HomeMy WebLinkAbout2013-236 Contract - Roxy Ann Rock t'-~ 4 r,r F
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ASHLAND CITY OF ASHLAND
PUBLIC IMPROVEMENT CONTRACT
ENDERS MEMORIAL SHELTER
Project No. 000022.999
This Contract is between the CITY OF A$ITLAND, a municipal corporation of the State of Oregon
(hereinafter "City") and NA ~Of /L (Hereinafter "Contractor"). The City's Project Manager
for this Contract is Sieve F,nnis City ofAshland Ashland Parks and Recreation
WFI EREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not
limited to Invitation to Did, Bid Schedule, Rid forms, laid, Performance and Payment Bonds, as applicable,
Public Improvement Contract, Contract Standard 'terms and Conditions, Conditions, General Provisions,
Technical Specifications, Drawings, and Addenda, more particularly described in Standard Condition 5,
(hereinafter referred to as "Contract Documents") for its project entitled "Enders Memorial Sheller" and
WI IEREAS, Contractor did on the jsrday ofJ I~ 2013, file with City a bid to famish 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 staled and set forth in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and
conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances
and perform said work, together with the manner and time of famishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as
follows:
1. Recitals.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on the date at which every party has signed this contract. The work under this
contract shall, unless otherwise terminated or extended, be completed on or before 60 calendar days
following Contractor's receipt of the Notice to Proceed.
3. Statement of Work
The work under this contract is for Enders Memorial Shelter and more fully described in the Contract
Documents, incorporated herein and made a part hereof by this reference. The statement of work, including
the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges
receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges
Contractor has read and fully understands the Contract Documents, and understands that in signing this
Agreement contractor waives all rights to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and
famish 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 Enders Memorial Shelter Project for the City of Ashland, Oregon, as shown in the Contract Documents.
Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of
permit fees, license fees and royalties necessary or incident to performance of the work on this contract.
The risk of loss for such work shall not shift to the City until written acceptance of the work by the City.
Enders Memorial Shelter 19
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4. Consideration
a. City agrees to ay CgVtractor, at the times and in the manner provided in the Contract Documents, a
sum of & 17 3 for accomplishing the work required by this contract,
including allowable expenses. This sum cannot be modified except by Change Order approved in
writing by City. Any progress payments to Contractor shall be made only in accordance with the
schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this contract
during the current fiscal year. Contractor understands and agrees that City's payment of amounts under
this contract attributable to work performed after the last day of the current fiscal year is contingent on
City appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the event
City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor,
with no further liability to Contractor.
CONTRACTOOR~~ DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print): p TDI"q fWU -7 I c-o d
Contact Name: Wes /,J0 ✓f'D AJ Phone: Fax "
Address PO156K'4Yn WIPQI`nrn pR
Do Not Write Federal and State Tux ID Numbers on this Agreement One copy of W-9 is to be submitted
with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License onstmction Contractors Board # Citizenship: Nonresident alien
-*-Yes \ /-'No
Business Designation (check one): Individual Sole Proprietorship
-Partnership -Corporation Government/Nonprofit
'Me above information must be provided prior to contract approval. Payment information will be reported
to the Internal Revenue Service (IRS) tinder the name and taxpayer I.D. number provided above. (See IRS
1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records
could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts
(Exhibit A) together with Exhibits B through J 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; 1 hereby certify,
under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CC13
Registration Requirements] are true and correct, and further I certify that I am an independent contractor as
defined in ORS 670.600.
Enders Memorial Shelter 20
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4. Consideration
A. City agrees to pay Contractor, at the times and in the manner provided' in the Contract Documents, a -
sum of:/4q-sr y.~tt.aJ 7wwxAw z , foyy c ~nplisbing the work required by this contract,
including ~e(Iroea aexpenses. ms o Ue modified except by Change Order approved in
writing by City. Any progress payments to Contractor shall be made only in accordance with the
schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this contract
during the current fiscal year. Contractor understands and agrees that City's payment of amounts under
this contract attributable to work performed after the last day of the current fiscal year is contingent on
City appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the event
City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor,
with no further liability to Contractor. -
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print): W No~m.y DoLf .~OtGy /~~'/✓.eeuC
Contact Name: V/b's Phone: (46 Yl Lo/-7y~i Fax: +SH/-S~f-G06i~
Address lod) Z ,r. 'Y l14'f ~FORb ~e • 97.3.0/
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy ofW-9is to be submitted
with the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License # QL -0073 99 Construction Contractors Board # /9-EOSy
Citizenship: Nonresident allot _ Yes No
Business Designation (check one): Individual Sole Proprietorship
Partnership -Corporation _ Govemment/Nonprofit
The above information must be provided prior to contract approval. Payment information will be reported
to the Internal Revenue Service (IRS) under thename and taxpayer I.D. number provided above. (See IRS
1099 for additional instructions regarding taxpayer ID numbers.). Information not matching IRS records
could subject you to 31 percent backup withholding.
1, 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 desmlostidn -
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 ere an integral pan 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 mum, pay any tax, or properly contest a tax, pursuant to ORS 305.385;1 hereby certify, .
under penalty of perjury and false swearing, that 11my business ads 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 one and correct, and further I certify that I am an independent contractor as
defined in ORS 670.600.
Enders Memorial Shelter 20
Signed by Contractor:
Signature/Title Date '
Printed Name: W S O~Ur IO>~
NOT/CE TO CONTRACTOR: This contract does not bind the City ojAshland unless and until it has been
executed by the Public Contracting Officer or designee as well as City Finance and Legal Department
representatives.
CITY OF ASHLAND SIGNATURE
Approve
G~2L ~ 3
Directo f Ashland Parks and Recreation, City of Ashland Date
- Authorized by Ordin ce 3013 and Delegation Order dated,
m
C ury Aam i.J's iYZ4-tD(i~ 'I 1"S1.3
RlAtto Ci y (approved as to legal form) Date
ATTACHMENTS: Certificate of Representation
Exhibit A, Std. Conditions
Exhibit B, Rid Schedule
Exhibit C, Insurance requirements
Enders Memorial Shelter 21
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is wailing 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
(e) The work under the Contract shall be performed in accordance with the highest professional standards,
and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also
certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a
corporation authorized to act on behalf of the entity designated above and authorized to do business in
Oregon or is an independent contractor as defined in the contract documents, and has checked four or more
of the following criteria:
(1) 1 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.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence
listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of
one year.
(6) 1 assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties;, croars and
omission insurance or liability insurance relating to the labor or services to be provided.
Contractor Date
Enders Memorial Shelter 22
EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
1. Contractor is Independent Contractor
a. Contractor shall perform the work required by this contract as an independent contractor. Although
the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery
schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the
City cannot and will not control the means or manner of the Contractor's performance. The Contractor is
responsible for determining the appropriate means and manner of performing the work.
b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the
federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of
ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D.
C. Contractor will be responsible for any federal or state taxes applicable to any compensation or
payment paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public
Employees' Retirement System, or workers' compensation benefits from compensation or payments to
Contractor under this Contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this Contract, or assign, sell, dispose of, or
transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part,
without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of
any of the obligations under the Contract Any assignee or transferee shall be considered the agent of the
contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an
assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the
Contractor and its Surely, if any, shall remain liable to the City for complete performance of the Contract as
if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in
writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from
any obligations of the Contract with City. Contractor will provide in all subcontract agreements that the
Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this
Contract to the extent that they relate to the Subcontractors work, material or equipment. All Subcontracts
are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this
Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors
are employed in the performance of this contract, the Contractor and its subcontractors are subject to the
requirements and sanction of ORS Chapter 656, Workers' Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms.
Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to
third persons unless such third persons are individually identified by name herein and expressly described as
intended beneficiaries of the terms of this contract.
Enders Memorial Shelter 23
4. Successors in Interest
The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and
their respective successors and approved assigns, if any.
5. Contract Documents
The Contract Documents, which comprise the entire Contract between the City and Contractor, include all _
sections or parts of the bid package however denominated, including all documents and plans attached or
referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure
Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits
thereto, performance Bond, Payment Bond, Special Provisions, Plans entitled "Enders Memorial Shelter", -
Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated
herein by this reference, together with the Prevailing Wane (BOLI) ifayplicable AND any other sewrole/v
bound reference, Oregon 2008 Standard Specifications for Construction, and City of Ashland Addenda,
incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents,
or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and
incorporated herein, where applicable, as if fully set forth herein.
6. Contractor's Representations
By executing this Contract, the Contractor hereby certifies that the representations made by the Contractor
in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein
by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts,
errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written
resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally
sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the
project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees
that includes, at a minimum, the following:
I. A written employee drug-testing policy,
ii. Required drug testing for all new Subject Employees or alternatively, required
testing of all Subject Employees every 12 months on a random selection basis, and
iii. Required testing of a Subject Employee when the Contractor has reasonable cause
to believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee
Drug-testing Program" For the purposes of this section, an employee is a "Subject Employee" only if that
employee will be working on the Public Improvement projectjob site.
C. By executing and returning this Contract the Contractor certifies, represents and warrants to the City
that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full
force and effect for the duration of this Contract, and that Contractor will comply with the provisions of
subsection (d) below. Further, the City's performance obligation (which includes, without limitation, the
City's obligation to make payment) is contingent on Contractors compliance with this representation and
warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for
the subcontractors Subject Employees, and represent and warrant to the Contractor that the
Enders Memorial Shelter 24
Qualifying Employee Drug-testing Program is in place at the time of subcontract execution
and will continue in full force and effect for the duration of the subcontract; or
ii. Require that the subcontractors Subject Employees participate in the Contractors
Qualifying Employee Drug-testing Program for the duration of the subcontract.
8. Notice to Proceed
Written Notice to Proceed will be given by the City after the Contract has been executed and the
Performance Bond, Payment Bond, and all required insurance documents approved. Notice To Proceed
shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date.
Reasonable delay may be occasioned by the need to obtain necessary permits or casements or utility
relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the
written Notice To Procced. Contractor is not to commence work under the Contract prior to such written
notice. A written notice to proceed is expected to be issued no sooner than Monday, June 17, 2013.
9. Suspension of the Work
The City, and its authorized representatives, may suspend portions or all of the project work due to causes
including, but not limited to:
a. Failure of the Contractor to correct unsafe conditions;
b. Failure of the Contractor to tarty out any provision of the Contract;
C. Failure of the Contractor to carry out orders;
d. Conditions, in the opinion of the City, which are unsuitable for performing the project work;
e. Allowance of time required to investigate differing site conditions;
I. Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if
the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to
subsection (Q, the Contractor is entitled to a reasonable extension of the contract time and reasonable
compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead
with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue
or other economic loss arising out of or resulting from such termination. The foregoing provision .
concerning compensation in the event of a suspension of Work of this Contract shall not apply if such
suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes,
ordinances, rules or regulations, or as a result.of any violation by the Contractor of the terms of this
Contract, including a determination by the City that the Contractor has not progressed satisfactorily with the
Work in accordance with specifications.
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason
deemed appropriate in its sole discretion.
C. The City may terminate this Contract, in whole or in part, at any time for any reason considered by
the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the
Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public
convenience.
Enders Memorial Shelter 25
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the
Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the
other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely
cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at
any time thereafter by giving a written notice of termination.
11. Payment on Early Termination
a. If this Contract is terminated under 10(a),(b), or (c), the City shall pay the Contractor for work
performed in accordance with the Contract prior to the termination date.
b. If this Contract is temtimued under 10(d), by the Contractor due to a breach by the City, then the
City shall pay the Contractor as provided in subsection (a) of this section.
C. If this Contract is terminated under 10(d), by the City due to a breach by the Contractor, then the
City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs,
as provided for in Section 12, Remedies.
12. Remedies
In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may
complete the work either itself, by agreement with another contractor, or by a combination thereof. In the
event the cost of completing the work exceeds the remaining unpaid balance of the total compensation
provided under this Contract, then the Contractor shall pay to the City the amount of the reasonable excess.
After notice of termination under paragraph 10(c), the Contractor and the Contractors surety shall provide
the City with immediate and peaceful possession of the Project site and premises, and materials located on
and off the Project site and premises for which the Contractor received progress payment. In no
circumstances shall Contractor be entitled to lost profits due to termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be
exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to
termination of the Contract and receipt of payment as provided in Section I I (b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books,
documents, papers and records of Contractor which relate to this Contract for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment. Copies or applicable
records shall be made available upon request. Payment for cost of copies is reimbursable by the City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to background '
data, documentation and staff work that is preliminary to final reports, are the property of City. Draft
documents and preliminary work submitted to the City for review and comment shall not be considered as
owned, used or retained by the City until the final document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and
all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the
Contractor shall be noted as such and shall not be considered as a work product of this Contract. All such
work products shall be considered "works made for hire" under the provisions of the United States
Copyright Act and all other equivalent laws.
F,nders Memorial Shelter 26
Use of any work product of the Contractor by the City for any purpose other than the use intended by this
Contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written
consent of the City. All documents or other materials submitted to City by Contractor shall become the sole
and exclusive property of City. Such materials arc subject to Oregon Public Records laws.
15. Compliance with Applicable Law
Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and
local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting
laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-
C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530,
279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this
reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and
Disclosure); ORS 279A.010(p), 279A. 120, 279C.375, and 279C.380(4), (Award of Contract and Bond);
ORS 279A. 110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier
Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours);
ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565
(Relainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) OAS 279A.125
(Recyclable Products) are all incorporated into this contract by this reference as though set forth in full.
Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the
DAV IS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil
Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; lie) the Americans with Disabilities
Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those
laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues,
rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws.
A condition or clause required by law to be in this contract shall be considered included and incorporated
into the Contract and made a part hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or
licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and,
further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work)
will be licensed.with the Construction Contractors Board or licensed by the Slate Landscape Contractor's
Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the
Contract.
17. Prevailing Wages/ BOLT Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS
279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not
less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for
and to each and every worker who may be employed in and about the performance of the Contract. In
accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of
the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting
for the whole or any part of the work on the Contract shall be paid not less than the applicable state or
federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule
and federal wage rate schedule, if applicable, can be found at the following website: www.oreeon.gov/holi.
When both federal and state prevailing wages are required to be included in the contract specifications, the
City shall also include in the specifications information showing which prevailing rate of wage is higher for
workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of
Labor and Industries under ORS 279C.815 (2)(c).
b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's
Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH
PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that
tinders Memorial Shelter 27
may be paid to workers in each trade or occupation required, in the forth of a BOLI document, is included in
the Contract and bid documents and made a part hereof by this reference. For public works for which the
contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly
rate or wage. [ORS 279C.830(I
C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries
pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall
be paid on or before the first progress payment or 60 days from the date work first begins on the Contract,
or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the
Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street 432,
Portland, Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public
works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as
required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the
project. [ORS 279C.830(2)] 'Fire bond must provide that the contractor or subcontractor will pay claims -
ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The
bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be
payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect
continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond.
Contractor shall verify that subcontractors have complied with this requirement prior to permitting the
subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall
supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and
Hour Division, Bureau of Labor and Industries (BOLL), 800 NE Oregon 432, Portland, Oregon 97232 a
certified statement in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40
hours in any one week, except in cases of necessity, emergency or when the public policy absolutely
requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid
at least time and a half pay:
(a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of
this section and from ORS 279C.520 and ORS 279C.540. '
(d) When labor is employed by the City through another as a contractor, any worker employed by the
contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a
claim for payment is filed with the contractor within 90 days from the completion of the contract, providing
the Contractor has:
(1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to
be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is
readily available and freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the Contract
on which workers are or have been employed.
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(e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by
posting, of the number of hours and days per week the employees may be required to work.
[279C.520(2)(5)]
19. Medical Care and Workers Compensation [ORS 279C.530]
(1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co-
partnership, association or corporation furnishing medical, surgical and hospital care services or other
needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that
the contractor agrees to pay for the services and all moneys and sums that the contractor collected or
deducted from the wages of employees under any law, contract or agreement for the purpose of providing or
paying for the services.
(2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers
who work under (his Contract in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers Compensation coverage unless such employers are exempt under ORS 656.126.
Contractor shall ensure that each of its subcontractors complies with these requirements.
20. Retainage
The withholding of relainage by a contractor or subcontractor on public improvement contracts shall be in
accordance with ORS 701.420 and 701.430. [279C.555[ "Retainage" means the difference between the
amount earned by a contractor on a public improvement contract and the amount paid on the Contract by
the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a)
retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the
election of the contractor, paid to the contractor in accordance with the two options below:
• The contractor may deposit bonds, securities, or other instruments with the City or in any bank or
trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In
such event the City shall reduce the relainage in an amount equal to the value of the bonds,
securities or instruments. and pay the amount of the reduction to the contractor in accordance with
ORS 2790.570. Interest on the bonds or securities shall accrue to the contractor. ]or)
• If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing
account in a bank, savings bank, trust company or savings association for the benefit of the City.
Famings on the account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS
279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment.
As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all
accrued costs. Bonds and securities deposited or acquired in lieu of relainage, as permitted above, shall be
of a character approved by the City Attorney and City Finance Director, including but not limited to:
(a) Rills, certificates, notes or bonds of the United States.
(b) Other obligations of the United States or its agencies. -
(c) Obligations of any corporation wholly owned by the federal government.
(d) Indebtedness of the Federal National Mortgage Association.
(e) General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically
associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of
the amount of funds retained, or to be retained, by the City in a forth acceptable to the City. The bond and
any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as
set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce
the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the
contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in
lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the
Fnders Memorial Shelter 29
contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of
the bond and pay the amount of the reduction to the subcontractor or
supplier. (279C.5601 .
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices
bid, and those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and submit to
the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor
and City. These estimates shall include value of labor performed and materials incorporated in the work
since commencing work under the Contract. Such estimates need not be made by strict measurements and
may be approximate only, and shall be based upon the whole amount of money that will become due
according to terms of the Contract when Project has been completed. 'the City may include in payments
eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the
Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a
payment shall be conditioned upon submission by the Contractor of bills of sale or such other
documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or
otherwise protect the City's interest including applicable insurance and transportation to the site, and a
statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When
such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment
covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt
of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances.
Notwithstanding the above, when the progress estimate indicates that the progress payment would be less
than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless
approved by the City.
C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall
prepare an itemized cost breakdown relating thereto and have the City approve same before commencing
work; progress estimates based on said itemized cost breakdown may be the basis for progress payments.
. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true
costs of the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making
progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent
actual relative costs of different parts of work, a percentage of the Unit Price may be used in making
progress estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due to
Contractor's operations including without limitation, claims from any City Department or other
governmental agency, an amount equal to the claim may be withheld from the progress payments, final
payments or retainage until such claim has been resolved to the satisfaction of City.
f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by
the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work
performed, whichever is the earlier date. Failure to pay progress payments within the limeframe set forth
above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper
invoices will be addressed as set forth in ORS 279C.570(4)(5)(6).
g. Payment will be issued by City for the amount of the approved estimate, less five percent (501.)
retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such
amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as
part of the final payment of the Contract amount. Upon Substantial Completion of the work under the
Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the
work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred
Enders Memorial Shelter 30
percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work
remaining to be done. [279C.570(7)]
It. The City may decline to approve an application for payment and may withhold such approval if, in
the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's
submittal. The City may also decline to approve an application for payment or may reduce said payment or,
because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any
part of any payment previously made to such extent as may be necessary in their opinion to protect the City
from loss because of: (1) defective work not remedied, (2) third party claims filed or failure of the
Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety
consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the
Contract sum, (4) damage to another contractors work, (5) reasonable indication that the work will not be
completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims
against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said
construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above
have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them.
Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the
Contractor to interest on such withheld payments or partial payments, except as provided in. ORS
279C.570(9).
1. If Contractor fails to complete the Project within the time limit fixed in the Contract or any
extension, no further estimate may be accepted or progress or other payments allowed until the Project is
completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining
progress payments and are not to be relied on for any other purpose. A progress payment is not considered
acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion
of the work is considered substantially complete. If it appears to the City that the work is not substantially
complete, the City shall not make an inspection. The City may make a general list of major work
components remaining. If it appears that the work is substantially complete, the City shall, within fifteen
(15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work
yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F.
Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible
for operation and maintenance of that part of the work described in the Certificate of Substantial
Completion, subject to the warranty requirements and protection of the work and all other applicable terms
of the contract documents. The date of substantial completion of all the work shall stop the accrual of
liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete.
If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The
City may make a general list of major work components remaining. If it appears that the work is 100%
complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either
accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final
Completion shall not be prepared until all provisions of the Contract have been met, including but not
limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed
"Release of Liens and Claims."(Exhibit II).
b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of
Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final
pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise
provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the
Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the
work and the start date of the warranty period. The contractor may substitute a Warranty Bond in
replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include
Fnders Memorial Shelter 31
in the final pay estimate an addition to the contract amount for any contract deduction from the contract
amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount -
for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's
failure to meet any contract provision or specification other than timely completion.
C. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by
the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the
City's final pay estimate, an itemized statement of any and all claims for additional compensation under the
Contract which are based on differences in measurements or errors of computation. Any such claim not so
submitted and supported by an itemized statement within said period is expressly waived and the City shall
not be obligated to pay the same.
d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any
additional compensation arising from errors of computation in the final estimate within a period of one (1)
year following the original mailing of the City's final estimate and Certificate of Final Completion to the
Contractors last known address as shown in the records of City. The City's issuance of a revised final
estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or
proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final
Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be
conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any
and all claims for compensation and any and all causes of suit or action for the enforcement thereof that
Contractor might have had.
C. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will
submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and
acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract
including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30
days shall implicate the interest on final payment/ retainage requirements of ORS 2790.570(8).
f Monies earned by the Contractor are not due and payable until the procedures set forth in the
contract documents for inspection, approval and acceptance of the work; for determination of the work done -
and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion
and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for
the preparing of a revised final estimate and Certificate of Final Completion and processing same for
payment all have been carved out.
9- As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in
the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS
279A. 120(3) has been satisfied.
It. If City declares a default of the Contract, and Surety completes said Contract, all payments made
after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in
accordance with the terms of the Contract.
i. ' Acceptance by Contractor of final payment shall release City from any and all claims by Contractor
whether known or unknown, arising out of and relating to the work. No paymem, however, final or
otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in
the performance of the Contract.
j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of
ORS 279.570(9).
23. Change Orders / Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and
Enders Memorial Shelter 32
requirements, including any change orders. A change order submitted by the City must be agreed upon by
the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any
additional work in any manner the City may choose. A decision by the City to proceed to have work done
by another party shall in no way relieve either the Contractor or City of this Contract and neither will such
action be cause for collection of damages by either party to the contract, one from the other. Only the City
designated Contracting Officer or individual with delegated contracting authority can authorize extra
(and/or changed) work and compensation. Such authorization must be in writing. The parties expressly
recognize that, except when such order is in writing by an individual with delegated authority, City
personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or
authorize additional compensation. Failure of the Contractor to secure City authorization for extra work
shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time
due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation
whatsoever for the performance of such work. Contractor further expressly waives any and all right or
remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor
without express and prior authorization of the City.
24. Contractor/Subcontractor Payment Obligations
a. The Contractor is required to include in each subcontract for property or services entered into by the
Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this
Contract:
i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for
satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the
Contractor by the City under such contract; [279C.580(3)(a)] and
ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30
days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on
amounts due in the case of each payment not made in accordance with the payment clause included in the
subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated
to pay an interest penalty if the only reason that the contractor or fast-tier subcontractor did not make
payment when payment was due is that the contractor or first-tier subcontractor did not receive payment
from the City or contractor when payment was due. The interest penalty shall be:
A. For the period beginning on the day after the required payment date and ending on the
date on which payment of the amount is due made; and
B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of
performance of such contract condition, a provision requiring the first-tier subcontractor to include a
payment clause and an interest penalty clause conforming to the standards of section a. above in each of its
subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each
lower-tier subcontractor or supplier. [279C.580(4)]
C. The Contractor shall not request payment of any amount withheld or retained in accordance with
ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the
subcontractor is entitled to the payment of such amount. [279C.570(1)].
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penally under a clause included in the subcontract
pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a
party. The City shall not be included as a party in any administrative orjudicial proceeding involving such
a dispute. [279C.580(2)]
Enders Memorial Shelter 33
C. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor
labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)]' The
Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State
Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of
the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or
prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on
account of any labor or material furnished. [ORS 279C.505(I)(c)] The Contractor shall pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS
279C.505(1)(d)]
f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection
with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim
and charge the amount of the payment against funds due or to become due Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to
make payment to a person furnishing labor or materials in connection with the public improvement Contract
within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-
tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the
10-day period that payment is due under ORS 2790.580 (4) and ending upon final payment, unless payment
is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor
or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial
paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the dale
that is 30 days after the date when payment was received from the contracting agency or from the
contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. _
h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract, the -
person may file a complaint with the Construction Contractors Board, unless payment is subject to a good
faith dispute as defined in ORS 279C.580.
i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not
relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims.
j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying
prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by
paying a living wage, as defined in this chapter, to all employees performing work under this contract and to
any subcontractor who perfornis 50% or more of the work under this contract. Contractor must post the
attached Living Wage Notice predominantly in areas where it will be seen by all employees..
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The
Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial
financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public
Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in
proving in alegal or other dispute resolution preceding the actual loss suffered by City if the project work is
not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as
liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars
per day ($500.00/day) for each and. every day that elapses in excess of the contract time or the final adjusted
tinders Memorial Shelter 34
contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the
completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become due to
the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from
obligations in respect to the fulfillment of the entire Contract, nor shall the payment of such liquidated
damages constitute a waiver of the City's right to collect any additional damages which may be sustained by
failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the
project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no
way operate as a waiver on the part of the City or any of its rights under this Contract. The City may in its
discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work
has been unavoidably delayed by conditions beyond the control of the parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and
standards as well as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold
harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, -
claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at
both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any
person or entity arising from, during or in connection with the performance of the work, actions or failure to
perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under
this Contract, including the professional negligent acts, errors, or omissions of Contractor or its officers,
employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and
its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and
damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and
employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c)
accidents, or (d) any other cause whatsoever. The Contmclor shall assume this responsibility even if (a)
fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract
is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all
statutory or common law rights of defense and indemnification by the City. Such indemnification shall also
cover claims brought against City under slate or federal workers compensation laws. Contractor shall also
defend and indemnify City from all loss or damage that may result from Contractor's wrongful or
unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as
may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of
the general liability or duty imposed upon the Contractor by this section. In the event any such action or
claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City,
defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the
City or to the City and the Contractorjointly, and reimburse the City for any loss, cost, damage, or expense,
including attorney fees, suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as
described in Exhibit C. All costs for such insurance shall be home by the Contractor and shall be included
in the contract price. In case of the breach of any provision of this section, the City may elect to take out
and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may
deduct the cost of such insurance from any monies that may be due or become due the Contractor under this
Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract.
Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and
before Contractor or any subcontractor commences work under this Contract. The certificate shall show the
name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration
finders Memorial Shelter 35
dates and a description of operations covered. The certificate will include the deductible or retention level
and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested,
topics of insurance policies shall be provided to the City. Contractor shall be responsible for all
deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds / Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall famish: (1) Perfo rnance Bond and (2)
x' Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount
of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in
accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and
effect until compliance with and fulfillment of all terms and provisions of the Contract, including the
obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor
and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval
by the City.
Contractor shall famish a separate warranty bond written by a corporate surety or other financial assurance,
in an amount equal to 10% of the final amount of the Contract. The City may peril the warranty amount
to be included in the initial performance and payment bonds. The warranty bond or other financial .
assurance shall be in effect for a period of one year from the date of Final Completion. The City may
require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty
obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the
date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or
hand delivered no later than 120 days after the day the person last provided labor or famished materials or
120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and
Industries last provided labor. The notice may be sent or delivered to the contractor at any place the
contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding
the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice
required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor
or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. One-Year Warranty
a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall
make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to
the City, any and all defects, breaks, or failures of the work occurring within one year following the date of
completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other
improvements under, within, or adjacent to the work, whether or not caused by settling, washing or
1 slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in
performing its duties and obligations under this Contract when such defects or damage occur within the
warranty period. The one-year warranty period shall, with relation to such required repair, be extended one
year from the date of completion of such repair.
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section,
City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all
expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss
or damage, repairs may be made without notice being given to Contractor and Contractor or Surely shall
pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or
Surety from liability and payment of all such costs.
31. Nondiscrimination in Labor
Tinders Memorial Shelter 36
No person shall be subject to discrimination in the receipt of the benefits of any services or activities made
possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age,
sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity
Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment
practices and discrimination by employers against any employee or applicant for employment because of
race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older.
Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any
- employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is
18 years or older or because of the race, religion, color, sex, national origin or age of any other person with
whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS
419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from
employment such individual or to discriminate against such individual in compensation or in terms,
conditions or privileges of employment. Any violation of this provision shall be considered a material
violation or the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in
part.(q).
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the
contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste
material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted
ordinances or regulations dealing with the prevention of environmental pollution and the preservation of
natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Army Corps of Project Managers
Energy, Department of _
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Depamnent of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Enders Memorial Shelter 37
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
Consumer & Business Services, Department of
Oregon Occupational Safety & Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
I fi man Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
Slate Project Manager
Slate Land Board (Lands, Division of State)
Water Resources Department
Local Agencies:
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing
ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the
amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental
pollution and the preservation of natural resources occurring after the submission of the successful bid, the
City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City:
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference to known conditions at the construction site that may
require the successful bidder to comply with the ordinances, rates or regulations identified above. If
Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful
bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires
compliance with the ordinances, rules or regulations enacted by the governmental entities identified above,
the successful bidder shall immediately give notice of the condition to the contracting agency. Except in
the case of an emergency and except as may otherwise be required by any environmental or natural resource
ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs
Enders Memorial Shelter 38
in regard to the condition encountered and described in subsection (3) of this section without written
direction from the contracting agency. Upon request by the City, the Contractor shall estimate the
emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the
encountered condition. This cost estimate shall be promptly delivered to the contracting agency for
resolution. Within a reasonable period of time following delivery of an estimate of this section, the City
may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(0 Issue the contractor a change order setting forth the additional work that must be undertaken.
If the City chooses to terminate the contract under either subsection (a) of this section, the Contractor shall
be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable
profits, on the percentage of the work completed. The City shall have access to the contractor's bid
documents when making the contracting agency's determination of the additional compensation due to the
contractor. If the contracting agency causes work to be done by another contractor under either subsection
(c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor.
The change order under either subsection (f) of this section shall include the appropriate extension of
contract time and compensate the contractor for all additional costs, including overhead and reasonable
profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or
regulations. The City shall have access to the contractor's bid documents when making the contracting
agency's determination of the additional compensation due to the contractor.
Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural
resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation
documents.
34. Waiver
The failure of the City to enforce any provision of this Contract shall not constitute a waiver by the City of
that or any other provision. City shall not be precluded or estopped by any measurement, estimate or
certificate made either before or after completion and acceptance of work or payment therefore, from
showing the true amount and character of work performed and materials furnished by the Contractor, or
from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work
or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding
any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from
the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with
terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by
any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor
any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of
any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A
waiver of any breach of the Contract shall not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work
required under this contract without undue delays and without additional cost.
36. Governing Law
'the provisions of this Contract shall be construed in accordance with the laws of the State of Oregon and
ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this
Contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought
Enders Memorial Shelter 39
in a federal foram, then it shall be brought and conducted in the United States District Court for the District
of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in
personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of
any forth of defense or immunity.
37. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the contract did not contain the particular
term or provision held invalid.
38. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to
recover from the other party, in addition to costs and disbursements provided by statute, any sum which a
court, including any appellate court, may adjudge reasonable as attorney's fees.
39. Business License
The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to
beginning work under this contract. The Contractor shall provide a business license number in the space
provided in this contract.
40. NoticcsBiIWPayments
All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail.
Notices, bills, and payments sent by mail should be addressed as follows:
City: Steve Ennis, Project Manager
Steve Ennis Architect
P.O. Box 4051, 2870 Nansen Drive
Medford, OR 97501
541-618-9155
steveemisguci.net
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In
all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to
be given by giving notice pursuant to this paragraph.
41. Conflict of Interest -
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of its services. The Contractor further
covenants that in the performance of this contract no person having any such interest shall be employed.
42. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF
THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
Enders Memorial Shelter 40
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE,
CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND -
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Enders Memorial Shelter 41
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Enders Memorial Shelter ~11
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ATTACHMENTS: EXHIBITS B-J
EXIIIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
EXHIBIT C INSURANCE REQUIREMENTS
EXIIIBIT D INDEPENDENT CONTRACTOR CERTIFICATION
EXHIBIT E BONDS (BID, PAYMENT AND PERFORMANCE)
EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT G CERTIFICATE OF COMPLIANCE
EXIIIBIT H RELEASE OF LIENS AND CLAIMS
EXIIIBIT 1 CERTIFICATE OF FINAL COMPLETION
EXHIBITJ INSTRUCTIONSTO BIDDERS
Enders Memorial Shelter 43
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EXHIBIT B r w
COMPLIANCE WITH APPLICABLE LAW 111 I'~ ` rryr o-
PUBLIC IMPROVEMENT CONTRACT .k~
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This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through -
and including 279C.800 and is available through the City Project Managering Office at 51 Winbum Way,
Ashland, Oregon or online at "w"OeR.state.orms/ors
a
e~
Enders Memorial Shelter 44 -
EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent Please provide Certificates of Insurance to the Project Manager. During the term
of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without
prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in
force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor
and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon
shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies
with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less
than ■ $1,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property
damage. It shall include coverage for broad form contractual liability; broad form property damage;
personal and advertising injury; owners and contractor protective; premises/operations; and
products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion
hazards. Aggregate limits shall apply on a per-project basis.
■ Required by City ❑ Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less
than ■ $1,000,000 or ❑ $3,000,000 for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated.
■ Required by City ❑ Not required by City
O Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the
value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall
also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and
(5) supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance covemge(s) without 30 days written notice from the Contractor or its
insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of
insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to
be provided under this contract. This coverage shall be by endorsement physically attached to the certificate
of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractot's failure to provide workers' compensation and employers liability coverage.
Certificates of Insurance. Contractor shall famish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required endorsements.
Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall
be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or
self-insurance.
Enders Memorial Shelter 45
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION,
OR INDEPENDENT CONTRACTOR
LCONTRACTOR IS A CORPORATION i
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and
certify under penalty of perjury that it is a corporation.
Entity Signature Date
13. CONTRACTOR:IS INDEPENDENT.
Independent Contractor Standards. As used in various provisions of ORS Chapters including but not
limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for
remuneration shall be considered to perform the labor or services as an "independent contractor" if the
standards of ORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional occupation
licenses required by state law or local ordinances. .
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a
periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
(Check four or more of the following:)
A. The labor or services are primarily carried out at a location that is separate from Contractors
residence or is primarily carried out in a specific portion of Contractors residence, which is set
aside as the location of the business.
B. Commercial advertising or business cards are purchased for the business, or Contractor has
a trade association membership.
C. Telephone listing is used for the business that is separate from the personal residence listing.
D. Labor or services are performed only pursuant to written contracts.
E. Labor or services are performed for two or more different persons within a period of one
year.
F. Contractor assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Enders Memorial Shelter 46
If any action is taken by a person or enforcement agency relating to Contractor's independent
contractor status in connection with this contract, Contractor shall defend, hold harmless and
indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers
and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor ,
shall pay any additional costs incurred by the City in defending such action or incurred as a
result of such action. This indemnification is in addition to any indemnification otherwise in this
agreement.
Contractor Signature Date
Project Manager Signature Dale
Enders Memorial Shelter 47
EXHIBIT E
BONDS
CITY OF ASHLAND
STANDARD PUBLIC IMPROVEMENT CONTRACT
BID BOND
We, a corporation or partnership duly
organized under the laws of the Stale of and authorized to transact business in the State
of Oregon, as "PRINCIPAL," and,
we, a corporation or partnership duly
organized under the laws of the State of and authorized to transact business in the State
of Oregon, as "SURETY,"
hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and
assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBIACEE) the sum of
is
)
Dollars.
The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice
to Contractors and Invitation to Bid, submitted its Offer for the Enders Memorial Sheller, which Offer is
incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid
security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365
and the City's public contracting rules and contract documents.
NOW "THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to
the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such
good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents
within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall
remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish
the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surely bond
sum as liquidated damages within ten (10) days of such failure.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly
authorized legal representatives this day of , 20.
Surety Principal -
Address Address
By: By:
Attorney -in-Fact
[A certified copy of the Agent's Power of Attorney must be attached hereto.]
IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the Slate of Oregon.
Enders Memorial Shelter 48
PERFORMANCE BOND
The undersigned
as principal, further referred to in this bond as Contractor, and
as surety, further referred to in this bond as Surety. are iointly and
severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of
Dollars 1.
Contractor and City have entered into a written contract dated
. for the following proiecC Enders Memorial Shelter. 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:
I. If Contractor faithfully performs the Contract in accordance with the plans, specifications
and conditions of the contract within the time prescribed by the Contract. as required by
ORS 279C. 380 through 279C.385, then this obligation is null and void: otherwise it shall
remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default perform all of Contractor's obligations under the contract in
accordance with its terms and conditions and Day to City all damages that are due under the
Contract. '
3. This bond is subiect to claims under ORS. 279C.380 through 279C.390..
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:
Bond Agent:
Address:
Telephone:
SIGNED this day of 20
PERFORMANCE BOND Page 2
WITNESS: CONTRACTOR:
By:
Enders Memorial Shelter 49
(Corporate Seal) Title:
Legal Address: - -
Attest
Corporate Secretary
WITNESS:
SURETY:
(Corporate Seal) By.
Title:
Legal Address:
Attest:
Corporate Secretary
Enders Memorial Shelter 50
PAYMENT BOND
The undersigned
as principal, further referred to in this bond as Contractor, and
. 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 Citv in the sum of
Dollars )
Contractor and City have entered into a written contract dated
for the following project Enders Memorial Shelter. 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 am:
1. 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: otherwise it shall remain in full force and effect
2. If Contractor is declared by City to be in default under the Contract the Surety shall Promptly
remedy the default, perform all of Contractor's obligations under the contract in accordance
with its terms 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:
Bond Agent:
Address:
Telephone:
SIGNED this day of 20
Enders Memorial Shelter 51
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PAYMENT BOND Pape 2 p.:,r "tu
WITNESS:
CONTRACTOR:
s
By: i@Yo~
(Corporate Seal) Title:
Legal Address:
Attest: - - -
Corporate Secretary
WITNESS:
SURETY: -
By:
(Corporate Sea])
Title: r`
Legal Address: t
"
tk
Attest:
Corporate Secretary
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Wes Norton
DDA: Box. Ann Rock
PO Box 4488
Medlord, OR. 97501
Phone: 54101.7451
Fax: 541-535-6051
wwrv.wesnortan@aol.com
~ ® 0 0 0 0 0 0 0 0 0
June 10, 2013
Steve Ennis Architect
PO Box 4051
Medford OR 97501
RE: Enders Shelter: Value Engineering
Below are value Engineering items with the Ashland parks department and Roxy Ann Rock to
reduce the construction cost for the Enders Shelter project. With these cost saving reductions will
we still have a quality project when finished. The low bid price was $127.244.00 we were able
to lower the price thru value Engineering to $98,973.00 represents a $28,271 savings.
Item 3: Erosion control - Joint effort, save $1,568.
Item 4: Tree protection - By APRD, save $2,195.
Item 5: Permits - By APRD, save $2,464.
Item 7: Plumbing - By City & APRD, save $3,584.
Item 9: Concrete Slab - Delete integral color, save $200.
Item 10: Concrete Walks - By APRD, save $2,352.
Item 14: Roofing - Delete Finial and change roof to single layer, save $12,824.
Item 15: Wood Sealer- By APRD, save $896.
Item 16: Geotechnical Engineer - Site visit only, save $2,188.
Wes Norton
DBA: Roxy Ann Rock
CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)
6/14/2013
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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER COCONTACT NE. Kim Schnetzky
Ward Insurance Agency P"G"am. (541) 687-1117 AIC No: (541)342-8290
PO Box 10167 kim9wardinsurance.net
INSURE 3 AFFORDING COVERAGE NAIC
Eugene OR 97440 INSURERA AmeriCan States Insurance Co 9704
INSURED
INSURER B:
Wesley Reed Norton INSURERC:
DBA: Rory Ann Rock INSURER D:
PO Box 4488 INSURERE:
Medford OR 97501 INSURER F:
COVERAGES CERTIFICATE NUMBER•13/14 GL/IM-SCHED EQUIP 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 CONDITICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR rypE OF INSURANCE POLICY FF POLICY EXP RDM SUER LTR POLICY NUMBER (MMICONYYY) (MMIDDrYYYY) LIMITS =XQ GENERAL LIABILITY EACH OCCURRENCE $
1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES a cocunencel S 200,000
A CLAIMS-MADE aOCCUR X iCI47779230 /1/2013 /1/2014 MED E)(P (Myone person) $ 10,000
PERSONAL 4 ADV INJURY E 1,000,000
GENERAL AGGREGATE $ 2,000,000
GENL AGGREGATE LMIT APPLIES PER PRODUCTS - COMIXOP AGG f 2,000,000
POLICY X PRO LOC f
AUTOMOBILE LIABILITY Ee eaident 1,000,000
A MY AUTO BODILY NJURY (Per person) E
AUTOSMED ALTOSULEO X iCI47779230 /1/2013 /1/2014 BODILY INJURY (Per accident) $
X HIRED AUTOS N X ANUO -OMIED PPROPPER nDAMAGE E
TOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIM"ADE AGGREGATE f
DED RETENTION $
WORKERS COMPENSATION V,C GTATU- DTH-
ANDEMPLOYERS' LIABILITY YIN IORY
ANY PROP2IETOR,PARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. EACH ACCIDENT $
(Mandatory In NH) EI. DISEASE - EA EMPLOYE $
If wyas, deembe under
1) R IPTION OF OPERATIONS bed. E. L. DISEASE - POLICY LMIT E
A SCHEDULED EQUIPMENT ICI47779230 /1/2013 /1/2014 LIMB. $73,000
DEDUCTIBLE'. $500
DESCR PTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more specs Is required)
Re: Enders Memorial Shelter
City of Ashland and its agents, officers and employees are named as additional insureds, but only with
respects to contractor's services to be provided under this contract and per attached CG8674.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland Park 6 Recreation
340 S. Pioneer St. AUTHORIZED REPRESENTATIVE
Ashland, OR 97520
Darrin Godfrey/TRACEE
ACORD 25 (2010/05) ® 1988-2010 ACORD CORPORATION. All rights reserved.
I NS025 (201005).01 The ACORD name and logo are registered marks of ACORD
I.IFxrty' COMMERCIAL GENERAL LIABILITY
N. ° :`Ne4t' CG 88 74 12 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organlzatlon:
City of Ashland its agents, officers and employees.
DUTY TO DEFEND or B or medical expenses under COV.
Paragraph a. of SECTION I - COVERAGE A and ERAGE C.
COVERAGE B is replaced by the following: No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
a. We will pay those sums that the insured be. plicitly provided for under SUPPLEMENTARY
comes legally obligated to pay as damages PAYMENTS - COVERAGES A AND B.
because of "bodily injury", "property
damage" or "personal injury and advertising EMPLOYERS LIABILITY
injury" to which this insurance applies. We
will have the right and duty to defend the in- The last paragraph of exclusion e. of SECTION 1 -
sured against any "suit" seeking those dam- COVERAGE A is replaced by the following:
ages. Our duty to defend begins once you
notify us of a "suit" as described in SEC- This exclusion does not apply to liability assumed
TION IV - COMMERCIAL GENERAL LI. by the insured under an "insured contract" ex-
ABILITY CONDITIONS, 2.b. However, we cept for that part of a contract or agreement that
will have no duty to defend the insured indemnifies any person or organization for their
against any "suit" seeking damages for sole liability.
'bodily injury", "property damage", or
"personal injury or advertising injury" to WRONGFUL EVICTION
which this insurance does not apply. We
may, at our discretion, investigate any The following exclusion is added to SECTION I -
"occurrence" and settle any claim or "suit" COVERAGE B:
that may result. But: The wrongful eviction from, wrongful entry into,
(1) The amount we will pay for damages is or invasion of the right of private occupancy of a
limited as described in SECTION III - room, dwelling or premises arising out of any:
LIMITS OF INSURANCE; and (1) "property ro ertdamage"
p p y to the room, dwell-
- (2) Our right and duty to defend ends when ing or premises; or or
we have used up the applicable limit of (2) 'bodily injury" sustained through occu-
r insurance in the payment of judgments pancy of a room, dwelling or premises.
or settlements under COVERAGES A
T eateco and INe Soleco logo ara ra,ml, d Irademarb of 3afeco Carppation
CG 88 74 12 07 Page 1 015 EP
LAG-31.PRINTGGI.1184-0W J
ADDITIONAL INSURED - BY WRITTEN CON- This insurance does not apply to "bodily
TRACT, AGREEMENT OR PERMIT, OR SCHED. injury", "property damage", or
ULE "personal and advertising injury" arising
out of operations performed for the state
The following paragraph is added to SECTION 11 _ or municipality;
WHO IS AN INSURED:
C. The insurance with respect to any architect,
4. Any person or organization shown in the Sched. engineer, or surveyor added as an insured
ule or for whom you are required by written con- by this endorsement does not apply to
tract, agreement or permit to provide insurance "bodily injury", "property damage", or
is an insured, subject to the following additional "personal and advertising injury" arising out
provisions: of the rendering of or the failure to render
any professional services by or for you, in-
a. The contract, agreement or permit must be cluding:
in effect during the policy period shown in
the Declarations, and must have been exe. (1) The preparing, approving, or failing to
cuted prior to the "bodily injury", "property prepare or approve maps, drawings,
damage", or "personal and advertising opinions, reports, surveys, change or-
injury", ders, designs or specifications; and
b. The person or organization added as an in- (2) Supervisory, inspection or engineering
sured by this endorsement is an insured only services.
to the extent you are held liable due to: d. This insurance does not apply to "bodily
(1) The ownership, maintenance or use of injury" or "property damage" included within
that part of premises you own, rent, the "products-completed operations
lease or occupy, subject to the following hazard".
additional provisions: e. A person's or organization's status as an in-
(a) This insurance does not apply to sured under this endorsement ends when
any "occurrence" which takes place your operations for that insured are com-
after you cease to be a tenant in plated.
any premises leased to or rented to I. No coverage will be provided if, in the ab-
you; sence of this endorsement, no liability would
(b) This insurance does not apply to be imposed by law on you. Coverage shall
any structural alterations, new con- be limited to the extent of your negligence
struction or demolition operations or fault according to the applicable principles
performed by or on behalf of the of comparative fault.
person or organization added as an g. The defense of any claim or "suit" must be
insured; tendered as soon as practicable to all other
(2) Your ongoing operations for that in- insurers which potentially provide insurance
sured, whether the work is performed for such claim or "suit".
by you or for you; h. The insurance provided will not exceed the
(3) The maintenance, operation or use by lesser of: ^
you of equipment leased to you by such (1) The coverage and/or limits of this policy,
person or organization, subject to the or
following additional provisions:
(a) This insurance does not apply to (2) The coverage and/or limits required by
any "occurrence" which takes place said contract, agreement or permit.
after the equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED
(b) This insurance does not apply to AIRCRAFT LIABILITY
"bodily injury" or "property
damage" arising out of the sole Exclusion g. of SECTION I - COVERAGE A is re-
negligence of such person or or- placed by the following:
ganization; 9• "Bodily injury" or "Property dama e" arisin
Y" 9 9
(4) Permits issued by any state or political out of the ownership, maintenance, use or
subdivision with respect to operations entrustment to others of any aircraft, "auto"
performed by you or on your behalf, or watercraft owned or operated by or rented
subject to the following additional pro-
vision:
Page 2 of 5
C AG31.PRIMM11.1 Tii,_=2 J
or loaned to any insured. Use includes oper- "Property damage" to:
ation and "loading or unloading".
(1) Property you own, rent, or occupy, in-
This exclusion applies even if the claims cluding any costs or expenses incurred
against any insured allege negligence or by you, or any other person, organiza-
other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement,
employment, training or monitoring of others enhancement, restoration or mainte-
by that insured, if the "occurrence" which nance of such property for any reason,
caused the "bodily injury" or "property including prevention of injury to a per-
damage" involved the ownership, mainte- son or damage to anther's property;
nance, use or entrustment to others of any
aircraft, "auto" or watercraft that is owned (2) Premises you sell, give away or aban-
or operated by or rented or loaned to any in- don, if the "properly damage" arises out
sured. of any part of those premises;
This exclusion does not apply to: (3) Property loaned to you;
(1) A watercraft while ashore on premises (4) Personal property in the care, custody
you own or rent; or control of the insured;
(2) A watercraft you do not own that is: (6) That particular part of real property on
which you or any contractors or sub-
(a) Less than 52 feet long; and contractors working directly or indirectly
(b) Not being used to carry persons or on your behalf are performing oper-
property for a charge; ations, 0 the "property damage" arises
out of those operations, or
(3) Parking an "auto" on, or on the ways That particular part of any property that
next to, premises you own or rent, pro-
vided the "auto" is not owned by or must be restored, repaired or replaced
rented or loaned to you or the insured; because "your work" was incorrectly
performed on it.
(4) Liability assumed under any 'insured
contract" for the ownership, mainte- Paragraphs (1), (3) and (4) of this exclusion
nance or use of aircraft or watercraft; or do not apply to "property damage" (other
than damage by fire) to premises, including
(5) "Bodily injury" or "property damage" the contents of such premises, rented to
arising out of: you. A separate limit of insurance applies to
(a) the operation of machinery or Damage To Premises Rented To You as
equipment that is attached to, or described in SECTION III - LIMITS OF
part of, a land vehicle that would INSURANCE. Paragraph (2) of this exclu-
quality under the definition of sion does not apply if the premises are "your
"mobile equipment" if it were not work" and were never occupied, rented or
subject to a compulsory or financial held for rental by you.
responsibility law or other motor ve- Paragraphs (3), (4), (5) and (6) of this exclu-
hicle insurance law in the state sion do not apply to liability assumed under
where it is licensed or principally a sidetrack agreement.
garaged; or
Paragraph (6) of this exclusion does not ap-
(b) the operation of any of the machin- ply to "property damage" included in the
ery or equipment listed in Paragraph "products-completed operations hazard".
f.(2) or f.(3) of the definition of
"mobile equipment". Paragraph 6. of Section III is replaced by the follow-
(6) An aircraft you do not own provided it is ing:
o not operated by any insured. 6. Subject to Paragraph 5. above, the Damage To
TENANTS' PROPERTY DAMAGE LIABILITY Premises Rented To You Limit is the most we
will pay under COVERAGE A for damages be-
cause of "property damage" to any one prom-
When Damage To Premises Rented To You Limit is ises, while rented to you, or in the case of
a shown in the Declarations, SECTION 1 - COVER- damage by fire, while rented to you or temporar-
AGE A exclusion I., is replaced by the following: ily occupied by you with permission of the owner.
1. Damage To Property
0086741207 Page 3 of 5 EP
GAG-31 DRINT881-, 784MU
The Damage To Premises Rented To You Limit is the a. "Bodily injury" or "property damage" ex.
higher of $200,000 or the amount shown in the Dec- pected or intended from the standpoint of the
larations as Damage To Premises Rented To You insured. This exclusion does not apply to
Limit. "bodily injury" or 'property damage" result-
ing from the use of reasonable force to pro-
WHO IS AN INSURED - MANAGERS tect persons or property.
The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT
11 - WHO IS AN INSURED:
Paragraph (1) does not apply to executive officers, or The medical expense limit is amended to $10,000.
to managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE
SUPPLEMENTARY PAYMENTS - COVERAGES A The following is added to Paragraph 2. SECTION IV
AND B - BAIL BONDS - COMMERCIAL GENERAL LIABILITY
CONDITIONS Duties In The Event Of Occurrence,
Paragraph 1.b. Of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of:
- COVERAGES A AND B is replaced by the follow-
ing: Knowledge of an "occurrence", claim or "suit" by
b. Up to $3,000 for cost of bail bonds required your agent, servant or employee shall not in itself
because of accidents or traffic law violations constitute knowledge of the named insured unless an
arising out of the use of any vehicle to which officer of the named insured has received such notice
the Bodily Injury Liability Coverage applies, from the agent, servant or employee.
We do not have to furnish these bonds. INSURED CONTRACT
SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B - INDEMNITEES AND ADDITIONAL IN- The following definition is added to SECTION V -
SUREDS DEFINITIONS, Definition 9. "insured contract" par-
agraph f.:
Paragraph 2.f.(1) (d) Of SUPPLEMENTARY PAY- (4) That part of any contract or agree-
MENTS - COVERAGES A AND B is replaced by ment that indemnifies any person
the following: or organization for the indemnilee's
(d) Cooperate with us with respect sole tort liability.
to coordinating other applicable OTHER INSURANCE
insurance and self-insured
retention available to the in-
demnitee; and The first paragraph of Other Insurance of SECTION
IV - COMMERCIAL GENERAL LIABILITY CON-
EMPLOYEES AS INSUREDS - HEALTH CARE DITIONS is replaced with the following:
SERVICE
If other valid and collectible insurance, or any self-in- m
Paragraph 2.a.(1) d. of SECTION 11 - WHO IS AN sured retention, is available to the insured for a loss
INSURED is deleted, unless excluded by separate we cover under COVERAGE A or B of this Coverage
endorsement. Part, our obligations are limited as follows:
EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING
ORGANIZATIONS
The second paragraph of 4.c. Method of Sharing of
Paragraph 3.a. of SECTION 11 - WHO IS AN IN- SECTION IV - COMMERCIAL GENERAL LIABIL-
SURED is replaced by the following: ITN CONDITIONS is replaced with the following:
a. Coverage under this provision is afforded If any of the other insurance does not permit contri-
only until the end of the policy period. bution by equal shares or is subject to a self-insured
retention, we will contribute by limits. Under this
EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of
its applicable limit of insurance or self-insured re-
Exclusion a, of SECTION I - COVERAGE A is tention or both combined to the total applicable limits
amended to read:
Page 4 of 5
GAGJ1ARINT331d TS ~J
• t of insurance of all insurers and the amount of any our right to collect additional premium or exercise our
self-insured retention. right of cancellation or non-renewal.
UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE
HAZARDS
The following is d to IV -
OMMERCIAL ragraph
The following is added to Paragraph 6. Representa- C
GENERALddeLIABILIITY SECTION CONDI-
tions of SECTION IV - COMMERCIAL GENERAL TIONS:
LIABILITY CONDITIONS:
10. If a revision to this Coverage Part, which would
If you unintentionally fail to disclose any hazards ex- provide more coverage with no additional
isting at the inception date of your policy, we will not premium, becomes effective during the policy
deny coverage under this Coverage Form because of period in the state shown in the Declarations,
such failure. However, this provision does not affect your policy will automatically provide this addi-
tional coverage on the effective date of the re-
vision.
0
CG 86 74 12 07 Page 5 015 EP
CAG31.PRINTDOI.1 MI DD5},I
l ~
"moo CERTIFICATE OF LIABILITY INSURANCE DATE (MM )
6/14/2 013 013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements .
PRODUCER NAME: Bobbie Watts
Ward Insurance Agency (541) 687-1117 acHo: (641)342-6260
PO Box 10167 PHO~.bobbiew@wardinsurance.net
INSURER 8 AFFORDING COVERAGE NAIC e
Eugene OR 97440 INSURERA:Travelers-WC ARP
INSURED INSURERS:
Wesley Reed Norton INSURERC:
PO Box 4488 IHSURERD:
NSURERE:
Medford OR 97501 INSURER F:
COVERAGES CERTIFICATE NUMBER:13/14 Work Comp REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP AUNUOR LTR POLICY NUMBER MMIDD MMI LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES (Ea oaurrence $
CI-AIMS-MADE F-IOCCUR MED EXP (Any one person) $
PERSONAL 4 ADV INXRY $
GENERAL AGGREGATE $
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP ASS $
POLICY PRO LOC $
AUTOMOBILE LIABILITY
Ee ecclderd
MY ALTO BODILY atl,ARY (Per person) $
AALLL OS ED P AUTOS BLED BODILY INXRY(per accide,A) $
NON-OWNED ROPERTY DAMAGE
HIRED ALTOS AUTOS Per accident)
$
UMBRELLA LAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMSMADE AGGREGATE $
DED RETENTION $
A WORKERS COMPENSATION X NC STATU- 0TH-
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNEWENECUTVE E. L. EACH ACCIDENT $ 500,000
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NH) JUB4453PO63 /12/2013 /12/2014 E.L. DISEASE - EA EMPLOYE $ 500,000
Ryes, describe Under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500.000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir Ton apace Is raqulnd)
RE: Enders Memorial Shelter
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland Parks 6 Recreation
340 S. Pioneer Street AUTHORIZED REPRESENTATIVE
Ashland, OR 97520
C Christensen/BOBBIE- =
ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All rights reserved.
INS025 (201005).01 The ACORD name and logo are registered marks of ACORD
PERFORMANCE BOND
The undersigned Wes Norton DBA: Roxy Ann Rock
gg pripal, further referred to in this bond as Contract n, Old Republic Surety ComPa~ _
u SUrCty, further referred-to 'n this bond as Surely, are iointly and
severallybound unto i o Ash and as obligee, fyrtber referred in this bond as City, in the sum of
Ninety ~ht Thousand Nine Hundred Seven Three and No/1000* ` _
Dollars ($98,973.00
C.ontracto and.Q hayc c i 4 d into a wntten contra dated June 221 2013 _
for the following pro lx En erTrs Memorial Shelter This contract is
urther referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond lare:
1. if Contra t r fuithtully nerformy the Contract in IacMa.,noc with the,plans, sDeclticution9
and conditions of ;the contract within the time p escribed by the Contract. as required by
ORS 279C,1380 through 279C.385. then this oblikation is null and vn pthcrwise it shall
remain in f 1,,i'prt a and offccL
2. If Contract r is declared by City , be in defald_t ter der the Contract the Surety ahall
pro ttv Iv cmedy the default. pcrfon al o pr's obligations under the contract in
accordance1with its terms and conditions and pay City all damnes that are due under the
Contract.
3. This bond is subject to claims under ORS 279080 through 279C.390,
4. This obligation jgiiitly and severally binds Contractor and and their respective heirs
execute rs ddmitistralors, successors. Surely
5. Sit gty waides notice of modification of the Cnntrdct or extension of the Contract time.
6• a9ppaymcd~thc bond~rcmium shell inva jaagjitia bond,
7. The bond number and the name, address, and teleRhone number oftbgaaent autlwriF.ed to
rcceivqIttescoriccmin~lhis ob Ildsfpllowi.
Bond Number: YCN2128680
Bond Agent: Ward Insurance Agency Inc
Address: PO Box 10167
-Eugene, OR 97440
Telephone: 541-687-1117
SIGNED this 25th _ day of June 2013 .
PERFORMANCE BnNI) Page 2
WITNESS: CONTRACTOR: Wes Norton DBA: Roxv Ann Rock
By:
Enders Memorial Shelter 49
(Corporate Seal) Title: '0w
Legal Address: P.O. Box 4488
Medford,. OR.97501
Attest:
dorporate Secretary
WITNESS:
SURETY: ~O-ld~-Republic Surety Company
l U~~
(Co: o;stc'Seal), By: Tina A. IM~ Costa
Title: Attorney-In-Fact
- - - Legal Address: 10220 SW Greenburg Rd, Suite 640
-
Portland, OR 97223 _
Attest: N/A _
dorporate Secretary_
Faders Memorial Shelter 50
PAYMENT 13OND
TheundersienedWes Norton DBA: Rol Ann Rock
as nnpcinal. further refgrrgd to in this d.AjContractoL apd Republiq Sure Company
_
as surety. further referred tq ii this boo d as Surety, are jointly and
severally bound unto Ctty oflAshlarid,.as obll~ee further referred t6 in this bond as City, in the sum of _
Nine E!ght Thousand Nine, Hundred SeventV Three and No/100"
DOllars ($98,973.00 -
Qgptragtor and,. ity have M Bred into.a,w~ten contractdgtpdJune 22, 2013
Mr the following pm'ect: End rrs Memo al Shelter. TThis ontrget is
further re erred to in this band as the Contract and is incorporated 4m this bond by this reference,
The conditions of this bond are:
1. If_Cal (raclgr f "thfull Ipgft)m the ntnlct within thq--tjm>C~rescribce_b ty he Copt rst, and
promotly makes payment to all claimants. as deft en in ORS 279C.600 through 279C.620. then
this obli¢ation is! null and void: otherwiee_it shall remain in full force and effect.
2. If Con c o is declared by City to be in default under the Contract the Surety shall promptly
remedy the de 1 eif mr all of Cuntrector's obli ' tiggs under the contract in accordance
with its terms and conditions and pgy to City, I ma s that are due under the Contract,
3. This bun iupb ccl to cl irr4
-undcr ORS 27 IL600 thrtLug}I 279C.620.
4, This obligation jointly land severally binds Contractoi and Surety and their,rees cctive heirs.
exec adn i islraWis. 5UgQgssors.
5. Sure waives ndtice of'modification of the Contract orlextension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond,
7. The bon nurr b r and It, c natn~ a -dreis
- , aapd tclc tph ne number of the uagnt cut prized tp,
receive notices cbncerning this bond are as follows:
Bond Number: YCN2128680
Bond Agent: Ward Insurance Agency Inc
Address: PO Box 10167
Eucq-ene1,OR 97440
Telephone; 541-687-1117
SIGNED this 25th k day of June _ 2013 ,
Enders Memorlal Shelter 51
PAYMENT BOND Page 2
WITNP.SS: CONTRACTOR: Wes Norton DBA: Roxy Ann Rock
-
By: j
(Corporate Seal) Title: ~wHFt
Legal Address: P.O. Box 4488
Medford, OR 97501
Attest:
_ Secreta _ry
--dorporate _
WITNESS:
SURETY: Old Republic Surety Company
(Corporate Seal) By. I ina A. Costa
Title: Attorney-In-Fact
Legal Address: 10220 SW GreenburcRiSuite 640
Portland, OR 97223
Attest: N/A
dorporate Secretary
Enders Memorial Shcltcr 52
" OILD REPUBLIC SURETY 'COMPANY
{t 7k* ' POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin' stock insurance corporation, does make, constitute and
appoinC - - .
KRISTEN MCGILLVREY, RUBY M. HASKELL, LARRY C BUCK, STEVEN J HANSON, TINA A COSTA, OF EUGENE; OR
its true and lawful Atiomey(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as. surety, to execute and deliver
- and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recogninnees or other written obligations in the nature thereof, (other than bail
bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung
bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
-
TEN MILLION DOLLARS ($10,000,000)-------------------------- FOR ANY SINGLE
' OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, .pursuant to these presents, are ratified and confirmed.
This document is hot valid unless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors
at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18; 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction' with the secretary or any assistant secretary, may appoint
_ attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any.such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such, person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
. (i) whensignedby the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or - -
i(ii) when signed by the president, any vice president or. assistant vice president, secretaryor assistant secretary, and countersigned and sealed life seal be
required) by a duly authorized attorney-in-fact or agent or -
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
:evidenced by the Power of Attorney issued by the company to such person or persons. - -
RESOLVED FURTHER, •that the.signaturc of any authorized officer and the seal of the company may be affixed by'faesimile to any Power of Attorney or
-RESOLVED thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship,obligations oflhe company; and such
signature and seal when so used shall have the same force and effect as though manually affixed -
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
- affixed this 2ND day of ~ APRIL. 2013.
OLD REPUBLIC SURETY COMPANY
OUR,
00
- Ass Sttrelary _ ~=i
h
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President
'On this 2ND day of APR] L, 2013 , personally came before me, Alan Pavlic - and
Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instru nest and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the
- corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. "
r .r
Notary Public
r _ - - My commission expires: 9/28/2014
,:CERTIFICATE It e undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now "
in force. + ♦ , _ , ~ -
775930 . M\r~+. Signed and sealed at the.CayofBrookfield WI this! '2Sth:,day of June 2013,
SEAL~•e r n
♦ . 1 ..ii - r
t • WARD 'INSURANCE AGENCY, INC
Y
' f~
- -
t.rl I r f it(/vi :L~~t~ Page 1/ 1
Ashland Park Commission DATE "PO NUMBER
20 E MAIN ST. 7/29/2013 00243
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 004105 - SHIP TO:
ROXY ANN ROCK
PO BOX 4488
MEDFORD, OR 97501
FOB Point: Req. No.: _
Terms: net Dept.:
Req. Del. Date: Contact: Bruce Dickens
Special Inst: Confirming? NO -
Quantity Unit Description Unit Price Ext. Price
Reconditioninq of Enders Shelter in 98,973.00
Lithia Park per Architect/Engineerinq
Specifications in Construction Documents
SUBTOTAL 98 973.00
BILL TO: TAX 0.00
FREIGHT 0.00
TOTAL 98,973.00
Account Number- Project Number - Amount Account Number Project Number Amount
E 411.12.00.00.70420 E 000022.999 98,973.00
awC '
Authorized Signature VENDOR COPY
~ ~ CITY of
~ASHLAND
A request for a Purchase Order
FORM #3 *request:
vw
REQUISITION DrI`I - l
ired date for delivery:
Requ
Vendor Name I s c'e---
Address, City, State, Zip PO (a' ~ 5-a1zJ~ a?f) ~.2 1752)
Contact Name & Telephone Number C>~ i / ~Ox~ T7/N ~~•j . Gd_ ~S
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding % Emergency
❑ Reason for exemption: Invitation to Bid (Copies on f le) Form #13, Written findings and Authorization
❑ AMC 2.50 D e approved by Coungil: ❑ Written quote or proposal attached
❑ Written quoteopproposal attached ,7
❑ Small r Iure ent " Cooperative Procurement
Less tharA 00 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon
E]Aiect Award ate approved by Council: Contract #
Verbal/Written quote(s) or p I( ❑ State of Washington
,In Intermediate Procurement Sole Source Contract #
GOOS & SERVICES t~ El Applicable Form (#5,6, 7 or 8) E3 Other government agency contract
X50('0: to 100 000/~ ❑ W tten quote or proposal attached Agency
) Written quote nd solici ion attached ❑ Form A, Personal Services $5K to $75K Contract ONAL S ES ❑ Special Procurement Intergovernmental Agreement
1 000 ❑ Form #g, 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/written solicitation Date approved by Council: (Dale)
❑ Form A, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
~Y'7
~ O vl G 3•°°
$
- .G' CC1 CIS IN _ lC 4~L11~S I
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
I
TOTAL COST
❑ Per attached quotelproposal $
ProjectNumbeaax?.%_~ Account Number -
Account NumberLP IZ- 0.00 - TG` WO 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:
ITDirector Date Support -Yes/No
By signing this requisition form, I certify that the City's public contracting requirements have be n atisfred.
Employee Signature: lr f) Department Head Signature: ual t -Qr greater than $5,000)
City Administrator: -
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year. YES / NO
Finance Director- (Equal to orgreaterman $5,000) Date
Comments:
Form #3 - Requisition