HomeMy WebLinkAbout2013-317 Contract - Vitus Construction
CITY OF CITY OF ASHLAND
-ASHLAND
e~ PUBLIC IMPROVEMENT CONTRACT
ASHLAND ICE RINK COVER
Project No. 000305.999
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon
(hereinafter "City" ) and Vitus Construction (Hereinafter "Contractor"). The City's Project Manager
for this Contract is Steve Ennis. City ofAshland Ashland Parks and Recreation
WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not
limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable,
Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions,
Technical Specifications, Drawings, and Addenda, more particularly described in Standard Condition 5,
(hereinafter referred to as "Contract Documents") for its project entitled "Ashland Ice Rink Cover" and
WHEREAS, Contractor did on the 29thday of August 2013, file with City a bid to furnish equipment,
labor, material, and appurtenances for construction of said project as set forth in the Contract Documents
and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and
conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances
and perform said work, together with the manner and time of furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as
follows:
1. Recitals.
The 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 65 calendar days
following Contractor's receipt of the Notice to Proceed.
3. Statement of Work
The work under this contract is for Ashland Ice Rink Cover and more fully described in the Contract
Documents, incorporated herein and made a part hereof by this reference. The statement of work, including
the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges
receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges
Contractor has read and fully understands the Contract Documents, and understands that in signing this
Agreement contractor waives all rights to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and
furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds
required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of
this Ashland Ice Rink Cover 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.
A~Idmid Icc Rink Cover 19
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a
sum of. $251,200.00 for accomplishing the work required by this contract,
including allowable expenses. This sum cannot be modified except by Change Order approved in
writing by City. Any progress payments to Contractor shall be made only in accordance with the
schedule and requirements in Section 21, Standard Tennis 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): Vitus Construction Inc.
Contact Name: Corey E. Vitus Phone: 541-855-7177 Fax: 541-855-7520
Address 1912 Second Avenue, Gold Hill OR 97525
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted
with the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License # BL-002995 Construction Contractors Board # 63643
Citizenship: Nonresident alien Yes X No
Business Designation (check one): Individual _ Sole Proprietorship
Partnership X Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be reported
to the Internal Revenue Service (IRS) under the name and taxpayer 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; I hereby certify,
under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB
Registration Requirements] are true and correct, and further I certify that I am an independent contractor as
defined in ORS 670.600.
-lshhmd Icc Itin1.' C.!vcr 20
Signed by Contractor:
1 , President 9/9/13
igna[u /Title Date
Printed Name: Corey E. Vitus
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been
executed by the Public Contracting Officer or designee as well as City Finance and Legal Department
representatives.
CITY OF ASHLAND SIGNATURE
Approved:
Zot3
Director bland arks and Recreation, City of Ashland Date
- Autho 'ze by Ord' ance 3013 and Delegation Order dated, y 1 20 t,3
Coding: 20, 5 ay)
1viewedttor (a pCroved as legal form) D to
15
ATTACHMENTS: Certificate of Representation
Exhibit A, Std. Conditions
Exhibit B, Bid Schedule
Exhibit C, Insurance requirements
Ashland Icc 164 Coeur 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 waiting for the number to be issued to it;
and
(b) Contractor is not subject to backup withholding because
(i) it is exempt from backup withholding or
(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or
(iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further
represents and warrants to City that
(a) it has the power and authority to enter into and perform the work,
(b) the Contract, when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional standards,
and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also
certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a
corporation authorized to act on behalf of the entity designated above and authorized to do business in
Oregon or is an independent contractor as defined in the contract documents, and has checked four or more
of the following criteria:
X (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.
X (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
X (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.
x (5) Labor or services are performed for two or more different persons within a period of
one year.
x(6)1 assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and
omission insurance or liability insurance relating to the labor or services to be provided.
Vitus Construction Inc. fv~ 9/9/13
Contractor Date
A,,hland Icc kind, (,eo 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 races applicable to any compensation or
payment paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public
Employees' Retirement System, or workers' compensation benefits from compensation or payments to
Contractor under this Contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this Contract, or assign, sell, dispose of, or
transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part,
without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of
any of the obligations under the Contract. Any assignee or transferee shall be considered the agent of the
contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an
assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the
Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as
if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in
writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from
any obligations of 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 Subcontractor's work, material or equipment. All Subcontracts
are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this
Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors
are employed in the performance of this contract, the Contractor and its subcontractors are subject to the
requirements and sanction of ORS Chapter 656, Workers' Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms.
Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to
third persons unless such third persons are individually identified by name herein and expressly described as
intended beneficiaries of the terms of this contract.
Ashland Ice Rink Cover 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 Terns and Conditions and Exhibits
thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled "Ashland Ice Rink Cover",
Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated
herein by this reference, together with the Prevailing Ware (BOLL) if applicable AND any other separately
bound reference, Oregon 2008 Standard Specifications for Construction, and City of Ashland Addenda,
incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents,
or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and
incorporated herein, where applicable, as if fully set forth herein.
6. Contractor's Representations
By executing this Contract, the Contractor hereby certifies that the representations made by the Contractor
in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein
by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts,
errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written
resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally
sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the
project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees
that includes, at a minimum, the following:
i. A written employee drug-testing policy,
H. Required drug testing for all new Subject Employees or alternatively, required
testing of all Subject Employees every 12 months on a random selection basis, and
iii. Required testing of a Subject Employee when the Contractor has reasonable cause
to believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee
Drug-testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that
employee will be working on the Public Improvement project job site.
C. By executing and returning this Contract the Contractor certifies, represents and warrants to the City
that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full
force and effect for the duration of this Contract, and that Contractor will comply with the provisions of
subsection (d) below. Further, the City's performance obligation (which includes, without limitation, the
City's obligation to make payment) is contingent on Contractors compliance with this representation and
warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for
the subcontractors Subject Employees, and represent and warrant to the Contractor that the
Ashland Ice Rink Cover 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 subcontractor's Subject Employees participate in the Contractor's
Qualifying Employee Drug-testing Program for the duration of the subcontract.
8. Notice to Proceed
Written Notice to Proceed will be given by the City after the Contract has been executed and the
Performance Bond, Payment Bond, and all required insurance documents approved. Notice To Proceed
shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date.
Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility
relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the
written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written
notice. A written notice to proceed is expected to be issued no sooner than Mondav September 9 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 carry out any provision of the Contract;
C. Failure of the Contractor to carry out orders;
d. Conditions, in the opinion of the City, which are unsuitable for performing the project work;
e. Allowance of time required to investigate differing site conditions;
f. Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if
the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to
subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable
compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead
with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue
or other economic loss arising out of or resulting from such termination. The foregoing provision
concerning compensation in the event of a suspension of Work of this Contract shall not apply if such
suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes,
ordinances, rules or regulations, or as a result of any violation by the Contractor of the terns 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.
A>hland Ice Rink Cover 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 terminated under 10(d), by the Contractor due to a breach by the City, then the
City shall pay the Contractor as provided in subsection (a) of this section.
C. If this Contract is terminated under 10(d), by the City due to a breach by the Contractor, then the
City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs,
as provided for in Section 12, Remedies.
12. Remedies
In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may
complete the work either itself, by agreement with another contractor, or by a combination thereof. In the
event the cost of completing the work exceeds the remaining unpaid balance of the total compensation
provided under this Contract, then the Contractor shall pay to the City the amount of the reasonable excess.
After notice of termination under paragraph 10(c), the Contractor and the 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 of applicable
records shall be made available upon request. Payment for cost of copies is reimbursable by the City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to background
data, documentation and staff work that is preliminary to final reports, are the property of City. Draft
documents and preliminary work submitted to the City for review and comment shall not be considered as
owned, used or retained by the City until the final document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and
all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the
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.
Ashland Ice Kink Cover 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 are subject to Oregon Public Records laws.
15. Compliance with Applicable Law
Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and
local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting
laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-
C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530,
279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this
reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and
Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond);
ORS 279A.I10 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier
Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours);
ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565
(Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125
(Recyclable Products) are all incorporated into this contract by this reference as though set forth in full.
Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the
DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil
Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities
Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those
laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues,
rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws.
A condition or clause required by law to be in this contract shall be considered included and incorporated
into the Contract and made a part hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or
licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and,
further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work)
will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's
Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the
Contract.
17. Prevailing Wages/ BOLI Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS
279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not
less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for
and to each and every worker who may be employed in and about the performance of the Contract. In
accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of
the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting
for the whole or any part of the work on the Contract shall be paid not less than the applicable state or
federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule
and federal wage rate schedule, if applicable, can be found at the following website: www.ore on.gov/boli.
When both federal and state prevailing wages are required to be included in the contract specifications, the
City shall also include in the specifications information showing which prevailing rate of wage is higher for
workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of
Labor and Industries under ORS 279C.815 (2)(c).
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
Ashland Ice Rink Corer 27
may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in
the Contract and bid documents and made a part hereof by this reference. For public works for which the
contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly
rate of wage. [ORS 279C.830(1)]
C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries
pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall
be paid on or before the first progress payment or 60 days from the date work first begins on the Contract,
or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the
Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32,
Portland, Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public
works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as
required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the
project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims
ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The
bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be
payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect
continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond.
Contractor shall verify that subcontractors have complied with this requirement prior to permitting the
subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall
supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and
Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a
certified statement in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40
hours in any one week, except in cases of necessity, emergency or when the public policy absolutely
requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid
at least time and a half pay:
(a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of
this section and from ORS 279C.520 and ORS 279C.540.
(d) When labor is employed by the City through another as a contractor, any worker employed by the
contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a
claim for payment is filed with the contractor within 90 days from the completion of the contract, providing
the Contractor has:
(1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to
be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is
readily available and freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the Contract
on which workers are or have been employed.
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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 this Contract in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers Compensation coverage unless such employers are exempt under ORS 656.126.
Contractor shall ensure that each of its subcontractors complies with these requirements.
20. Retainage
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in
accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the
amount earned by a contractor on a public improvement contract and the amount paid on the Contract by
the City. [279C.5501 Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a)
retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the
election of the contractor, paid to the contractor in accordance with the two options below:
• The contractor may deposit bonds, securities, or other instruments with the City or in any bank or
trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In
such event the City shall reduce the retainage in an amount equal to the value of the bonds,
securities or instruments. and pay the amount of the reduction to the contractor in accordance with
ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. (or)
• If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing
account in a bank, savings bank, trust company or savings association for the benefit of the City.
Earnings on the account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS
279C.560(l) or (5), the City may recover such costs from the contractor by reduction of the final payment.
As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all
accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be
of a character approved by the City Attorney and City Finance Director, including but not limited to:
(a) Bills, certificates, notes or bonds of the United States.
(b) Other obligations of the United States or its agencies.
(c) Obligations of any corporation wholly owned by the federal government.
(d) Indebtedness of the Federal National Mortgage Association.
(e) General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically
associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of
the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and
any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as
set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce
the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the
contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in
lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the
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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 fiens, claims, security interests or encumbrances.
Notwithstanding the above, when the progress estimate indicates that the progress payment would be less
than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless
approved by the City.
C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall
prepare an itemized cost breakdown relating thereto and have the City approve same before commencing
work; progress estimates based on said itemized cost breakdown may be the basis for progress payments.
Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true
costs of the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making
progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent
actual relative costs of different parts of work, a percentage of the Unit Price may be used in making
progress estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due to
Contractor's operations including, without limitation, claims from any City Department or other
governmental agency, an amount equal to the claim may be withheld from the progress payments, final
payments or retainage until such claim has been resolved to the satisfaction of City.
f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by
the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work
performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth
above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper
invoices will be addressed as set forth in ORS 279C.570(4)(5)(6).
g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%)
retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such
amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as
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
Ashland Ice Rink Co%er 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)]
h. The City may decline to approve an application for payment and may withhold such approval if, in
the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's
submittal. The City may also decline to approve an application for payment or may reduce said payment or,
because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any
part of any payment previously made to such extent as may be necessary in their opinion to protect the City
from loss because of. (1) defective work not remedied, (2) third party claims filed or failure of the
Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety
consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the
Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be
completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims
against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said
construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above
have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them.
Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the
Contractor to interest on such withheld payments or partial payments, except as provided in ORS
279C.570(9).
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any
extension, no further estimate may be accepted or progress or other payments allowed until the Project is
completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining
progress payments and are not to be relied on for any other purpose. A progress payment is not considered
acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion
of the work is considered substantially complete. If it appears to the City that the work is not substantially
complete, the City shall not make an inspection. The City may make a general list of major work
components remaining. If it appears that the work is substantially complete, the City shall, within fifteen
(15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work
yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F.
Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible
for operation and maintenance of that part of the work described in the Certificate of Substantial
Completion, subject to the warranty requirements and protection of the work and all other applicable terms
of the contract documents. The date of substantial completion of all the work shall stop the accrual of
liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete.
If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The
City may make a general list of major work components remaining. If it appears that the work is 100%
complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either
accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final
Completion shall not be prepared until all provisions of the Contract have been met, including but not
limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed
"Release of Liens and Claims."(Exhibit H).
b. When the work is 100%% complete, the City shall prepare a final pay estimate and Certificate of
Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final
pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise
provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the
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
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in the final pay estimate an addition to the contract amount for any contract deduction from the contract
amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount
for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's
failure to meet any contract provision or specification other than timely completion.
C. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by
the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the
City's final pay estimate, an itemized statement of any and all claims for additional compensation under the
Contract which are based on differences in measurements or errors of computation. Any such claim not so
submitted and supported by an itemized statement within said period is expressly waived and the City shall
not be obligated to pay the same.
d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any
additional compensation arising from errors of computation in the final estimate within a period of one (1)
year following the original mailing of the City's final estimate and Certificate of Final Completion to the
Contractor's last known address as shown in the records of City. The City's issuance of a revised final
estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or
proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final
Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be
conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any
and all claims for compensation and any and all causes of suit or action for the enforcement thereof that
Contractor might have had.
e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will
submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and
acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract
including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30
days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8).
f. Monies earned by the Contractor are not due and payable until the procedures set forth in the
contract documents for inspection, approval and acceptance of the work; for determination of the work done
and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion
and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for
the preparing of a revised final estimate and Certificate of Final Completion and processing same for
payment all have been carried out.
g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in
the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS
279A.120(3) has been satisfied.
h. If City declares a default of the Contract, and Surety completes said Contract, all payments made
after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in
accordance with the terms of the Contract.
i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor
whether known or unknown, arising out of and relating to the work. No payment, however, final or
otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in
the performance of the Contract.
j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of
ORS 279.570(9).
23. Change Orders I Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and
Ashland Ice Rink Corer 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 first-tier subcontractor did not make
payment when payment was due is that the contractor or first-tier subcontractor did not receive payment
from the City or contractor when payment was due. The interest penalty shall be:
A. For the period beginning on the day after the required payment date and ending on the
date on which payment of the amount is due made; and
B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of
performance of such contract condition, a provision requiring the first-tier subcontractor to include a
payment clause and an interest penalty clause conforming to the standards of section a. above in each of its
subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each
lower-tier subcontractor or supplier. [279C.580(4)]
C. The Contractor shall not request payment of any amount withheld or retained in accordance with
ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the
subcontractor is entitled to the payment of such amount. [279C.570(1)].
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract
pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a
party. The City shall not be included as a party in any administrative or judicial proceeding involving such
a dispute. [279C.580(2)]
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e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor
labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The
Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State
Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of
the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or
prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on
account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS
279C.505(1)(d)]
f. Pursuant to ORS 279C.515(l), if Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection
with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim
and charge the amount of the payment against funds due or to become due Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to
make payment to a person furnishing labor or materials in connection with the public improvement Contract
within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-
tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the
10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment
is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor
or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial
paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date
that is 30 days after the date when payment was received from the contracting agency or from the
contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived.
h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract, the
person may file a complaint with the Construction Contractors Board, unless payment is subject to a good
faith dispute as defined in ORS 279C.580.
i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not
relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims.
j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying
prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by
paying a living wage, as defined in this chapter, to all employees performing work under this contract and to
any subcontractor who performs 50% or more of the work under this contract. Contractor must post the
attached Living Wage Notice predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The
Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial
financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public
Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in
proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is
not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as
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
Ashland lee Rink Cover 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 Contractor shall assume this responsibility even if (a)
fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract
is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all
statutory or common law rights of defense and indemnification by the City. Such indemnification shall also
cover claims brought against City under state or federal workers compensation laws. Contractor shall also
defend and indemnify City from all loss or damage that may result from Contractor's wrongful or
unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as
may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of
the general liability or duty imposed upon the Contractor by this section. In the event any such action or
claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City,
defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the
City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense,
including attorney fees, suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as
described in Exhibit C. All costs for such insurance shall be borne 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
Ashland Ice Rink Cover 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,
copies of insurance policies shall be provided to the City. Contractor shall be responsible for all
deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds / Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2)
Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount
of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in
accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and
effect until compliance with and fulfillment of all terms and provisions of the Contract, including the
obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor
and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval
by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance,
in an amount equal to 10% of the final amount of the Contract. The City may permit the warranty amount
to be included in the initial performance and payment bonds. The warranty bond or other financial
assurance shall be in effect for a period of one year from the date of Final Completion. The City may
require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty
obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the
date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or
hand delivered no later than 120 days after the day the person last provided labor or furnished materials or
120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and
Industries last provided labor. The notice may be sent or delivered to the contractor at any place the
contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding
the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice .
required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor
or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. One-Year Warranty
a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall
make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to
the City, any and all defects, breaks, or failures of the work occurring within one year following the date of
completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other
improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or
slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in
performing its duties and obligations under this Contract when such defects or damage occur within the
warranty period. The one-year warranty period shall, with relation to such required repair, be extended one
year from the date of completion of such repair.
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section,
City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all
expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss
or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall
pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or
Surety from liability and payment of all such costs.
Ashland Ice Rink Cover 36
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or activities made
possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age,
sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity
Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment
practices and discrimination by employers against any employee or applicant for employment because of
race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older.
Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any
employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is
18 years or older or because of the race, religion, color, sex, national origin or age of any other person with
whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS
419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from
employment such individual or to discriminate against such individual in compensation or in terms,
conditions or privileges of employment. Any violation of this provision shall be considered a material
violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in
Part•(q)•
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the
contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste
material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)j
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 Aeencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Army Corps of Project Managers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Ashland Ice Rink Cover 37
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
Consumer & Business Services, Department of
Oregon Occupational Safety & Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Project Manager
State Land Board (Lands, Division of State)
Water Resources Department
Local Agencies:
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing
ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the
amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental
pollution and the preservation of natural resources occurring after the submission of the successful bid, the
City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference to known conditions at the construction site that may
require the successful bidder to comply with the ordinances, rules or regulations identified above. If
Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful
bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires
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
Ashland Ice Rink Cover 38
ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs
in regard to the condition encountered and described in subsection (3) of this section without written
direction from the contracting agency. Upon request by the City, the Contractor shall estimate the
emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the
encountered condition. This cost estimate shall be promptly delivered to the contracting agency for
resolution. Within a reasonable period of time following delivery of an estimate of this section, the City
may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
If the City chooses to terminate the contract under either subsection (a) of this section, the Contractor shall
be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable
profits, on the percentage of the work completed. The City shall have access to the contractor's bid
documents when making the contracting agency's determination of the additional compensation due to the
contractor. If the contracting agency causes work to be done by another contractor under either subsection
(c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor.
The change order under either subsection (f) of this section shall include the appropriate extension of
contract time and compensate the contractor for all additional costs, including overhead and reasonable
profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or
regulations. The City shall have access to the contractor's bid documents when making the contracting
agency's determination of the additional compensation due to the contractor.
Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural
resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation
documents.
34. Waiver
The failure of the City to enforce any provision of this Contract shall not constitute a waiver by the City of
that or any other provision. City shall not be precluded or estopped by any measurement, estimate or
certificate made either before or after completion and acceptance of work or payment therefore, from
showing the true amount and character of work performed and materials furnished by the Contractor, or
from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work
or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding
any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from
the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with
terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by
any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor
any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of
any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A
waiver of any breach of the Contract shall not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work
required under this contract without undue delays and without additional cost.
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
Ashland Ice Rink Cover 39
Contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought
in a federal forum, then it shall be brought and conducted in the United States District Court for the District
of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in
personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of
any form of defense or immunity.
37. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the contract did not contain the particular
term or provision held invalid.
38. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to
recover from the other party, in addition to costs and disbursements provided by statute, any sum which a
court, including any appellate court, may adjudge reasonable as attorney's fees.
39. Business License
The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to
beginning work under this contract. The Contractor shall provide a business license number in the space
provided in this contract.
40. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail.
Notices, bills, and payments sent by mail should be addressed as follows:
City: Steve Ennis, Project Manager
Steve Ennis Architect
P.O. Box 4051, 2870 Nansen Drive
Medford, OR 97501
541.618-9155
steveennis@uci.net
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In
all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to
be given by giving notice pursuant to this paragraph.
41. Conflict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of its services. The Contractor further
covenants that in the performance of this contract no person having any such interest shall be employed.
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.
Ashland Ice Rink Covcr 40
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFB?D 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.
Ashland Ice Rink Cover 41
BID S_ COLE
ASHLAND ICE RINK COVER
Pro'ect No. 000305.999
AESCRIPTI UNIT
TY. UNIT PRICE AMOUNT
FIGURES
Mobilization and Permits
Mobilization
for
1 Dollars 1 550.00 $ 550.00
Temporary Work zone & Traffic Control j LS
for
2 Dollars 11,600.00 1 1,600.00
1 LS
1?rosion Control
for
3 D°11ars 11, 200.00 1 1,200.00
Tree Protection LS
for
q Dollars $1,700.00 1,700.00
1 LS
Structures
Asr~halt Saw Cutter
for
5 Dollars 1 300.00 $ 300.00
Drilied Pier poundations 1
for
6 ollars 147,700.0 1 47,700.00
Concrete FOLndatlOna
for
Z D Lars 112,000.0 1 12,000.00
PoundationSteel Reinfo rcement 1 _
for
S llais 116,700.0 1 16,700.00
Asphalt Patchin LS
for
Q Dollars S. 1.000.0 $ 1, 000.00
1 LS
Roof Stmcture at Iola
for
10 f ollats 1140,000. (1 140,000.00
1 LS
Roof Stmctnre En ineerin -
f
11 ollar 13,750.00 1 3,750.00
Roof Structure Installation
for
12 Dollars 1 LS 143,000.0 1 43,000.00
Eneineerine
Construction Survey Work
for
13 Dollars LS $3,000.00 1 3 , 000.00
i
NO DESCRIPTION UNIT
TY UNIT PRICE AMOUNT
FI URE
BASE BID 272,500.00
OTAL OF ITEMS 1-13
Alternate Foundation
Microniles With Concrete Caps
for
Dollars include +foredd-pt.- for deduct to Items 6 - 8 1 LS 0 3,800.00 ~ ($3,800.00)
(BASE BID PLUS OR MINUS ALTERNATE FOUNDAASL B
M 268,700.00
Af!TUS
INC.
September 11, 2013
Ashland Parks and Recreation
Attn: Don Robertson, Director
340 South Pioneer Street
Ashland OR 97520
Re: Ashland Ice Rink Cover
Project No. 000305.999
Don,
Please find a list of possible cost reduction item ans foil ow~ s: -
1. MTY has offered a reduction for the "T_ t.,lnstall"
f'*
Package which would provide a savings of 4000.00) °
2. Owner to provide services for the "Wor"kZone an 'Traffic
Control" which would provide a saving/s~of 1 600 00)"r
3. Owner to provide services for the "Erosion Control" which 4x
would provide a savings of 1,2
00 00)°w
A
4. Owner to provide services for the "Tree Protection" which ;
$ 1 700 00)5.
would provide a savings of \~kkvghith~woulcl
Owner to provide services for the Surveor
provide a savings of ~J ($3,000.00)
a
6. Owner to provide services for the Concrete Work which~
would provide a savings of($,5,000.00)
~
7. Owner to provide servi~ces.for th `~..Asphalt,Pat~chwhich
would provide a savings of ($1000 00)
y
Items 1-7 would result in a cost sCyrrnalof, 17 00.00)
P.O. Box 1097~~Gold Hilo; O 975253`_
S°t ,,i{{ ~`ry}
Phone: 541.855.7177 • Fax: 541.855:7520 --E-mail: corey@yitusconstniction com ca CCB #63643 ;
Original Bid Amount $268,700.00
Items 1-7 Reduction in cost 17,500.00)
Revised Contract Amount $251,200.00
Please accept this revised quote of $251,200.00 (two hundred fifty one
thousand two hundred & 00/100 dollars) based on the original quote with
seven cost reducing items.
Thank you for the opportunity to re-evaluate this project.
Sincerely,
Corey E. Vitus
President .
a
f
I ~ y4X~f
3y
„Y
y Fy
Y
1
F
N
STEVE ENNIS ARCHITECT
TRANSMITTAL SHEET
'To: FROM
Rachel Dials Steve Ennis
Recreation Superintendent
COMPANY: DATE:
Ashland Parks and Recreation 9/13/13
ADDRESS:
340 South Pioneer Street
Ashland, OR 97520
RE:
Ashland Ice Rink Cover DELIVERED TO "RD
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
Rachel,
Attached are two sets of the following completed documents:
1. City of Ashland Public Improvement Contract (3 pages)
2. Certifications of Representation
3. Exhibit A (19 pages)
4. Bid Schedule (2 pages)
5. Vitus Construction 9/11/13 letter (2 pages)
Also attached is one copy of each of the following:
6. Vitus Construction W-9
7. Exhibit D (2 pages)
8. Performance Bond, Payment Bond & Power of Attorney (5 pages)
The only ting missing are the Insurance Certifications as required by Exhibit C (on page 45). Corey Vitus
expects those to be a-mailed any day. If you would like, the legal folks can call me directly in your absence.
j Sinc r y,
Steve Ennis
P. O. BOX 4051 - 2870 NANSEN DRIVE - MEDFORD, OR 97501
PHONE: (541) 618-9155 - FAX: (541) 618-9156
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
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.
Vitus Construction Inc. 9/9/13
Entity Signature Date
B. CONTRACTOR IS INDEPENDENT.
Independent Contractor Standards. As used in various provisions of ORS Chapters including but not
limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for
remuneration shall be considered to perform the labor or services as an "independent contractor" if the
standards of ORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional occupation
licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a
periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
(Check four or more of the following:)
X 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.
X B. Commercial advertising or business cards are purchased for the business, or Contractor has
a trade association membership.
X 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.
X E. Labor or services are performed for two or more different persons within a period of one
year.
X 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.
Ashland I;:c Rink Cmui a 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 Date
Aehland Ise Rink ('orcr 47
PERFORMANCE BOND
T u igncd Vitus Construction, Inc.
n>rincipal. further rc(crr in this bond as Conlrnct_o , and Developers Sure and Indemnity Company
as surety. funhcr rcfciTcd to in this n is Surety, arc j ing tlv and
several;ybound unto City of All land, as nhligcc. further referred to in this pond as Citytin the sum of
-Two Hundred Fifty-One Thousand Two Hundred and No/100---
Dollars($251,200.00
Coli pn(1 City have entered. inta.awritten contract dated September 9, 2013
for the following nroiect: Ashland Ice Hink Cover. This conftact is
further referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond arc:
1, if Contractor faithfully performs the Conhact in accordance wilh 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 dcf_ault. perform all of Contractor's obligations under the contract in
accordance with its terms and conditions and pay to City all damages that arc duc under the
Contract.
3. This bond is subiect to claims under ORS 279C.380 through 279C.390.
4. This obligati 'o'nly and severally binds Contractor an S 'et and their re;p .e. ve burs
gxccutors, administrators. successors.
S. Surcty waives ngticc of modification of the Conlract or extension of the Contract time.
6. Nonnaymcnt of the bond premium shall not invalidate this bon
7. The bond number and the mate. address and telephone number of the agent @uthorizcd to
receive notices concerning this bond arc as follows
Bond Number: 754773P
Bond Agent: Anchor Insurance & Surety, Inc. Brent Olson
Address: 1201 SW 12th Avenue, #500
Portland, OR 97205
Telephone: 503-224-2500
SIGNED this 9th day of September 2013.
I., Vml, 49
WITNESS: YLRFO&MANCG AOND PeYC 2
CONTRACTOR: Vitus Construction, Inc.
(Corporate Scal) By vJ~
Title: Pr. Z tiyL~ -
Legal Address: 1912 Second Avenue
Gold Hill OR 97525
Attest:
Corporate Secretary
WITNESS:
SURETY: Developers Surety and Indemnity Company
(Corporate Scal) BY: 1
Title: Tami ]ones, Attorney-in-Fact
Legal Address: Five Centerpointe Drive, Suite 530
Lake wego, O R_97035
Attest:
lmul~
W fitness for rety Corporatc Sec etary .\>LLunI he Itud: t o<<r s0
PAYMENT BONE)
The mlt erg igned Vitus Construction, Inc.
as ILijncipal further referred to in Ihrs bond as Couh•actor. and Developers Surety and Indemnity Company
as surely, further referred to in this bond as Surcly, me jointly and
scvcral ound unto. it of Ashland, as obli¢ee further rcfefrcd to in this pd.as ity, jn tlu slim of
Two Hundred Filly-One Thousand Two Hundred and No/100--
20 tars 251,200.00-- i,
Qonlrador and it .have entered into a wrioen cQOEgct dated September 9, 2013
for the following proiect• Ashland Ice Rink Cover. 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 Contact 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 279..600 through 2790.620.
4. This obligation jointly and severally bind"ontractor and, Surety and their respcctive heirs,
executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of th
c Contract tinrc,
6. Nonpayment of the bond ~iiuin shall not invalidate this bon1
7. he bond number and_thc name, address. and telephone number of thr agent authorized to
f,;Lcivc notices concerning this bond are as follows;
Bond Number. 754773P
Bond Agent: Anchor insurance & Surety, Inc. Brent Olson
Address: 1201 SW 12th Avenue, #500
Portland, OR 97205
Tc l cp h one: 503-224-2500
SIGNED this 9th day of September 2013.
1%M.md Ira It url: t ou•r 51
I'AYMENT BOND Page
WITNESS:
CONTRACTOR: Vitus Construction, Inc.
By:
(Corporate Scat) Titic: ~j-e e'aL~
Legal Address: 1912 Second Avenue
Gold Hill, OR/975-25
Attest: ~ L
Corporate Secretary
WITNESS:
SURETY: Developers Sure and Indemnity Company
(Corporate Seal) By.
Title: Tami Jones, Attorney-in-Fact
Legal Address: Five Centerpointe Drive, Suite 530
L Oswego, OR 97035
Attest:
Witness f r Surety Corporate Sccrctal~
.`.ehl.nul Lr t;a~!: Cncr~ 52
• POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
"'Brent Olson, Richard W. Kowalski, John D. Klump, Vicki Mather, Philip O. Forker, Gloria Bruning, Gene M. Dietzman, James P.
Dooney, J Patrick. Dooney, Joel Dietzman, Christopher A. Rebum, Karen A. Pierce, Ray M. Paiement, Tam! Jones, jointly or
severally"'
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
surety.
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as
each of
said corporations could do, but reserving to each of said corporabons full power of substitution and revocation, and all of the acts of said Aftomey(sHn-Fact, pursuant to these
presents,
are hereby Willed and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Yce-President, Senior Vice-President or any Vice President of the
corporative be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of
the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;_
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cerfificale relating thereto by facsimile, and any such
Power of Attorney or cenficete bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary a Assistant Secretary this January 1 st, 2008.
By: ."T~. AIN jH• ti QANY
Daniel Young, Vice-President ;.yJPf;o pp'RgrOFb Al ppR0 T
wf OCT Pi.<E ti24 OCT.5
2 O
By: ~ 10 ar: O
>o. ioF 1967
Stephen T. Pale, Senior Vice-president 1936 w 'yC /FO ..;w......
P~ d
State of California
County of Orange
On January 312011 before me, Antonio Alvarado Notary Public
Dale Here Insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T Pate
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in histherttheir authorized
ANTONto ALVARADO~ wpadty(ies), and that by histherMeir signalure(s) on the instrument the person(s), or the airily upon behalf of
COMM1111880649 which the person(s) acted, executed the instrument.
NOVIN PUBLIC=JFOR OA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
OAMMECOUNTY tZi We and correct.
roman, mom Aug. 9. 2013
WITNESS my hand and official seal. 64awoao-
Place Notary Seal Above Signature Alvarado, Notary Public
Antonio /
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certity that the foregoing Power ofAftorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors
of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in/thheeeCCity of Irvine, California, thisc1lil,'x day of ~ 20~
By: v V eL~W
'Gregg Okur , istant Secretary
ID-1380(Rev.01111)
/i"a"i VITUS-1 OP ID: LB
)
'4
411.1.1111 ° CERTIFICATE OF LIABILITY INSURANCE 0 D9/13/2013
09/13/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 503-224-2500 CONTACT
Anchor Insurance & Surety, Inc PHONE LISA BURNHAM FAX
1201 SW 12th Ave., Suite 500 Fax: 503-224-9830 aC o. EXO; 503-224-2500 Arc No :
Portland, OR 97205-2030 E-MAIL
Brent Olson ADDRESS: LBURNHAM@ANCHORIAS.COM
INSURERS AFFORDING COVERAGE NAIC#
INSURER A: Bituminous casualty Corp
INSURED VITUS CONSTRUCTION INC. INSURERB:SAIF Corporation 36196
PO BOX 1097
GOLD HILL, OR 97525 INSURERC:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL UB POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMI DIYYYY LIMITS INSIR MD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY CLP3588695 0611812013 0611812014 PRE~MISESEa occurrence S 100,00
CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,00
PERSONAL &ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATELIMIT APPLIES PER PRODUCTS -CONI AGG $ 2,000,00
POLICY X PRO LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00
Ea accident $
A X ANY AUTO CAP3588696 06/18/2013 06/18/2014 BODILY INJURY (Per Person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accitlenl) $
$
X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE
AUTOS Per accident
$
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DIED RETENTION$ $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS' LIABILITY T ER YIN B ANY PROPRIETORIPARTNER/EXECUTIVE F-- 811648 10/01/2013 10/01/2014 EL EACH ACCIDENT $ 1,000,00
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in Ni EL.DISEASE -EA EMPLOYE $ 1,000,00
It yes, describe under
DESCRIPTION OF OPERATIONSins. EL. DISEASE - POLICY LIMIT $ 1,DDD,DD
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Honors space Is required)
PROJECT NO. 000305.999 ASHLAND ICE RINK COVER. The City of Ashland,
its officers, agents and employees are additional insured under
the general liability for both on going and completed operations
and as additional insured under auto liability as per provisions
of attached endorsements GL-3084 (096/11) and A-2931 (11/99).
CERTIFICATE HOLDER CANCELLATION
CITYO-8
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.
95 WINDBURN WAY
ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUILDERS EXTENDED LIABILITY COVERAGE
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
It is agreed that the provisions listed below apply only upon the entry of an XQ In the box next to the caption
of such provision.
A. -X] Partnership and Joint Venture Extension N. OX Construction Project General Aggregate Limits
B. F-X I Contractors Automatic Additional Insured 0. ❑X Fellow Employee Coverage
Coverage - Ongoing Operations
P. 0 Property Damage Liability - Elevators
C. XCJ Automatic Waiver of Subrogation
O. QX Property Damage to the Named Insured's Work
D. ~ Extended Notice of Cancellation, Nonrenewai
R. IF-AX-11 Care, Custody or Control
E. [~X Unintentional Failure to Disclose Hazards
S. O Concrete Rework Labor Reimbursement
F. FX Broadened Mobile Equipment Coverage
G. OX Personal and Advertising Injury - Contractual T. QX Lost Key Coverage
Coverage
U. ❑X Electronic Data Liability Coverage
H. Q Nonemployment Discrimination
V. 0 Consolidated Insurance Program Residual
1. Q Liquor Liability Liability Coverage
J. 0 Broadened Conditions W Q Automatic Additional Insureds - Managers or
Lessors of Premises
K. r-v Automatic Additional Insureds - Equipment
Leases- - OX Automatic Additional Insureds - Slate or
Governmental Agency or Political
L. Q Insured contract Extension - Railroad Property Subdivisions - Permits or Authorizations
and Construction Contracts
Y. FX Contractors Automatic Additional Insured
M. Q Turnkey Jobs - Coverage For Alienated Coverage - Completed Operations
Premises
Z. rj-Av-11 Additional Insured - Engineers, Architects or
Surveyors
A. PART14ERSHIP AND JOINT VENTURE EXTENSION
The following provision Is added to SECTION II - WHO IS AN INSURED:
The last full paragraph which reads as follows:
No person or organization is an insured with respect to the conduct of any current or past partnership,
joint venture or limited liability company that Is not shown as a Named Insured in the Declarations.
GL-3084 (09/11) -1-
Is deleted and replaced with the following:
With respect to the conduct of any past or present joint venture or partnership not shown as a Named
Insured in the Declarations and of which you are or were a partner or member, you are an insured, but
only with respect to liability arising out of 'your work' on behalf of any partnership or joint venture not
shown as a Named Insured In the Declarations, provided no other similar liability insurance is
available to you for 'your work' in connection with your Interest In such partnership or joint venture.
B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE -ONGOING OPERATIONS
SECTION 11 - WHO IS AN INSURED is amended to include as an additional Insured any person or
organization who Is required by written contract to be an additional Insured on your policy, but only with
respect to liability for "bodily Injury', 'property damage' or 'personal and advertising injury' caused, in
whole or in part, by:
1. Your acts or omissions; or
2. ' The acts or omissions of those acting on your behalf;
In the performance of your ongoing operations for the additional insured(s) at the project(s) designated in
the written contract.
With respect to the insurance afforded to these additional Insureds, the following additional exclusions
apply:
This insurance does not apply to 'bodily Injury" or 'property damage' occurring after:
1. All work, including materials, parts or equipment furnished In connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or on behalf of the additional
Insured(s) at the location of the covered operations has been completed; or
2. That portion of 'your work' out of which the Injury or damage arises has been put to its Intended use
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.'
This Insurance Is excess of all other insurance available to the additional insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this insurance will be primary relative to Insurance policy(s) which designate the additional insured
as a Named Insured in the Declarations and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
insurance under which the additional insured qualifies as an Insured or additional Insured, this insurance
will be excess.
C. AUTOMATIC WAIVER OF SUBROGATION
Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced
with the following:
8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation.
a. If the insured has rights to recover all or part of any payment we have made under this
Coverage Form, those rights are transferred to us. The insured must do nothing after loss to
impair those rights. At our request, the Insured will bring 'suit' or transfer those rights to us and
help us enforce them.
b. If required by a written contract executed prior to loss, we waive any right of recovery we may
have against any person or organization because of payments we make for injury or damage
arising out of "your work" for that person or organization.
GL-3084 (09111) .2-
D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL
Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following:
A.2.b. 60 days before the effective date of the cancellation If we cancel for any other reason.
Item 9, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Is deleted and replaced
with the following:
9. WHEN WE DO NOT RENEW
a. If we choose to nonrenew this policy, we will mall or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal not less than 60 days before the expiration
date.
b. If we do not give notice of our intent to nonrenew as prescribed In a. above, it Is agreed that you
may extend the period of this policy for a maximum additional sixty(60) days from its scheduled
expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates
will remain in effect during that extension period. It Is further agreed that so long as it is not
otherwise prohibited by law, this one time sixty day extension Is the sole remedy and liquidated
damages available to the insured as a result of our failure to give the notice as prescribed in 9.
a. above.
E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Although we relied on your representations as to existing and past hazards, if unintentionally you should
fall to disclose all such hazards at the inception date of your policy, we will not deny coverage under this
Coverage Form because of such failure.
F. BROADENED MOBILE EQUIPMENT
Item 12.b, of SECTION V - DEFINITIONS, is deleted and replaced with the following:
12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or
occupy.
0. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE
Exclusion 2.e. of SECTION I, COVERAGE B is deleted.
H. NONEMPLOYMENT DISCRIMINATION
Unless 'personal and advertising injury' Is excluded from this policy:
Item 14, of SECTION V - DEFINITIONS, Is amended to include:
"Personal and advertising Injury' also means embarrassment or humiliation, menial or emotional
distress, physical Illness, physical Impairment, loss of earning capacity or monetary loss, which is
caused by "discrimination.'
SECTION V - DEFINITIONS, is amended to Include:
'Discrimination' means the unlawful treatment of individuals based on race, color, ethnic origin, age,
gender or religion.
GL-3084 (09/11) -3-
i ,
l
Item 2. Exclusions of SECTION 11 COVERAGE B, is amended to include:
'Personal and advertising injury' arising out of 'discrimination' directly or Indirectly related to the past
employment, employment or prospective employment of any person or class of persons by any
Insured.
'Personal and advertising injury' arising out of 'discrimination' by or at your, your agents or your
'employees' direction or with your, your agents or your 'employees' knowledge or consent.
'Personal and advertising Injury' arising out of 'discrimination' directly or indirectly related to the sale,
rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent
lodging or premises by or at the direction of any insured.
Fines, penalties, specific performance or injunctions levied or Imposed by a governmental entity, or
governmental code, law, or statute because of 'discrfminatlon "
I. LIQUOR LIABILITY
Exclusion 2.c. of SECTION I, COVERAGE A, Is deleted.
J. BROADENED CONDITIONS
Items 2.a. and 2,11e. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted
and replaced with the following:
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit:
a. You must see to it that we are notified of an "occurrence' or an offense which may result in a
claim as soon as practicable after the 'occurrence' has been reported to you, one of your
officers or an 'employee' designated to give notice to us. Notice should Include:
(1) How, when and where the 'occurrence' or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any Injury or damage arising out of the 'occurrence" or offense.
b. If a claim Is made or 'suit' Is brought against any Insured, you must:
(1) Record the specifics of the claim or 'suit' and the date received as soon as you, one of
your officers, or an "employee' designated to record such Information Is notified of it; and
(2) Notify us In writing as soon as practicable after you, one of your officers, your legal
department or an 'employee' you designate to give us such notice learns of the claims or
'suit.'
Item 2.e, is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS:
2.s. If you report an 'occurrence' to your workers compensation insurer which develops into a liability
claim for which coverage is provided by the Coverage Form, failure to report such 'occurrence' to us
at the time of "occurrence' shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c.
However, you shall give written notice of this 'occurrence' to us as soon as you are made aware of
the fact that this 'occurrence' may be a liability claim rather than a workers compensation claim.
K. AUTOMATIC ADDITIONAL INSUREDS -EQUIPMENT LEASES
SECTION it - WHO IS AN INSURED Is amended to include any person or organization with whom you
agree in a written equipment lease or rental agreement to name as an additional Insured with respect to
liability for'bodily injury', "property damage' or'personal and advertising injury' caused, at least in part, by
your maintenance, operation, or use by you of the equipment leased to you by such person or
organization, subject to the following additional exclusions.
The insurance provided to the additional Insured does not apply to:
1. 'Bodily Injury' or "property damage' occurring after you cease leasing the equipment.
2. 'Bodily Injury' or "property damage' arising out of the sole negligence of the additional Insured.
3. 'Property damage' to:
a. Property owned, used or occupied by or rented to the additional Insured; or
b. Property in the care, custody or control of the additional Insured or over which the additional
insured Is for any purpose exercising physical control.
This insurance is excess of all other insurance available to the additional Insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this Insurance will be primary relative to insurance policy(s) which designate the additional insured
as a Named Insured in the Declarations and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
insurance under which the additional Insured qualifies as an insured or additional insured, this insurance
will be excess.
L. INSURED CONTRACT EXTENSION -RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS
Item 3, of SECTION V • DEFINITIONS, is deleted and replaced with the following.
8. 'Insured Contract' means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that Indemnities any person or organization for damage by fire to premises while rented to you
or temporarily occupied by you with permission of the owner is not an "insured contract';
h. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with
work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (Including an
indemnification of a municipality in connection with work performed for a municipality) under
which you assume the tort liability of another party to pay for "bodily Injury' or 'property
damage' to a third person or organization. Tort liability means a liability that would be imposed
by law in the absence of any contract or agreement,
Paragraph f. does not include that part of any contract or agreement:
(1) That Indemnities an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
GL-3084 (09/11) -5-
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an,
injury or damage arising out of the insured's rendering or failure to render professional
services, Including those listed In (1) above and supervisory, inspection, architectural or
engineering activities.
M. TURNKEY JOBS - COVERAGE FOR ALIENATED PREMISES
It is agreed that:
Exclusion 2.1.(2) of SECTION I, COVERAGE A, does not apply if the premises are 'your work' and were
not occupied, rented or held for rental by you for more than 12 months after completion.
N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS
This modifies SECTION III - LIMITS OF INSURANCE.
A. For all sums which can be attributed only to ongoing operations at a single construction project for
which the insured becomes legally obligated to pay as damages caused by an 'occurrence' under
SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -
COVERAGE C:
1. A separate Construction Project General Aggregate Limit applies to each construction project,
and that limit is equal to the amount of the General Aggregate Limit shown In the Declarations.
2. The Construction Project General Aggregate Limit is the most we will-pay for the sum of all
damages under COVERAGE A, except damages because of 'bodily injury' or 'properly
damage' Included in the 'products-completed operations hazard,' and for medical expenses
under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or'sults' brought; or
c. Persons or organizations making claims or bringing 'suits.'
3, Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the Construction Project General Aggregate Limit for that construction
project. Such payments shall not reduce the General Aggregate Limit shown In the
Declarations nor shall they reduce any other Construction Project General Aggregate Limit for
any other construction project.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limit shown In
the Declarations, such limits will be subject to the applicable Construction Project General
Aggregate Limit.
B. For all sums which cannot be attributed only to ongoing operations at a single construction project
for which the insured becomes legally obligated to pay as damages caused by an 'occurrence'
under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under
SECTION I - COVERAGE C:
1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the amount available under the General Aggregate Limit or the Products-
Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate Limit.
GL-3084 (09/11) .6-
C. Payments for damages because of "bodily injury' or 'property damage' included in the 'products-
completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and
not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.
0. If a construction project has been abandoned, delayed, or abandoned and then restarted, or If the
authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,
the project will still be deemed to be the same construction project.
E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this
endorsement shall continue to be applicable.
0. FELLOW EMPLOYEE COVERAGE
Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, Is deleted and replaced with the
following:
2.e. 'Bodily Injury' to
(1) An 'employee" of the Insured arising out of and In the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the Insured's business; or
(2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph
(1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay damages
because of the Injury.
This exclusion does not apply to:
(1) Liability assumed by the insured under an 'Insured contract; or
(2) Liability arising from any action or omission of a co-'employee' while that co-'employee" is
either in the course of his or her employment or performing duties related to the conduct of your
business.
Item 2.a.(1)(a) of SECTION It - WHO IS AN INSURED, is deleted and replaced with the following:
2.a.(1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your
members (if you are a limited liability company), or to your 'volunteer workers" while
performing duties related to the conduct of your business.
P. PROPERTY DAMAGE LIABILITY -ELEVATORS
"Properly damage' liability Is changed as follows:
1. Exclusions 2.1.($) and 2,1.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators.
2. The insurance afforded by reason of this provision is excess over any valid and collectible property
insurance (including any deductible portion thereof) available to the insured whether primary,
excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed
accordingly.
GL-3084 (09/11) -7-
O. PROPERTY DAMAGE TO THE NAMED INSUREDS WORK '
Exclusion I of SECTION I, COVERAGE A. Is deleted and replaced with the following:
1. Damage to Your Work
"Properly damage" to 'your work' arising out of it or any part of it and included in the 'products
completed operation hazard."
This exclusion applies only to that portion of any loss In excess of $50,000 per occurrence if the
damaged work and the work out of which the damage arises was performed by you.
This exclusion does not apply if the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor.
R. CARE, CUSTODY OR CONTROL
Exclusion 2.JA of SECTION 1, COVERAGE A. Is deleted and replaced with the following:
2.1.4 Personal property in the care, custody or control of the insured. However, for personal property in
the care, custody or control of you or your 'employees," this exclusion applies only to that portion of
any loss in excess of $25,000 per occurrence, subject to the following terms and conditions;
(a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless
of the number of occurrences.
(b) This provision does not apply to 'employee' owned property or any properly that is missing
where there is not physical evidence to show what happened to the property.
(c) The aggregate limit for this coverage provision Is part of the General Aggregate Limit and
SECTION III - LIMITS OF INSURANCE is changed accordingly.
(d) In the event of damage to or destruction of property covered by this exception, you shall, if
requested by us, replace the property or furnish the labor and materials necessary for repairs
thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature.
(e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as
damages on account of damage to or destruction of all property of each person or organization,
Including the loss of use of that property, as a result of each 'occurrence.' Our limit of liability
under the endorsement as being applicable to each 'occurrence' shall be reduced by the
amount of the deductible Indicated above; however, our aggregate limit of liability under this
provision shall not be reduced by the amount of such deductible. The conditions of the policy,
Including those with respect to duties in the event of 'occurrence," claims or "suit' apply
irrespective of the application of the deductible amount. We may pay any part or all of the
deductible amount to effect settlement of any claim or 'suit' and, upon notification of the action
taken, you shall promptly reimburse us for such part of the deductible amount as has been paid
by us.
S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE
As it applies to this coverage,
SECTION 1- COVERAGE A is amended as follows:
1. Insuring Agreement, is deleted and replaced by the following:
We will reimburse you for your direct labor expense associated with your "concrete rework" which
was performed by you during the policy period due to the original "concrete product" failing to meet
contractual specifications as ordered for the job or accepted industry standards for its specific
GL-3084 (09/11) -8-
intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited
Independent testing agency.
2. Exclusions, is deleted and replaced by the following:
The insurance provided by this endorsement does not apply to:
a. 'Cosmetic Defects'
b. Loss of use
c. Changes to the 'concrete product' contractual specifications not acknowledged by the named
Insured in writing prior to the beginning of the job
d. 'Loss' arising from the 'subsidence' of land
e. 'Loss' arising from work performed on your behalf by a subcontractor, except for the supply of
the concrete product'
f. Cost of materials used In the installation of the 'concrete product' or 'concrete rework'
g. Damages or 'loss' that is covered by a Property or Inland Marine coverage form for your
financial interest in your project and structures
h. 'Loss" unless the 'concrete rework' is completed within one year from the completion of the
original "concrete product" installation performed by you
1. 'Loss' caused by the failure to order the 'concrete product' as required:
a. In the contractual specifications; or
b. By accepted Industry standards for its specific intended use
j. 'Loss' expected or Intended from the standpoint of the Insured
Ir, 'Concrete product" supplied by you
SECTION III - LIMITS OF INSURANCE Is amended to include the following.
1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the
number of
a. Insureds covered under this insurance;
b. "Concrete rework" projects to which this Insurance applies.
'Concrete Rework' Project Limit $50,000
'Concrete Rework' Policy Aggregate Limits $50,000
'Concrete Rework' Deductible $ 1,000
2. The 'Concrete Rework' Project Limit shown above is the most we will reimburse you for your direct
labor expense arising out of any single "concrete rework' project.
3. Subject to 2. above, the 'Concrete Rework' Policy Aggregate Limit shown above is the most we will
reimburse you for your direct labor expenses for the sum of all 'concrete rework' projects.
GL-3084 (09/11) -9-
4. The "Concrete Rework° Project Limit and the 'Concrete Rework' Policy Aggregate Limits shall be
Included within and not be In addition to the General Aggregate Limit or the Products-Completed
Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in
SECTION III • LIMITS OF INSURANCE.
5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of
the 'Concrete Rework° Deductible stated above. This deductible shall apply separately to each
'concrete rework' project.
The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with either the beginning of the policy period shown In
the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is
extended after issuance for an additional period of less than 12 months the additional period will be
deemed part of the preceding period for purposes of determining the Limits of Insurance.
SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
Item 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Is deleted and replaced by the
following:
2. Duties in The Event Of Occurrence, Offense, Claim Or Suit
a. You must see to it that we are notified prior to completing the 'concrete rework' which may
result in labor reimbursement. Notice should include:
(1) How, when and where the incident took place;
(2) The names and addresses of any witnesses, and
(8) The estimated labor expense for the "concrete rework'
b. You must promptly take all steps to minimize the expenses involved.
c. You must cooperate with us and upon request, assist in enforcing any right of contribution or
Indemnity against any person or organization.
d. You must provide us with proof of loss and any other required documents within 60 days of our
request. You must also permit us to examine and copy any of your books and records at any
reasonable time. You, your 'employees' and your agents must, if we require you to, submit to
examination under oath at such times as may be required, and sign a copy of the examination.
e. No insureds will, except at their own cost, assume any obligation, or Incur any expense without
our consent.
SECTION V - DEFINITIONS is amended to add the following:
'Concrete rework' means the alteration,:repalr, removal or replacement of a "concrete product"
"Concrete product° means any product you directly Install consisting of concrete, cement, sand, mortar mix
or related materials
'Cosmetic defects' means a superficial or surface defect that does not affect the structural integrity of the
°concrete product'
'Loss' means your direct labor expense associated with a °concrete rework' project
'Subsidence` means earth movement, Including but not limited to:
a. Landslide;
GL-3084 (09/11) -10-
b. Mud flow;
C. Earth sinking;
d. Earth rising;
a. Collapse or movement of fill;
L Improper compaction;
g. Earth settling, slipping, falling away, caving In, eroding, tilting or shifting;
h. Earthquake; or
1. Any other movement of land or earth.
T. LOST KEY COVERAGE
As it applies to this coverage,
SECTION 1, COVERAGE A, is amended to include as follows:
We will pay those sums, subject to the limits of liability and deductible stated herein, that you become
legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in
the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages
covered by this endorsement are limited to the:
1. Actual cost of the keys;
2. Cost to adjust locks to accept new keys; or
3. Cost of new locks, if required, Including the cost of Installation.
Item 2. Exclusions of SECTION I, COVERAGE A, is amended to include the following:
1. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured.
2. Any resulting loss of use from the loss or mysterious disappearance of keys; or
3. Any of the following acts by any insured, employees of any Insured, or anyone acting on behalf of
any insureds:
a. Misappropriation;
b. Concealment;
c. Conversion;
d. Fraud; or
e. Dishonesty
Exclusions 2.j.(3) and 2.1.(4) of SECTION I, COVERAGE A do not apply to Lost Key Coverage.
SECTION III - LIMITS OF 114SURANCE is amended to include the following:
1. The Lost Key Coverage Occurrence Limit shown below Is the most we will pay for each occurrence
for damages for Lost Key Coverage provided in this endorsement.
GL-3084 (09/11) -11-
2. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for Ail
occurrences covered by this endorsement during the policy period.
Lost Key Coverage Occurrence Limit $50,000
Lost Key Coverage Policy Aggregate Limit $50,000
Lost Key Coverage Deductible $ 1,000
3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the
General Aggregate Limit or- the Products-Completed Operations Aggregate Limit (whichever
applies), as stated in the declarations and as described in SECTION III - LIMITS OF INSURANCE.
Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages
in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence"
basis.
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit"and, upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
U. ELECTRONIC DATA LIABILITY COVERAGE
1. Exclusion 2.p. Electronic Data of SECTION 1, COVERAGE A, is deleted and replaced with the
following:
2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to
access, or inability to manipulate "electronic data" that does not result from physical injury to
tangible property.
2. The following definition is added to SECTION V- DEFINITIONS:
"Electronic data" means information, facts or programs stored as or on, created or used on, or
transmitted to or from computer software (including systems and applications software), hard or
floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are
used with electronically controlled equipment.
3. For the purposes of this coverage, the definition of "property damage" in SECTION V
DEFINITIONS is replaced by the following:
"Property damage" means:
e. Physical Injury to tangible property, including all resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time of the physical injury that caused It;
b. Loss of use of tangible property that Is not physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence' that caused it; or
C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly
manipulate "electronic data', resulting from physical injury to tangible property. All such loss
of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused It.
For the purposes of this Insurance, "electronic data' Is not tangible property.
V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE
With respect to "bodily injury', "properly damage", or 'personal and advertising injury' arising out of your
ongoing operations; or operations included within the "products-completed operations hazard", the policy to
GL-3084 (09/11) -12-
which this coverage is attached shall apply as excess insurance over coverage available to'Vou" under a
Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors
Controlled Insurance Program).
Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a
"residential project" or any deductible or insured retention, specified in the Consolidated Insurance
Program.
The following is added to Section V- Definitions
"Residential project" means any project where 30% or more of the total square foot area of the structures
on the project Is used or is Intended to be used for human residency. This Includes but Is not limited to
single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments and appurtenant structures (Including pools, hot tubs, detached garages, guest houses or
any similar structures). A "residential project" does not include military owned housing, college/university
owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons.
All other terms, provisions, exclusions and limitations of this policy apply.
W. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OF PREMISES
SECTION it - WHO IS AN INSURED is amended to include:
Any person or organization with whom you agree In a written contract or written agreement to name as an
additional insured but only with respect to liability arising out of the ownership, maintenance or use of that
part of the premises, designated in the written contract or written agreement, that is leased to you and
subject to the following additional exclusions:
This insurance does not apply to:
Y. Any "occurrence' which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the
additional insured fisted in the written contract or written agreement.
This insurance is excess of all other insurance available to the additional Insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that
event, this insurance will be primary relative to insurance pollcy(s) which designate the additional insured
as a Named Insured in the Declarations and we will not require contribution from such insurance if the
written contract also requires that this Insurance be non-contributory. But with respect to all other
insurance under which the additional insured qualifies as an insured or additional insured, this insurance
will be excess.
X. AUTOMATIC ADDITIONAL INSUREDS - STATE OR GOVERNMENTAL AGENCY OR POLITICAL
SUBDIVISIONS- PERMITS OR AUTHORIZATIONS
SECTION 11 - WHO IS AN INSURED is amended to Include any state or governmental agency or
subdivision or political subdivision with whom you are required by written contract, ordinance, law or
building code to name as an additional Insured subject to the following provisions:
This insurance applies only with respect to operations performed by you or on your behalf for which the
state or governmental agency or subdivision or political subdivision has issued a permit or authorization.
This Insurance does not apply to:
e. "Bodily Injury", "property damage" or "personal and advertising injury" arising out of operations
performed for the federal government, state or municipality; or
b. "Bodily Injury" or "property damage" included within the "products-completed operations hazard".
GL-3084 (09/11) -13-
This insurance is excess of all other insurance available to the additional insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this Insurance to be primary
. In that
event, this Insurance will be primary relative to insurance pollcy(s) which designate the additional insured
as a Named Insured in the Declarations and we will not require contribution from such Insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
Insurance under which the additional insured qualifies as an insured or additional Insured, this insurance
will be excess.
Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE-COMPLETED OPERATIONS
SECTION 11 - WHO IS AN INSURED Is amended to include as an additional insured any person or
organization who is required by written contract to be an additional insured on your policy for completed
operations, but only with respect to liability for 'bodily Injury' or 'properly damage' caused, in whole or in
par[, by 'your work' at the project designated in the contract, performed for that additional Insured and
Included in the "products-completed operations hazard'.
This insurance is excess of all other insurance available to the additional Insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that
event, this Insurance will be primary relative to insurance pollcy(s) which designate the additional insured
as a Named Insured in the Declarations and the will not require contribution from such Insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
insurance under which the additional Insured qualifies as an insured or additional insured, this insurance
will be excess.
z. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS
SECTION 11 - WHO IS AN INSURED is amended to Include as an additional Insured any architect,
engineer or surveyor who is required by written contract to be an additional Insured on your policy, but only
with respect to liability for "bodily injury", 'property damage' or 'personal and advertising Injury' caused, In
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations performed by you or on your behalf.
This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually
required to be added as an additional insured to your policy.
With respect to the insurance afforded to these additional Insureds, the following additional exclusion
applies:
This Insurance does not apply to 'bodily injury% "property damage' or "personal and advertising Injury"
arising out of the rendering of or the failure to render any professional services, Including:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; or
2. Supervisory, inspection or engineering services.
This Insurance is excess of all other insurance available to the additional Insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this insurance will be primary relative to Insurance pollcy(s) which designate the additional insured
as a Named Insured In the Declarations and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
insurance under which the additional insured qualifies as an insured or additional insured, this insurance
will be excess.
GL-3084 (09/11) -14-
OMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED e SPECIFIC ENTITIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
WHO IS AN INSURED is changed to Include as an "insured" the person or organization named in this
endorsement. However, the additional insured is an "Insured" only for "bodily injury' or "property damage"
arising out of work or operations performed by you or on your behalf for the additional insured and resulting
from the ownership, maintenance or use of a "covered auto," by:
1. You, or
2. Any of your employees or agents; or
3. Anyone other than the additional insured or any employee or agent of the additional Insured, while using
with your permission a covered "auto" you own, hire or borrow.
ADDITIONAL INSURED:
Any person or organization for whom the named insured has agreed by written
"insured contract" to designate as an additional insured subject to all the
provisions and limitations of this policy.
A-2931 (11199)
CITY RECORD ER
Page 1 / 1
a.
tY
Ashland PBCIC COmmISSIOII .DATE PO NUMBER
20 E MAIN ST. 9/19/2013 00281
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 004304 SHIP TO:
VITUS CONSTRUCTION INC
1912 SECOND AVENUE
GOLD HILL, OR 97525
FOB Point: Req. No.:
Terms: net Dept.:
Req. Del. Date: Contact: Rachel Dials
Special Inst: Confirming? NO
Quanti Unit Description - Unit Price' ' Ext. Price
Ice Rink Cover Project 251,200.00
Public Improvement Project
Approved by City Council 09/1712013
SUBTOTAL 251200.00
BILL TO: TAX 0.00
FREIGHT 0.00
TOTAL 251.200.00
Account Number Project Number Amount - Account Number - Project Number Amount.
E 411.12.00.00.70300 E 000045.999 251 200.00
Uthorized Sionature VENDOR COPY
FORT4 #3 , J CITY OF
ASHLAND
A request gar a Purchase Order '
fl
REQUISITION Date of request:
Required date for delivery: I
Vendor Name ~~1111J (fY1•iYLUP nyo
Address, City, State, Zip 1(A12 '-,eLoyd Ayc- k g ~o I ho- CyL q-FjZS
Contact Name & Telephone Number
Sul.~~ _ I I j
Fax Number
L CSLtt F~5 5217
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: Eq Invitation to Bid (CopieZs n fl) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Da a approved by Council: 1 ptl I.~ ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon
❑ Direct Award Dale approved by Council: Contract #
❑ Verballil itten quote(s) or proposal(s) ❑ Stale of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form 94, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5.000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I
Description of SERVICES Total Cost
.2•w(c CouVrc pw~tc t - $ 25 I, Z DO -
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
I
TOTAL COST
Per attached quotelproposal $
Z5 I
Project Number[~~}jS ROty AccountNumber}J1-L2-Ill2i2~2-3o3u~?D I `
Account Number Account Number -
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
tTDirector Date Support -Yes/No
y signing Di s re 0isition form, certify that the City's public contracting requirements have en satisfied.
Employee Signur2 1Department Head Sig ature:
gawl to or_greater than $5,000)
City Administrator: c e
(E~ual to or greater than $25,000)
Funds appropriated for current fiscal year EE l NO rL~ ~~LVZU13
Finance Director- (Equal too earerthan $5,000) Date'
Comments:
Form #3 -Requisition
CITY OF
FORM #12 -ASHLAND
REQUEST FOR BUDGET REVIEW
To: Lee Tuneberg, Finance Director
From: Dori Robertson, Parks and Recreation Director
Date: 9-19-13
Re: Request for Budget Review to Verify Adequate Funds. Available
In accordance with AMC 2.50.080(A).for Formal, Processes, the Finance Director must sign off that tl ere are afipropriate funds
for the project before the project is put out for bids. (Note: The department is to request by inemo a budget review to the.
Finance Director to ensure adequate funds areavailable prior to releasing the Invitation to Bid (ITB) or Request for Proposal
(RFP). If the amount ortlic successfid bid or proposal exceeds the initial: amount approved asa result of the budget review; the
department is to request by memo another budget review to ensure adequate funds are available for the additional amount prior
to the deparhitentrequesting approval fi-om the City Council to award and execute the,intended public contract.)
REQUEST FOR BUDGET REVIEW PRIOR TO RELEASE OF.ITB OR RFP:
Project mute and number: Tce Ri»k Project Comer 000045.999
Description gfproject: Tempormy Cover fo• Aslrlcn d Rotary Centennial fee Rink
Amount budgele& $251,200
Account Number(s) and gmounrls if mulliple accounts:411.12.00.00.703000
Tinieli f intended project: (Begiiining/connpletion dates)Alrearlj, in process 9/19/19
Funds appropriated for current fiscal year' YES NO
Department Head
Finance Director Date
P brx~ .
REQUEST TOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL
BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO
RELEASING ITB OR RFP:
Actual rmnount of bidlivoposal: $ $251,100
Funds appropriated for current fiscal year: YES / NO
Department fiend
Finance Director Date
Date
Form #12 - Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1,.9110/2013