IRS. CO. 10804 INSURED INSURERS Columbia Casualty Company Ausland Builders Inc, DBA: Ausland Group INSURER C: 3935 Highland Avenue INSURER D: INSURER E Grants Pass OR 97526 INSURER F: COVERAGES CERTIFICATE NUMBER CL1312820925 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. HER ADDLSUEIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER aMIDD/Y1'YY MM/DD/YYYY LIMITS in& GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 300,000 A CLAIMS-MADE FxJOCCUR X WP2967760 /1/2013 /1/2014 MED EXP An one person) $ 10,000 X Stop Gap Liability Incl PERSONAL B ADV INJURY $ 1,000,000 X Limited Pollution GENERAL AGGREGATE IS 2,000,000 GENT AGGREGATE LIMIT APPLIES PER 1,000,000 PRODUCTS - COMPIOP ASS E 2,000,000 X PRO LOC It POLICY f- JECT POMOBILE LIABILITY COMBIN~EEDI SINGLE LIMIT 1,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X WP2967760 /1/2013 /1/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccideot Uninsured motorist combined IS 1 000 000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEC RETENTIONS U2967761 /1/2013 /1/2014 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El N / A (Mandatory In NH) E.L. DISEASE- EA EMPLOYE $ It yes, describe under DESCRIP'i ION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability PB288253576 /1/2013 /1/2014 Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: REMODEL AND ADDITION TO THE ASHLAND POLICE FACILITY; PROJECT NO. 2010-20 THE CITY OF ASHLAND, AND ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDTIONAL INSUREDS, BUT ONLY WITH RESPECT TO CONTRACTOR'S SERVICES TO BE PROVIDED UNDER THIS CONTRACT & PER ATTACHED CLCGO013 & CW3468. COMPLETED OPERATIONS APPLY PER ATTACHED CLCG2048. COVERAGE IS PRIMARY & NON-CONTRIBUTORY PER ATTACHED CLCGO013. WAIVER OF SUBROGATION IS APPLICABLE PER ATTACHED CLCGO013. PER PROJECT AGGREGATE APPLIES PER ATTACHED CLCGO013. CERTIFICATE HOLDER CANCELLATION (541) 488-6006 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. PUBLIC WORKS DEPARTMENT ATTN: SCOTT A. FLEURY AUTHORIZED REPRESENTATIVE 20 E. MAIN STREET ASHLAND, OR 97520 Paul Jensen/KIMBER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT JAN 3 0 2013 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART rey C14 me -w-A ' A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000, or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner, 4. Paragraph 9.a. of SECTION V -DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is a. Less than 51 feet long, and CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc with its permission b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION 1- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500, and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION 11- WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury' or "property damage" arising out of 'your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you, 3. Any physical or chemical change in the product made intentionally by the vendor, 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 2 of 6 Office Inc with its permission 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators, or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED- NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc with its permission (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company, is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. 1. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. L. OTHERINSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc with its permission The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: a. Your acts or omissions, or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. This insurance does not apply to "bodily injury', "property damage", "personal and advertising injury' included within the "products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B "Bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc with its permission 2. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 0013 01 12 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc with its permission AUTO EXPANSION COVERAGES FORM CW34680110 "PLATINUM" Form Includes: ADDITIONAL INSURED - EMPLOYEES Replaces form C. A9933 ADDITIONAL INSTJRED - PRIMARY AND NONCONTRIBUTORY AIRBAG EXTENSION OF COVERAGE ' BAIL BONDS - SUPPLEMENTARY PAYMENTS LIMIT $ 3,000 BROADENED NAMED INSURED CUSTOMIZED FURNISHINGS $ 500 LIMIT DRIVE OTHER CAR COVERAGE ELECTRONIC EQUIPMENT COVERAGE FELLOW EMPLOYEE COVERAGE GLASS CONIPREHENSINE- DEDUCTIBLE N'VAIVED IF PATCHING%REPAIR DONE INSTEAD OF REPLACEMENT HIRED PHYSICAL: DAMAGE COVERAGE $ 50,000 LIMIT KNOWITDGE OF OCCURRENCE LIBERALIZATION CLAUSE LOAN/LEASE CAP COVERAGE LOSS OF EARNINGS - SUPPLEMENTARY PAYMENTS LIMIT $ 500 Iv1ED1C'.AL PAYMENTS LIMIT DOUBLE PERSONAL EFFECTS $ 500 LIN41T RENTAL REIMBURSEIvIENT COVERAGE $ 75 PER DAY, $ 2,500 TOTAL LIMIT TOWING AND LABOR $ 100 LIMIT TRANSPORTATION EXPENSE $ 75 PER DAY, $ 2,500 TOTAL LIMIT (due to theft of private passenger tv e vehicle) UNINTENTIONAL OMISSIONS W,UVER OF SUBROGATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; for that additional insured and included in the "products-completed operations hazard". B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission STATE OF OREGON ' STATUTORY PUBLIC WORKS BOND REC'b OCT 0 4 Surety bend?: 58639619 CCB 9(if applicable): 72333 2~6 Builders Inc. , SUl arty We, p,,,. .;land yprincipal, an toestern e c1- Co a corporation quahEed and aut:orized to do business in the State of Oregon, as surety, are held and F:mly bound unto the State of Oregon for the use and beacfi;or llc Oregon Bureau of Labor and Industries (BOLI) in the sum of thirty thousand dollars (430,000) lawful money of the United Stales of America to be paid as provided in ORS chapter 279C. as amended by Oregon Laws 2005, chapter 360, for which payment wellard truly to be made, we binJ ourselves, our heir5, personal representatives, successors and assigns,joindy and severally, firmly by lbisagreemcnt. WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the provisions of ORS chapter 2790, as amended by Oregon Laws 2005, chapter 360, and is, therefore, requited to obtain and file a sia:utcri 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 tigatd 10 all work done by the principal as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLI against the principal to workers performing labor upon public works projects for unpaid wages determined to be due, in accordance with ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, and OAR Chapter 939, then this obligation shall be vnid•, othcrwiseSgrc:nain in.full.<.,,.'...._.~, --forceand-effectr- 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 hereunder shall in no event exceed the amount of the penalty of this bond. This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect i until depicted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety sooner cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on contracts entered after cancellation by giving 30 days' written notice to the principal, the Construction Contractors Board, and BOLT. Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLT relating to work performed during the work period of a contract entered into before cancellation of this bond. IN WITNESS WHEREOF, the principal and surety execute this agreement. The surety filly authorizes its represcatarives in the State of Oregon to enter into this obligation. SIGNED, SEALED AND DATED this 1 day of Oc t-.nher 2006 Surety by: Principalby: AUSland Builders Inc. Western Surety Co. (Seal) Cantp<z i+`(d~jm, e~~ / Namr 1 'FYI \ A: JA ' 1 J A_ S'grfQr° John A. Martin Signature Attorney In Fact Title (e.g. Alrornev-in-fact) vu~ 7"itlc SENE) B., TO: •CahstruefionC6nt6i:torsBoard_ Address '..::.PO.Boit14140.::'...:-... - Selem; OR'. 97309-5052 . Telephoriei. (503) 378-4621 Gnre zip PERFORMANCE BOND The undersigned Ausland Builders, Inc. as principal, frther referred to in this bond as Contractor, and Western Surety Company . as surety, further referred to in this bond as Surma, are 'oWly and severally bound to City of Ashland as obligee further referred to in this bond as City in the sum of One Hundred Thirt y-Nine Thousand, Seven Hundred and No/100ths Dollars ($139,700.00 I Contractor and City have entered into a written contract dated . for the following_pr wccl: The Plaza In Downtown Ashland. 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 required by ORS 279C. 380 through 279C.385, then this obligation is null and void: otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract the Surety shall promptly remedy the default perform all of Contractor's obligations under tire contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is sub ct to claims under ORS 279C.380 through 279C 390 4. This obli ag tion 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. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows Bond Number: 929524709 Bond Agent: Ward Insurance Agency Address: P O Box 10167 Eugene, OR 97440-2167 Telephone: (541) 687-1117 SIGNED this ZD~ day of t 2013 City of Ashlmd 49 1/152013 PERFORMANCE BOND Page 22 WITNESS: CONTRACTOR: 4Au d B uilders, Inc. B (CorporateSeal) TitlI' 1 Legal Address: 3%35 A/ 6 /&r,- AVQM,UQ 2 Attest: rate Secretary W S: i SURETY: W stern Surety C~om n _ Sue'Ledford (Corporate / Seat) 1~f - By' Ruby M. skell Title: Attorney-in-Fact Legal Address: 101 South Phillips Ave. Sioux Falls, SD 57/117 Attest-. Q Tina A. Costa Corporate Secretary Attorney-in-Fact City ofAshlwd so 1/15/2013 PAYMENTBOND The undersigned . as principal. further referred to in this bond as Contractor. and Western 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 ht the sum of One Hundred Thirty Nine Thousand, Seven Hundred and No/l00ths Dollars 139,700.00 1 Contractor and City have entered into a written contract dated . for the followingprolech The Plaza in Downtown Ashland This contract is further referred to in this bond as the Contract and is incomorated into this bond by this reference The conditions of this bond are: I . If Contractor faithfully performs the Contract within the time prescribed by the Contract and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C 620 then this obligation is null and void: othenvise 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 and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This 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. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 929524709 Bond Agent: Ward Insurance Agency Address: P O Box 10167 Eugene, OR 97440-2167 Telephone: (541) 667-1117 SIGNED thisN day of 20:13 City of Ashland 51 - 1/152613 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: u nd Builders, Inc. By: (Corporate Seal) Title: Legal Address: y Attest: to Secretary WITNES SURETY: Western Surety Company Sue 1-ford (2~e (Corporate Seal) By. 'Ruby M. H elll 'x Title: Attorney-in-Fact Legal Address: 101 South Phillips Ave. Sioux Falls, SO 57117 Attest: 0, l OS& ~ Tina A. Costa Corporate Secretary Attorney-in-Fact City of Ashland 52 1/152013 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Ruby M Haskell, Larry C Buck, Paul Jensen, Kristen McGillvrey, Robert A Harvey, Steven J Hanson, Catherine L Gomes, Tina A Costa, Individually of Eugene, OR, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - , and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of November, 2012. + "ITY' WESTERN SURETY COMPANY ~~PONgl }e`s ~vsSp !A~ aul T. BruFlat, Vice President State of South Dakota l J} County of Minnehaha Is On this 2nd day of November, 2012, before me personally came Paul T. BruFlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires f J. MOHR June 23, 2015 r NOTARY PUBLIC r sent eAx { I SOUTH DAKOTAs i ~j~ ) +wrww.+rww...wv~w~1 BiIV r/ 1. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby cenify that the Power of AHOmey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 116" day of _\O A VrN,L1 IF , Le11 WESTERN SURETY COMPANY gp ravonq~ ~:I ~-~~(p ~4'swAl~,~~ ~J1 Form F428o-7-2012 L. Nelson, Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. City of Ashland, Oregon PROPOSAL AND 1310 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 HID SCHEDULE, ALL IN ACCORDANCE WITH THE. CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS; AND DRA~VINCS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. - NAMEOFiEiDDER'. AUSLAND_.BUILDERS.INGs dtiaAUSLAND GROUP CONTACT AARON AUHLAND t`!' _ ADDRESS 3935 HIGHLAND AVE CITY:'~GRANTSPASS.-;~. " STAT9./OR .W:zIP97526:- 54 T&3788 TELEPHONE NO ,:.~x:...,.~.,~...... FA,XNO0W.:541/476-2313 z , EmAi .;ADtiRESS : AAUSLAND@AUSLANDGROUPCOM To the Honorable Mayor and City Council City Hall City of Ashland 20 East Mnin Street Ashland, Oregon 97520 In response to competitive bidding, flits PROPOSAL is submittedas sit offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, nmchtucry, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction of the Tito Plaza In Downtown Ashland (hereinafter "Project") for the City of Ashland, Oregon, as shown ht the contract documents on rile at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations ns to the nets, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and priceshcreiu submitted. L The undersigned has familit riind themselves With the nattire and extent Of the Contract Documents, project wor9ysite, locality, general nature of work tube performed by City or others at the site that relates to the project work required by tine 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. - 1 2. The undersigned has obtained and carefully studied (or nssuunes responsibility for obtaining and carefully studying) examinations, Investigation, explorntion, 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 I 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 its City ofASaland - 10 1212012012 additional or supplementary examinations, investigations, explorations, tests, repots; or similar information ordain are or will be required by Contractor farsuck purposes. 3. It is understood that the City shall investigate and determine the quail8cn6ous of the.apparent low responsive 61Ader prior to awarding the contract. The City shall rejeeNany bid by a nongtmlifled or disqualified' bidder, The City of Ashland. reserves RiCright to reject for any good cause any or all bids, iwatve 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 noun 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 he based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors mil Invitation to Bid, null compliance with City public contracting rules. Additional evaluation criteria are as follows: None. d. The deadline to file n ivritteu protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less limn Mao 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, all([ drawings have been examined and an examination of the site of the proposed work, together with such hwestignlions 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 documoints are hereby accepted; and that if this Offer is accepted, the undersigned will contract wish the City of Ashland, Oregon, in a form substantially sindlar to that attached Agreement and agree to be bound to the ternis and conditions of said contract and solicitation documents. . 6. It is understood that the contract drawings any be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not In conflict with those referral to in paragraph 1 above, they shall have the same force and effect as though they were l 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, 7 of receipt of such notice, execute a formal contract agreement with the City. Tire undersigned 1 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 lusuahce for Liability and property damage coverage; Certificates of Co'ernge for Workman Compensation and unemployment. insurance; 1 - All other bonds, permits, licenses, etc. as required in the contract documents. •',y~ 6. The following base bid of C>"hr_ b .2 Dollars -idetu r1`4, j 3 r f70i;.- is proposed for this project as described hrwthe Contract Documents. 7. All items in file Bid Schedule hive been completed in full by shoiving a unit or lump sum price at, prices fur eat)n and every item thercoll The price per item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. , i S. It is understood that all. the work will be performed under a lump sun or unit price basis aid - j that for tine 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 sahl lump sum or unit price named. It Is understood that the quantities stated in connection with the price I schedule for the contsactare.approximate only and payment shall be made at the bull prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of + i work covered by die lump sum price, it shall be computed an a basis of "extra work" for which all increase in payment-will have been earned and if there be a decrease in the lump sum payment, it shag be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is City of Ashland 11 1212012012 understood that any estimate with respect to time, materials, equipment, m• service which may appear on. the plans or in the specifications 6 for the sole impose of assisting the undersigned in checking the undersigned's own Independent calculations !lid that at no time shall the undersigned nttempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors m• omissions that only appear in any estimate.- - 9. Tito 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 nod if there are tiny. 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, transpotntions, equipment and services of all kinds required for, necessary for, or' reasonably incidental to, construction of this Project with all appurtenant work us required by the plans and specifications o f this Offer for the writ or lump sum prices in the "BID SCHEDULE". 1L lit stating prices, it is understood that the prices include all materials and -work required to complete life contract in accordance with the plans and specifications. If any mateutil, item or service required by the Plans and specifications has not been:ntentioned specifically in the "BID SCHEDULE", the same shall be burnished and placed with the undemanding that the full cost to rite City has been merged with the several prices stated in the "BID'SCHEDULE." 12. 'File 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 2796.100. The City reserves the right to reject any and all bids, waive formalities, or acceptany bid which appears to serve the best interests or the City in accordance with ORS 2796:100. 13. The foegomg prices shall include all labor, materials, equipment, overhead, profit, Insurance, and all other mcldental expenses to cover the finished work of the several hinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown fit words will govern. 14. Upon receipt of written notice or the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bmnls as requited, and deliver required proof of Insurance. The bid security attached to the suns of five percent of the total pricefor 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 liquidnted damages for the delay and additicaal expense to the Owner caused thereby. 15. If the proposed bid price will exceed $501000.00 the undersigned, as bidder, acknowledges tint provisions of ORS 279C.800 279C.870 relating to workers on public works to be paid not less than prevailing rate of wago shall be Included In tile contract, of, In the alternative, if the project is to be finided with federal funds and is sulljeet to the:Davls-Bacon Act (40 U.S.C. §276x) bidder agrees to comply with the Dais-Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: http:/Anvw.oregon.govBOLI/JVH➢ WWiliLl' bd0k.dttFill 16. The undersigned shall furnish bonds required by the specifications and comply with the lairs of the Federal Government, Stile of Oregon and the City of Ashland which are pertinent to construction contracts of flits nature even though such laws may not have been quoted o` referred to In the specifications. 17. Accompanying this Offer Is a certified cheeky cashier's check m• a bid bond, for the sum of ?$160 000 , payable to the City of Ashland, Orcgmn, this being all amount for ten percent (10%) of the total bid based upon the estimate or quantities at the above price according to the OtyofAshland 12 12/2017012 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 ibis Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not - accepted, the bid security accompanying this Offer sball be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, tine Oregon Prevailing Wage law. The undersigned, as'hfdder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating (o workers on public woks to be paid not less than prevailing rate of wage shall be Included in the contract, or in tine alternative, if the project is to be funded with federal funds - aud Is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with tine Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with (he provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(i)(a)(J)j. 19. The midesigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursnmit to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging snmil businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that It may be disqualified foe bidding on this public - improvement project as set forth in OAR 137.049-0370, including but not ihnited to City discovery a 1 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. Tine undersigned agrees that the time of completion shall he defined in the specifications, and I further, the undersigned agrees to initiate and complete tills Project by tine date stated below. • The work shall be commenced within 5 working clays after receipt of the written Notice to Proceed. I • The work shall be completed In oil respects within 50 calendar days following I4 issuance of the Notice to Proceed and shall be completed no later thane March 22-2012. i • The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder wilt 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 furthe store agrees to pay ns liquidated damages, for each calendar day thereafter, the Amounts shown in Standard Conditions, , for each day the project remains incomplete. . 22. The umdersigued 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 understmnds 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, ff appficahle, the license Is current and valid, and the bidder's registration number is stated below. [OAR 137- 049-0200(1)(a)(K)j Bidder understands that failure to have a current LCB license shall result in rejection of this bid. - 24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state ht which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state ChyorAsldend 13 1120M12 during file 12 calendar months immediately, preceding submission of the bid, has a business address in this stale out has stated in the bid flint the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below. • The Bidder is z ur is niol. 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 fn this Contract or the compensation to be paid hereunder and flint no representation, statement or statements, amt or in writing, of the City, its Councilors, Commissioner, officers, agents or employees fund induced him/her to enter into fhis Contract, and the papers made it 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 retain 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, fain and without collusion or fafid 27. The undersigned confirms flint this firm has a Qnotified Drug Testing Program for employees fit place mud will demonstrate this prior to award of contact. (OAR'137-94$0200(1)(c)(D)J 28. The undersigned confirms that If this contract involves nsbestos abatement or rem Vii, the bidder Is licensed tinder ORS 468A.710 for ashestos remova_ 1. Asheslos abatement is not implicated In this contract. 29. The City of Ashland may waive minor infonaailtics, reject tinybid not fn compliance with all prescribed public bidding procedures and requirements, and may reject for good chair any'or i all bids upon a Boding that it is in the public Interestto do so. 30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditioins other than those contained In the Solicitation and Contract documents. 31. The bidder understands flint 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 fipic and date. The City will not mail notice of nddendn bat shelf publish notice of any addenda on City's website and post the notice of addenda at Community Development. www.nsldand.or.us The addenda may be downloaded or picked up at Community :Development, 51 1Vinburn Way, Ashland, Oregon. The bidder must check the website and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have bear a-eviewed.online o• a copy obtained and considered-a5 par( of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER THROUGH :~.HAVE BEEN REVIEWED 32. The bidder understands flint. the City will be awarding the coulmet to the Responsible Bidder with the lowest Responsive Bid: OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible wi11 be deternnltied by 0125 ~279C.375 and the City's completion of the attached Bidder Responsibility Determination r erm. 33. Instructions for Post-Tier Subcontractors Disclosure, Bidders are required to disclose information about certain first-lien subcontractors (those sabcontractos contracting directly wills the bidder) when the contract price esceeds.$75,000 .(see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greaten than or equal to: (f) 5% of the project bid, but at least $15,000, or (u) $350,000 Cityal'Asldand 14' 12n=12 • • :regardless of the percentage, you must disclose thetollowing information about that subcontract I within two working hours ofbid closing: Tliesltheontructor's name and 4ddress; • The subeontractor's. Construction Contractor Board registrationenumber, if one i3required, and; The subconlraef dolloi~ Jaluc: if you Will not be Using 'any sitbeontrue ton ;flint are subject: to the above disclosure rijuireinents;you nrerequlred;to'indicnte"'NONE" on the farm. Failure to submit this forin by the disclosure deadline will result ''-f t.a non-responsive bld.. A. non-responsive bid will not be considered far award. THE CITY MAY REJECT* A, BID. IF THE 'BIDDER FAILS TO SUBMLTTHE DISCLOSURE:FORM WITH THIS INFORMATION WITHIN -T%VO HOURS OF BID CLOSING: - THI3 OOCUA1FNT SMALL NOT, BE FAXED.. IT IS'THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE.FORh W ANY ADDITIONA-L SHEETS BY, THE DEADLINE. SEEANSTRUCTIONS TO BI DERS. The disclosure should be submitted on the First-Tier Subcontractor scl cure Form at ached D'.thls invitation to Bid. 34.. Bidder Information and.Signature AUSLAND BUILDERS INC.,.dba AUSLAND GROUP Finn NamenfBidder :Signal to of Bidder ONAUSLAND. ' . Trinled Name of Bidder PRESIDENT Ofticial Title OREGON 65-1292437 State oflnoorporation - CCB Number t Dated this, 1 OTH day of JANUARY 2013. :Name of Bidder AUSLANDBUILDERS INC.,dbaAUSLANDGROUP Address 3935 HIGHLAND AVENUE, GRANTS PASS OR 97526 - _ - 'Telephone No. 541/476-3788 QtyofAshbnd, IS, 12120/2012. y ~ ♦ ~ l The Plaza In Downtown Ashland Project No. 2012-15 ITEM Sp"~C DESCRIPTION OTY• UNIT AMOUNT N RF.F. BASE BID ~G 1 4434E Constriction Sumv Work 1 LS It 3.6-06 2 015639 Tenroorarv Tree Protection 1 I~ $ 3~"~ 3 03 10 W Concrete Fonnira&Atccssories - 30 20 DO Concrete Reinfomine 03 00 00 Cast-in-place Concrete 321313 Concrete Paving I LS - I C3, L2 6 Q 4 03 43 00 Precast Concrete 1 L5 $ Z . d o o . G 5 129300 Site Furnishings 1 LS I ~ C9 Cell i- 6 312000 Earth Moving 1 Ls R, g oo !.ate Z 32 14 13 Precast Concrete Unit Pnvcrs 1 LS 1 ~ 7-~ 8 32 84 24 Ig3gation 1 LS I 2 3291 1 Soil Preparation I LS s . rpQ 10 32 93 00 I in I LS S 3 zn ALTERNATES I I - Electrical (Tree Uo-Lightingl 1 LS D OVERALL BID TOTAL j pD I CityofAshland 16 17202012 t CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ASHLAND,OREGON First-Tier Subcontractor Disclosure Form Project Nanae: THE PLAZA IN DOWNTOWN ASHLAND ProjmI Number: 2012-13 Date: JANUARY 10, 2013 This form must be submitted at the location specified in the hrvitation to Bid on the advertised closing date and within two hours alter the advertised closing time List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the'category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed (ATTACH ADDITIONAL SHEETS IF NEEDED) SUBCONTRACTOR CATEGORY DOLLAR NAME OF WORK VALUE ~s-r ;ter`; ! s arl 4~/ t f - 3 r 1 Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. i Form submitted by (bidder name): AUHLAND GROUP Contact Name: AARONAUSLAND Phone No: 541/476-3788 City ofAshland 17 12/2012012 CITY REt✓!i' llru" R Page 1/ 1 ASHLAND CITY O F DATE ° - - " PO NUMBER 20 E MAIN ST. 2/5/2013 11427 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 008030 SHIP TO: Ashland Public Works AUSLAND BUILDERS (541) 488-5587 3935 HIGHLAND AVE 51 WINBURN WAY GRANTS PASS, OR 97526 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Scott Fleury Special inst: Confirming? NO a;:Quantity:Unit' - Description - Unit Price- - Ext:.Pii6e Plaza Renovation Project 139,700.00 Public Improvement Contract Effective date: January 16, 2013 Completion date: March 22, 2013 SUBTOTAL 139,700.00: BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 139,700.00 ASHLAND, OR 97520 AccountNuinber, `Project Number. Amount' Account Number Project Number Amount , E 110.01.02.00.60410 E 000294.999 139 700.00 Authorized fifgnature VENDOR COPY FORM#3 CITY OF ir~qzlesst for a € Iirct Mer ~yf ASHLAND REQUISITION Date of request: l'13 13 Required date for delivery: -At> Vendor Name Address, City, State, Zip t 3S Htbr{L15t-ro -4vr~. ¢a -tcs pass G2. -r-?-Szc~ Contact Name & Telephone Number ~oN au5L.4wao at< GAt -4-4x, 3798 Fax Number ~qt _q~ .-Z3r3 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: Invitation to Bid (Copies on file) ❑ Form 913, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: MA~t t Sr 201 1 ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verba[Mritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6,7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ 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 -A-12- AS- V_•F_Aov&_,nCh-4 Xgg pcy ; ~'T rte ~ y r J` ZI,OC~r f x V l Item # Quantity Unit Description of MATERIALS Unit Price H Total Cost c :TOTAL COST, ❑ Per attached quote/proposal coo Z!mt4 .4kg0( Project Numl,i Account Numbr lib 0102- 00 lope` Goo 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 By signing this requisition form, I certify that the City's public contracting requirem n s been sans ed. Employee Signatur Department Head Signature (Equal to greater than $5,000) City Administrator: (Equal to or greater an$25,000) Funds appropriated for current fisc a . ~,o / NO 4_ Z FiFa6eDirector-(Equaltoorgreater an$5,oo0) Date Comments: Form #3 Requisition