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2014-132 Contract - Blackline Inc - No 2014-08
CITY OF CITY OF ASHLAND -4SHLANDi PUBLIC IMPROVEMENT CONTRACT 2014 STREET SLURRYSEAL PROJECT Project No. 2014-08 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and Blackline Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract is John Peterson, Street Supervisor, City of Ashland Public Works Department. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No. 0 through No. 0, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "2014 Street Slurry Seal Project" and WHEREAS, Contractor did on the May day of 8, 2014, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration - This contract is effective on May 22, 2014 or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before June 30. 2014 or before 30 calendar days following Contractor's receipt of the Notice to Proceed, whichever is earlier. 3. Statement of Work The work under this contract is for 2014 slurry eal, as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor City of Ashland April 2014 1 o/65 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 2014 Slurry Seal Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of. one hundred and nine thousand one hundred and nine dollars ($109.10 9) for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print:_ ?514t, ICl1 ae- =~nc. Contact Name: c (:-c~ r Phone: S-ItPo Wax: -31 SS3- y I IH Address:PM ' Q kE iN~ ^ VgVOVvef'WA elt6bgL Do Not Write Federal and State Tax ID Numbers on this cement: 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 # Construction Contractors Board # 0036L] Citizenship: Nonresident alien Yes L,-`-No Business Designation (check one): Individual Sole Proprietorship Partnership corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided City of Ashland April 2014 2 of 65 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 E 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 Attachment A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; 1 hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Signed by Contra t =rtA~ we~r S ec rc r S a i y Signature/Title C orb ~ Lc~yi~o ~ Date Printed Name: I 1 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: Michael R. Faught, Direct of Public Works, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated 4Z Coding: Reelwed: D d Lohman, City Attorney (approved as to legal form) Date City of Ashland April 2014 3 of 65 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: ✓(1) I cant' 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. V (2) Commercial advertising or business cards or a trade association membership are purchased for the business. I/ (3) Telephone listing is used for the business separate from the personal residence listing. Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 1D ~ cm 5Lai,q Contractor Date City of Ashland April 2014 4 of 65 EXHIBITS A-E EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW - BOUND SEPERATELY EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E INSTRUCTIONS TO BIDDERS City of Ashland April 2010 5 of 65 EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. C. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. 3. No Third Party Beneficiaries City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 4. Successors in Interest City of Ashland April 2014 6 of 65 The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled " 2014 Street Slurry Seal Project', Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLI) iifapplicable AND any other separately bound reference, Oregon 2008 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes, at a minimum, the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program" For the purposes of this section, an employee is a "Subject Employee" only if that employee will be working on the Public Improvement project job site. C. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. City or Ashland April 2014 7 o/65 S. Notice to Proceed Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; C. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. C. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. it. Payment on Early Termination City of Ashland April 2014 8 of65 a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. C. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10 (d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 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. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws./ 15. Compliance with Applicable Law City of Ashland April 2014 9 o/65 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.I 10 (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, are attached to these Contract Documents as Or can be found at the following websites: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)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(l). 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. City of Ashland April 2014 10 of 65 d. Contractor and all subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLT), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.5201 [ORS 279C.5401 [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 anyone day or 40 hours in anyone week when the workweek is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed,with the contractor within 90 days from the completion of the contract, providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(I 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 City of Ashland April 2010 11 of 65 The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in accordance with the two options below: • The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or} • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations of the United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment 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 City of Ashland April 2014 12 of 65 made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. i 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. C. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of. (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractors work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). 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 City of Ashland April 2014 13 of 65 a. 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. b. 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. C. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). d. 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. e. 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. f. 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. g. 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. h. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall City of Ashland April 2014 14 of 65 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)] 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 (I)(d)] f. Pursuant to ORS 279C.515(I), 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. City of Ashland April 2014 15 of 65 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 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 City of Ashland April 2014 16 of 65 Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy anyjudgment adverse to the City or to the City 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 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. 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 City of Ashland April 2014 17 of 65 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. 30. 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 31. 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)] 32. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service City of Ashland April 2014 18 of 65 U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services, Department of Agriculture, Department of Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department Local Agencies: CITY of ASHLAND City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. 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 City of Ashland April 2014 19 0/65 it regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 33. 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. 34. 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. 35. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the City of Ashland April 2014 20 of 65 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.. 36. 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. 37. 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. 38. 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. 39. 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: John Peterson, Street Supervisor CITY of ASHLAND PUBLIC WORKS DEPARTMENT 20 East Main Street ASHLAND, OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 40. 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. 41. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. City of Ashland April 2014 21 of 65 EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.800 and is available through the city Engineering Office at 51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors City of Ashland April 2014 22 of 65 EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than ■ $2,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. ■ Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than ■ $2,000,000 or ❑ $3,000,000 for each accident for- Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. ■ Required by City ❑ Not required by City ❑ Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate ofinsurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insured's, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of City of Ashland April 2014 23 of 65 insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self- insured retention's, and/or self-insurance. City of Ashland April 2014 24 of 65 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS `A CORPORATION J CORPORATION CERTIFICATION: lam authorized to act behalf of the entity named below, and certify under penalty of perjury that it is a corpor tion. ack~i ne Inc. S/617/19 Entity Signature Date IBtXONTRACTORISINDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) ✓ A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence, ✓ which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. City of Ashland April 2014 25 of 65 tl 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. 7 E. Labor or services are performed for two or more different persons within a period of one year. F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such actiI 7/14 Con Signature Dat Project Manager Signature Date City of Ashland April 2014 26 of 65 EXHIBIT E INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 1. EEO AFFIRMATIVE ACTION Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. 3. BID PROVISIONS A. Each bid must contain a completed Bid including the following: a. A Bid and Schedule of Prices. b. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. c. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with. d. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. e. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. f. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. g. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. h. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. i. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). j. Certification: Non-discrimination k. Certification: No Conflict of Interest 1. Certification: Not ineligible for Public Works Contracts [OAR 137-049-0230] B. The City will not mail notice of addenda but will publish notice of any addenda on City's website and post the notice of addenda at: www.ashland.or.us The addenda may be downloaded or picked up at Community Development Department front counter located at 51 Winburn Way, Ashland Oregon, 97520. Check the website and City Hall bulletin board frequently until closing. Addenda to the Contract Documents shall be mailed to potential Bidders that have obtained a copy of the Contract Documents. City of Ashland April 2014 27 of 65 C No bid will be received or considered by the City of Ashland unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml. D. Each Bidder must identify in the Bid whether the Bidder is a "resident bidder" as defined in ORS 279A.120. E. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement. F. No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. G. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. H. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370; OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materidls would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2) working hours after bid closing: 1) The subcontractor's name, 2) The dollar value of the subcontract, and 3) The category of work that the subcontractor would be performing. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360). i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE SURETY BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. City of Ashland April 2014 26 o/65 All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100% of the Contract Price; C. Furnish proof of public works bond filed with BOLL; and D. Furnish the required Certificates of Insurance. Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a public works bond filed with BOLI by the successful bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten (10) working days of the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same call for bids, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. k. The Bidder, in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract, that every subcontractor will not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PRE-BID CONFERENCE AND PREQUALIF/CAT/ON OF BIDDERS If a pre-offer conference is scheduled, notice will be provided in accordance with OAR 137-049-0200(I)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(l)(a)(C).].[ORS 279C.365(1)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified with the City of Ashland and/or with the Oregon Department of Transportation or General Service per ORS 279C.435 to perform the type and size of work contemplated herein and shall submit, to the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137-049-0220]. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450, and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution ) 5. FORM OF BID A. Bids shall be submitted in sealed envelopes to: City of Ashland April 2014 29 of 65 Street Address: Mailing Address: Scott Fleury Scott Fleury Engineering Services Manager Engineering Services Manager City of f Ashland City of Ashland 51 Winbum Way 20 East Main Street Ashland, Oregon 97520 Ashland, Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data.lnterchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids C. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected. D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department / Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel, marked as "Rejected as Late Bid" and will be returned, unopened, to the submitted. 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Project Manager. The City will investigate and determine if an addendum will be issued. City of Ashland April 2014 30 of 65 If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at leasi ten (10) days, unless otherwise specified, before the scheduled closing time for submission of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued to all known specification holders. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA A. Prior to submitting a bid, it is the responsibility of each Bidder to: I. Examine the plans, specifications and contract documents thoroughly. 2. Become fully informed as to the quality and quantity of materials and the character of the work required. 3. Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. 4. Consider all federal, state and local laws, ordinances, rules and regulations that may affect cost, progress, or performance of the work, including environmental and natural resource ordinance and regulations 5. Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. 6. Study and correlate the Bidder's observations , especially as regards site conditions with the Contract Documents. 7. Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents. B. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences, by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary. C. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. D. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. City of Ashland April 2014 31 of 65 E. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the invitation to bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these bid documents. F. Notice: It is further understood that a bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the contract or contract Special Provisions and if such conditions are not satisfied may result in termination of the contract. 9. FAMILIARITY WITH LAWSAND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. B. No person may engage in any business within the City without first obtaining a City business license and paying the fee prescribed pursuant to City of Ashland Ordinance. The Contractor and their subcontractors shall obtain a City of Ashland business license prior to beginning any work within the City of Ashland. 10. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. C. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read "In Place." IL WITHDRAWAL, MODIFICATION OR ALTERATION OF BID A. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. The bid will be irrevocable until such time as the City: • Specifically rejects the bid, and • Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the bid opening. B. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to Owner will prevail. C. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not awarded a contract. City of Ashland April 2014 32 0/65 72. MISTAKES IN BIDS (1) To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. (2) Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error injudgment. If the City discovers certain mistakes in a Bid after Opening, but before award of the Contract, the City may take the following action: (a) City may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: (A) Return the correct number of Signed Bids or the correct number of other documents required by the Solicitation Document; (B) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (C) Acknowledge receipt of an Addendum to the Solicitation Document, provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. (b) City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total,price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices shall prevail over extended prices. (c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (A) The nature of the error; (B) That the error is not a minor informality under this subsection or an error in judgment; (C) That the error cannot be corrected or waived under subparagraph (b) of this subsection; (D) That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (E) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (F) That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw the Bid; (G) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents; and (H) That the Bidder promptly gave notice of the claimed error to the City. (d) The criteria in subsection (c) above shall determine whether a City will permit a Bidder to withdraw its Bid after Closing. These criteria also shall apply to the question whether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond (or other bid security), or without liability to the City based on the difference between the amount of the Bidder's Bid and the amount of the contract actually awarded by the City, whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation. City of Ashland April 2014 33 of 65 (3) Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid, i.e., documents submitted with the Bid. 13. REJECTION OF BIDS A. The City may reject any bid upon a finding that the Bid meets the criteria specified in OAR 137-049- 0440(1)(a) or (b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed contract is not abandoned, new bids may be called for as in the first instance. The City may, at its own discretion, waive minor informalities. B. This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the City of Ashland. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a "Power of Attorney" must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise, the Bid will be rejected as irregular. More than one Bid from an individual, firm, partnership, corporation, or combination thereof with an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof, is interested. If there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 14. BID PROTEST. [OAR 137-049-0260]. Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten (10) calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests. shall be marked "Contract Provision Protects or Request" with the Bid Number and Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated (itemized bid) or bid (lump sum) by Contractor at $1,000,000 or more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether or not a specific bid item is provided therefore) that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. City of Ashland April 2014 34 of 65 Attachment A CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OFNON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms, or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINA TION BECA USE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: City of Ashland April 2014 35 of 65 A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and are permitted to remain under the provisions of the Oregon State Structural Specialty Code; or B. A program or activity, viewed in its entirety, is readily accessible to and usable by persons who are physically or mentally disabled. C. The purpose of the program, service, or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical, psychological, mobility, social or economic needs of persons so disabled. 5. DISCRIMINATIONBECAUSEOFAGE With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must, by law or ordinance, be performed by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service, facility, or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. 6 DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws, ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition, judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability" and "handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor, and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act, policy, or practice. The City of Ashland April 2014 36 of 65 Contractor must, at his own risk and expense, comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts, policies, or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL A. In all advertising, postings, and promotional material relating to hiring, the Contractor shall include the following statement: 11 (name of contractor) is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal Opportunity Employer". B. In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland, the Contractor shall include the following statement: "This (program or service as applicable) is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy, contact (name of contractor's representative) at (phone number) 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved person, be cause for termination of the Contract, debarment from participation in future City of Ashland contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority-owned businesses, etc. City of Ashland April 2014 37 of 65 If there are such additional requirements beyond this policy, the invitation to Bidders or Request for Proposals will state: "This project is funded in whole or in part through (name of agency)_. Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." City of Ashland April 2014 38 of 65 CITY OF ASHLAND Department of Public Works SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS The requirements for contract work are contained in the "OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2008" Oregon Department of Transportation/ Oregon Chapter APWA, together with any current City of Ashland Addenda , hereinafter referred to as the "Standard Specifications". Copies of the Standard Specifications are available from: ODOT Contractor Plans Office Room 28 Transportation Building 355 Capitol Street NE Salem, OR 97301. Standard Specifications may also be downloaded from the ODOT Web Site: http://www.oregon.gov/ODOT/contracting.shtm I#Specifications_and_Standards. All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS SECTION 00100 (A) - NOTIFICATION OF ADJACENT RESIDENT The contractor shall notify all adjacent property owners or residents along each street to be slurry sealed at least 72 hours prior to the start of construction. Notice may be in the form of "door hangers" or by personal contact. SECTION 00100 (B) - STAGING AREA The contractor may use the City's `B' Street corporate yard for staging and storage of materials during the course of construction. Contact Street Superintendent John Peterson at 541-552-2345 to schedule access to the lot. The requirements for contract work are contained in the most recently adopted "OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2008" Oregon Department of Transportation/ Oregon Chapter APWA, hereinafter referred to as the "Standard Specifications". All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SECTION 00110-ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS Comply with Section 001 10 of the Standard Specifications SECTION 00120-BIDDING REQUIREMENTS AND PROCEDURES Comply with Section 00120 supplemented and/or modified as follows: 00120.00 Prequalification of Bidders - Substitute the following: On any proposed Public Works contract estimated at $10,000 or over, all Contractors shall comply with all laws of Oregon pertaining to the qualification of bidders, and particularly ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of Ashland at least five days before the opening of bids. Prequalification applications for Asphalt Concrete Paving and Oiling are available at 51 Winburn Way, Ashland, OR 97520. All prequalification applications must be filed by prior to the bid date. 00120.05 Requests for Solicitation Documents - Substitute the following: City of Ashland April 2014 39 of 65 Copies of the plans and specifications (Solicitation Documents) may be obtained at the City Engineering Office, located at 51 Winburn Way (mailing address: 20 E. Main St., Ashland, OR 97520). The City will add the name of the entity intending to use the Solicitation Documents to the list of Holders of Bidding Plans. Bidders are cautioned that only Solicitation Documents obtained from the City may be used to submit bids. Plans and specifications may also be examined at the above office. Copies of the Standard Specifications may be purchased from the ODOT Procurement Office - Construction, Contractor Plans, 455 Airport Road SE, Building K, Salem, Oregon 97301-5348 (telephone 503-986-6936). The Standard Specifications may also be downloaded from the ODOT's web site: http://www.oregon.gov/ODOT/HWY/SPECS/standard _specifications.shtml#2008_Standard_Specifications The Plans, which are applicable to the Work to be performed under the Contract, bear title and date as follows: Project: 2014 Street Slurry Seat Type of Work: Street Improvements Location: Ashland, Oregon 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be encountered Add the following paragraphs: Requests for clarifications specified above should go to: Contractual Questions to: Scott Fleury City of Ashland 51 Winburn Way Ashland, OR 97250 (541) 488-5587 Technical Questions to: John Peterson, Street Supervisor 90 N. Mountain Ave. Ashland, OR 97520 (541) 488-5313 00120.45(b) Electronic Bids- Delete this subsection. 00120.60(a) Paper Bids - Replace this subsection with the following: (a) Paper Bids - Information entered into the paper Bid Booklet by the Bidder may be changed after the paper Bid has been delivered to the City of Ashland, provided that: • Changes are prepared according to the instructions identified in the Bid Booklet; • Changes are received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids; • The Bid number is included; and • The changes are submitted in writing or by electronic facsimile (FAX) transmission to the FAX number(s) given in the paper Bid booklet, signed by an individual authorized to sign the Bid. FAX submittals received by the Agency shall constitute an original document. A Bidder may withdraw its paper Bid after it has been delivered to the City of Ashland - Construction, provided that: City of Ashland April 2014 40 of 65 • The written withdrawal request is submitted on the Bidders letterhead, either in person or by FAX, and includes the Bid number; • The request is signed by an individual who is authorized to sign the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request; and • The request is received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids. 00120.60(b) Electronic Bids - Delete this subsection. 00120.70 Rejection of Nonresponsive Bids - Add the following bullet to the end of the bullet list: • The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the Agency. 00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder - Replace this subsection, except for the subsection number and title, with the following: The Bid of a Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3) will be rejected. SECTION 00130 - AWARD AND EXECUTION OF CONTRACT Comply with Section 00130 of the Standard Specifications modified as follows: , 00130.10 Award of Contract - Replace the bullet that begins "A satisfactory record of performance..." with the following bullet: • A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency may consider, among other things, whether the Bidder completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of evaluating a Bidder's performance on previous contracts of a similar nature, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Bidder's control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. Replace the bullet that begins "A satisfactory record of integrity..." with the following bullet: • A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may consider, among other things, whether the Bidder has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a contract or subcontract. SECTION 00140-SCOPE OF WORK Comply with Section 00140 of the Standard Specifications supplemented and/or modified as follows: 00140.90 Final Trimming and Cleanup Add the following bulleted items to this subsection: Where private property(s) will be affected by construction but cannot realistically be restored to its pre- existing condition before the contractor will leave the site, agreement shall be reached with the owners of the property(s) regarding how the site shall be left and the Agency Inspector shall review the agreement before the excavation or other work begins. City of Ashland April 2014 41 o/65 • Review clean-up of areas adjacent to private property with owners or owner's agents, grade non-landscaped shoulders, parkrows, or unsightly areas caused by the construction to a smooth condition free of sudden transitions, piles, or trip hazards, unless specific objections are raised by the property owner or owner's agent, If objections are raised, contact Public Works Inspector to inspect site and provide direction. Do not negatively impact trees or other adjacent plants. Notify affected owners and occupants of adjacent properties of completion of clean-up prior to leaving the site and verify that no other clean-up work remains. Restoration of private properties shall be to the satisfaction of the property owner and may include re-seeding of staging areas. Submit revised drawing of installed utility locations if location changed. SECTION 00150 - CONTROL OF WORK Comply with Section 00150 of the Standard Specifications supplemented and/or modified as follows: 00150.50 Cooperation with Utilities - Add the following subsection (f) Utility Information: There are no anticipated conflicts with the Utilities listed below. Contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction. Utility Company Phone Number • City of Ashland Water Department (Steve Walker) .................................(541) 488-5353 • City of Ashland Wastewater Department (Dave Gies) ............................(541) 488-5348 • City of Ashland Electric Department (Warren Dinapoli) .........................(541) 488-5357 • Ashland Fiber Network (Mike Ainsworth) (541) 552-2222 • Avista Utilities (Mike Smith) ...................................................................(541) 858-4728 • Charter Communications (Brad Dill) (541)282-8672 • Qwest Communications (Jim Martin) (541)776-8268 Energized power lines overhang portions of the Work with a minimum vertical clearance of 18 feet. Contractor shall maintain at least 10 feet of safety clearance. This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1 800 332 2344). 00150.75 Protection and Maintenance of Work During Construction Add the following paragraph: The Contractor shall clean and/or maintain existing streets, buildings, sidewalks, and other adjacent private improvements that are outside the work limits of this project if dirtied or damaged by construction activities. There will be no separate or added payment for this work. This requirement includes compliance with the City of Ashland track-out ordinance. 00150.97 Responsibility for Materials and Workmanship Add the following subsection: (c) Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, the City of Ashland April 2014 42 of 65 Contractor shall remedy any defects due thereto and pay for any damage to other work resulting two years from the date of acceptance of the complete building or installation. The City of Ashland shall give notice of observed defects with reasonable promptness. Add the following subsection: 00150.98 Adherence to Valdez Principles: On May 5, 1990, the Ashland City Council adopted the attached Valdez Principles. In addition to the requirements of ORS 279C.525, all contractors working within the City of Ashland shall adhere to the Valdez Principles in the course of their work. a City of Ashland April 2014 43 of 65 VALDEZ PRINCIPLES By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct responsibility for the environment. We believe that we must conduct the public's business as responsible stewards of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the City must not compromise the ability of future generations to sustain their needs. We recognize this to be a long term commitment to update our practices continually in light of advances in technology and new understandings in health and environmental science. We intend to make consistent, measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in a manner consistent with our other obligations under law. 1. Protection of the Biosphere. 6. Safe Products and Service. We will minimize and strive to eliminate the We will provide services that minimize adverse environmental release of any pollutant that may cause impacts and that are safe for consumers. We will inform environmental damage to air, water or earth or consumers of the environmental impacts of our service. its inhabitants. We will safeguard habitats in creeks, ponds, wetlands, natural areas and will 7. Damage Compensation. minimize contributing to global warming, We will take responsibility for any harm we cause to the depletion of the ozone layer, acid rain or smog. environment by making every effort to fully restore the environment and to compensate those persons who are adversely 2. Sustainable Use of Natural Resources. affected. We will make sustainable use of renewable natural resources, such as water, soils and 8. Disclosure. forests. We will conserve nonrenewable natural We will disclose to our employees and to the public incidents resources through efficient use and careful relating to our operations that cause environmental harm or pose planning., We will protect wildlife habitat, open health or safety hazards. We will disclose potential spaces and wilderness, while preserving environmental, health or safety hazards posed by our operations, biodiversity. and we will not take any action against employees who report any condition that creates a danger to the environment or poses 3. Reduction of Disposal of Waste. health and safety hazards. We will minimize the creation of waste, and wherever possible, recycle materials. We will 9. Environmental Directors and Managers. dispose of all wastes through safe and At least one member of management will be a person qualified to responsible methods. represent environmental interests and will commit management resources to implement these Principles. 4. Wise Use of Energy. We will make every effort to use 10. Annual Assessment. environmentally safe and sustainable energy We will conduct and make public an annual self-evaluation of sources to meet our needs. We will invest in our progress in implementing these Principles and in complying and promote energy efficiency and conservation with all applicable laws and regulations. in our operations and that of our citizens. 5. Risk Reduction. We will minimize the environmental, health and safety risks to our employees and the communities in which we operate by employing safe technologies and operating procedures and by being constantly prepared for emergencies. City of Ashland April 2014 44 of 65 SECTION 00160 - SOURCE OF MATERIALS Comply with Section 00160 of the Standard Specifications. SECTION 00165 - QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications. SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: 00170.02 Permits, Licenses, and Taxes Add the following bulleted items to the end of the list: • The successful bidder shall, prior to the start of work, obtain a City of Ashland Business License. Sub- contractors on the project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. • Comply with City of Ashland's blanket permit 91200-CA from the Oregon Department of Environmental Quality. 00170.03 Furnishing Right-of-Way and Permits Add the following to this subsection: Obtain all necessary Permits from the City of Ashland Public Works Department, & all other approving agencies where required including ODOT permit and required insurance also listing ODOT and the City of Ashland as additional insured parties, for all construction work within the Public Right of Way, in Public Utility Easements, or on Public Works owned or operated systems within or outside of City Limits a minimum of 3 days prior to commencing work. Notify all adjacent property owners, occupants, other utility companies, and organizations operating underground facilities in the area at the time of the permit application. Provide adequate prior notice (min 24 hours or as required) to allow those impacted by the work to adjust their schedules and patterns accordingly. Coordinate & adjust work as required to accommodate requests for shared trenching, common excavation, or coordination of layout and saw- . cutting when requested by concurrent construction projects and utility facility operators. Notifications can be accomplished by mail, telephone conversation, door hangers, or door-to-door visit. Provide the following information in the notifications and update if the information provided changes: Who will be doing the work & for whom (name and 24 hr phone number of contractor or permit holder). • What the project will consist of (e.g. excavation, patching, flatwork, etc), • Where the work will be done (in the public way and/or on private property), • When construction will begin and end (dates and time of day if outside normal working hours) Add the following subsection: 00170.67 Fees - The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules of the Commissioner. 00170.70(a) Insurance Coverages - The following insurance coverages and dollar amounts are required pursuant to this subsection: Insurance Coverages Combined Single Limit per Annual Aggregate Limit City of Ashland April 2014 45 of 65 Occurrence Commercial General Liability $1,000,000 $2,000,000 Commercial Automobile Liability $1,000,000 (aggregate limit not required) 00170.70(c) Additional Insured - Add the following paragraph and bullets to the end of this subsection: Add the following as Additional Insured's under the Contract: • The City of Ashland and its officers, agents, and employees • Ashland City Council 00170.72 Indemnity/Hold Harmless - Add the following paragraph and bullets to the end of this subsection: Extend indemnity and hold harmless to the Agency and the following: • The City of Ashland and its officers, agents, and employees • Ashland City Council 00170.80 Responsibility for Damage to Work Replace this subsection, except for the subsection number and title, with the following: (a) Responsibility for Damage in General - The Contractor shall perform Work, and famish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the Agency. The Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. (b) Repair of Damage to Work -Until Final Acceptance, the Contractor shall promptly rebuild, repair, restore, and make good damages to all portions of the permanent or temporary Work, except to the extent the Agency has assumed responsibility according to the provisions of (c) below. Perform all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage caused by: • Acts of God or Nature, as defined in Section 00110; or • Actions of governmental authorities. (c) Responsibility for Damage to Work Caused by Public Traffic -The Contractor may apply for relief of responsibility for damage to Work caused by public traffic by submitting a signed Contractor's Request for Relief of Responsibility, form 734-2768, to the Engineer by mail, personal delivery or courier, by FAX, or other agreed-upon method. The Engineer will process a maximum of two forms per month and return the forms within seven Calendar Days indicating each item as "approved" or "denied". The approval of the Engineer is limited, and is made only for the purposes of determining relief of responsibility for damage to completed portions of the Work caused by public traffic. The completed portions of the Work are not considered complete, and are not finally accepted for any other purposes under the Contract. If the Contractor disagrees with the Engineer's findings, the Contractor may request a Region level review according to 00199.40(b). (1) Request for Relief - The Agency will only accept a request for relief from and will only assume responsibility for damages caused by public traffic, to the following completed portions of the Work: City of Ashland April 2014 46 of 65 • A segment of Roadway, drainage facilities, Slopes, lighting, traffic control devices and access facilities; • A Bridge or other Structure within a segment of Roadway; • Traffic signals and appurtenances at an intersection; • Permanent, passive traffic control devices; • Complete circuits of a highway lighting system; and • Portions of a building open to public use. The Agency will approve a request for the Agency to assume responsibility for damages to the completed portions of the Work caused by public traffic only under the following conditions: • The completed portions of the Work are completed according to Contract Change Orders, the Contract Plans or approved stage construction Plans; • The traffic control complies with approved traffic control Plans; and • All required Materials conformance and quality compliance documents pertaining to the completed portions of the Work are on file with the Engineer (see Section 00165). (2) Scope of Relief - When the Agency assumes responsibility for damage to completed portions of the Work caused by public traffic any damages will be repaired by the Contractor on an Extra or Changed Work basis, or by Agency forces, or by other means as determined by the Engineer. If completed portions of the Work are damaged by public traffic before Final Inspection, and the Agency requires the Contractor to repair the damages, the Engineer will reimburse the Contractor for the Extra or Changed Work at 75% of the total amount calculated according to Section 00197. If completed portions of the of Work are damaged by public traffic after Final Inspection, and the Agency requires the Contractor to repair the damages, the Engineer will reimburse the Contractor for the Extra or Changed Work at 100% of the total amount calculated according to Section 00197. If any additional Work is performed by the Contractor on completed portions of the Work for which the Agency has assumed responsibility for damages caused by public traffic, and the Work is performed outside of the approved stage construction Plans or approved traffic control Plans, the Contractor shall become fully responsible and liable, and shall make good all damages caused by public traffic at no additional cost to the Agency. (d) Vandalism - The Contractor shall provide reasonable protection of the Work from vandalism until Third Notification. If reasonable protection has been provided, the Contractor's responsibility for damage resulting from vandalism will be limited to $5,000.00 per occurrence. Requests for reimbursement of amounts in excess of $5,000.00 shall be in writing and directed to the Engineer. Upon receipt, the Engineer will investigate, evaluate the amount of damages and their cause, and determine whether, and how much, the Contractor will be recompensed. 00170.85 (b) Contractor Furnished Warranties Add the following paragraph to this subsection: The Contractor shall warrant all work performed under this Contract for a period of two years from the date of final acceptance, as specified in Subsection 00150.97 (c) of these provisions. SECTION 00180 - PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications supplemented and/or modified as follows: Add the following subsection: City of Ashland April 2014 47 of 65 00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions include, but are not limited to, the following: Limitations Subsection Cooperation with Utilities ............................................00150.50 Cooperation with Other Contractors ............................00150.55 Railway Work ..............................................................00170.01(e) Contract Completion Time ..........................................00180.50(h) Right-of-Way and Access Delays ................................00180.65 Traffic Lane Restrictions .............................................00220.40(e) Special Events ..............................................................00220.40(e) In-water Work Restrictions ..........................................00290.34(a) Noise Control ...............................................................00290.32 00180.41 Project Work Schedules After the paragraph that begins "Contractor's activity..." add the following paragraphs: The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Engineer. The "look ahead" Project Work schedule is supplemental to the Type A, B, or C schedule specified below. The supplemental "look ahead" Project Work schedule shall: • Identify the sequencing of activities and time required for prosecution of the Work. • Provide for orderly, timely, and efficient prosecution of the Work. • Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities. The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the planned Work activities broken down into logical, separate activities by area, stage, and size and include the following information: • The resources the Contractor, subcontractors, or services will use. • The locations of each activity that will be done including the limits of the work by mileposts, stations, or other indicators. • The time frames of each activity by Calendar Days, shifts, and hours. • All anticipated shoulder, lane, and road closures. The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and continuing each week until Second Notification has been issued and all punch list items and final trimming and clean up has been completed. The Contractor shall meet with the Project Manager (PM) each week to review the supplemental "look ahead" Project Work schedule. If the PM or the Contractor determines that the current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can be made on the current schedule or the PM may require the submittal of a revised supplemental "look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the Contract.. 00180.41(6-2) Detailed Schedule - Replace the paragraph that begins "in addition to the above requirements..." with the following two paragraphs: Detailed work schedule activities shall include the following: Replace the paragraph that begins "Within 10 Calendar Days..." with the following paragraph: City of Ashland April 2014 48 of 65 Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review the Project schedule as submitted. . Add the following subsection: 00180.50(h) Contract Time - Complete all Work to be done under the Contract before the elapse of 30 Calendar Days. Recording of the elapse of Calendar Days will begin on the day the Contractor begins On-Site Work as defined in 00110.20. 00180.85(b) Liquidated Damages - Add the following paragraph: The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $300.00 per Calendar Day * Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis. - 00190 - MEASUREMENT OF PAY QUANTITIES Comply with Section 00190 of the Standard Specifications supplemented and/or modified as follows: 00190.10(b) Area - Replace this subsection with the following subsection: (b) Area - Areas will be determined by measuring width and length at least to the nearest 0.1 foot and computed at least to the nearest 0.1 square foot or 0.1 square yard as appropriate, unless otherwise specified in the Contract. SECTION 00195- PAYMENT Comply with Section 00195 of the Standard Specifications supplemented and/or modified as follows: 00195.10 Payment for Changes in Materials Costs - Replace this subsection with the following subsection: 00195.10 Asphalt Cement Material Price Escalation/De-escalation - An asphalt cement escalation/de-escalation clause will be in effect during the life of the Contract. The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under 00180.90, and this escalation/de-escalation provision shall not limit those rights. (a) Monthly Asphalt Cement Material Price (MACMP) - The Monthly Asphalt Cement Material Price (MACMP) will be established by the Agency each month. For information regarding the calculation of the MACMP, and for the actual MACMP, go to the Agency website at: http://www.oreeon.gov/ODOT/HWY/ESTIMATING/asphalt fuel shtm If the Agency selected index ceases to be available for any reason, the Agency in its discretion will select and begin using a substitute price source or index to establish the MACMP each month. The MACMP will apply to all asphalt cement including but not limited to paving grade, polymer modified, and emulsified asphalts, and recycling agents. The Agency does not guarantee that asphalt cement will be available at the MACMP. (b) Base Asphalt Cement Material Price (Base) - The Base asphalt cement material price for this Project is the MACMP published on the Agency website for the month immediately preceding the bid opening date. City of Ashland April 2014 49 of 65 (c) Monthly Asphalt Cement Adjustment Factor - The Monthly Asphalt Cement Adjustment Factor will be determined each month as follows: • If the MACMP is within f 5% of the Base, there will be no adjustment. • If the MACMP is more than 105% of the Base, then: Adjustment Factor = (MACMP) - (1.05 x Base) • If the MACMP is less than 95% of the Base, then: Adjustment Factor = (MACMP) - (0.95 x Base) (d) Asphalt Cement Price Adjustment - A price adjustment will be made for the items containing asphalt cement listed below. The price adjustment as calculated in (c) above will use the MACMP for the month the asphalt is incorporated into the Project. The price adjustment will be determined by multiplying the asphalt incorporated during the month for subject Pay Items by the Adjustment Factor. The Pay Items for which price adjustments will be made are: Pay Item(s) Trench Patching (3" Depth HMAC) Level 2, '/z Inch Dense HMAC Mixture 00195.50 (a) (1) Progress Estimates - Replace the sentence that begins "At the same time each month..." with the following sentence: The Engineer will make an estimate of the amount and value of Pay Item Work completed through the final day of each month. 00195.50(b) Retainage - Add the following paragraph to the end of this subsection: As provided in 00170.65(a) additional retainage of 25% of amounts earned will be withheld and released according to ORS 279C.845 (see Senate Bill 477) when the Contractor fails to file the certified statements required in ORS 279C.845, FH WA Form 1273, and 00170.65. 00195.50 (c) Forms of Retainage - Replace this subsection with the following subsection 00195.50 (c) Forms of Retainage -The only acceptable form of retainage is Cash, Alternate A as described below in subsection (1). (1) Cash, Alternate A - Retainage will be deducted from progress payments and held by the Agency until final payment is made in accordance with 00 195.90, unless otherwise specified in the Contract. 00195.50(e) Withholding Payments - Add the following paragraph to the end of this Subsection: Notwithstanding ORS 279C.555 or 279C.570, if a Contractor is required to file certified statements on the prevailing rate of wages, but fails to do so, the Agency will retain 25% of any amount earned as required in 00170.65 SECTION 00196 - PAYMENT FOR EXTRA WORK Comply with Section 00196 of the Standard Specifications. SECTION 00197- PAYMENT FOR FORCE ACCOUNT WORK City of Ashland April 2014 50 of 65 Comply with Section 00 197 of the Standard Specifications. SECTION 00199 -DISAGREEMENTS, PROTESTS AND CLAIMS Delete Section 00199 of the Standard Specifications in their entirety and substitute the following: 00199.00 General - In any case where the Contractor deems extra compensation is due for work or materials not allowed by the Engineer, the Contractor shall in writing notify the Engineer of their intention to make claim for such compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor agrees to waive the claim for extra compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost, shall not in any way be construed as proving the validity of the claim. Not withstanding any other notices that are required, in the event Contractor discovers any subsurface, latent or other conditions at the site differing materially from those indicated in the contract documents, the Contractor shall immediately notify the Engineer and not disturb them until the Engineer has reviewed such conditions. City of Ashland April 2014 51 of 65 PART II TECHNICAL SPECIFICATIONS City of Ashland April 2014 52 of 65 SPECIAL PROVISIONS FOR PUBLIC WORKS CONSTRUCTION All Public Works Construction within the City Limits, within the Utilities Service Boundary, or planned to become a part of a system owned or operated by the City shall be constructed in accordance with the 2008 edition of the "Standard Specifications for Public Works Construction" ODOT/APWA as amended by the Project Special Provisions, as well as any special provisions included with the plans. All number references in the "Addendum" and Special Provisions shall be understood to refer to the Sections and Subsections of the Standard Specifications bearing like numbers and to Sections and Subsections contained herein in their entirety. The Special Provisions and any Addendum are available to view at the City's Public Works Offices. Copies of the Standard Specifications & ODOT APWA standard drawings may be obtained from the ODOT Contractor Plans office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301; phone (503) 986-3720. The Standard Specifications are also available on line on ODOT's Web Site: http://www.oregon.gov/ODOT/HWY/SPECS/standard specifications.shtmI#2008_Standard_Specifications PART 00200 - TEMPORARY FEATURES AND APPURTENANCES SECTION 00205 - FIELD LABORATORY, WEIGHHOUSE, ETC. Comply with Section 00205 of the Standard Specifications. SECTION 00210 - MOBILIZATION Comply with Section 00210 of the Standard Specifications. SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.02 Public Safety and Mobility - Add the following bullets to the end of the bullet list: Do not place work zone signs or supports that will block existing walkways or existing bikeways. 00220.40 General Requirements - Add the following subsection to the end of this section: (f) Maintenance of Road Surface - If, at any time during the earthwork stage of construction a rain shower could occur, the Engineer may require the Contractor to place a layer of aggregate base material on the grade to ensure the safe movement of traffic. No payment will be made for this work. At no time shall the Contractor leave the surface of the roadway in a condition that could cause damage to vehicles. Aggregate subbase shall be covered with aggregate base rock prior to opening the roadway to public access or by end of work day. If not to grade, Contractor shall place a layer of aggregate base over the aggregate subbase. Payment for furnishing and placing this aggregate base material shall be paid for under the aggregate subbase bid item. During construction, the Contractor shall ensure that the road is always left in good condition, and damage to existing road surface caused by Contractor's equipment shall be repaired by the Contractor at his expense. At a minimum, a course of aggregate base material shall be graded and compacted to restore the road surface. In the City of Ashland April 2014 53 of 65 event inclement weather increases damage to road surface, the Engineer reserves the right to stop work on the project. 00220.40(a) Traffic Nuisance Abatement - Add the following bullets to subsection (3): Add the following bulleted item to the end of this paragraph: • Use of water to clean roadway surfaces is not permitted unless mechanical cleaning methods have been used and the Engineer determines the use of water is necessary. 00220.40(e) Lane Restrictions - Replace the paragraph that begins "Do not close any..." with the following paragraph: Do not close any traffic lanes and remove all barricades and objects from the roadway during the following periods: Replace subsections (1) and (2) with the following: (1) Weekdays: a. Between 6:00 p.m. and 7:00 a.m., Monday through Thursday (2) Weekends - Between 6:00 p.m. on Friday and 7:00 a.m on Monday. Add the following bullets to subsection (3): • Martin Luther King Day on the Third Monday in January • President's Day on the Third Monday in February • Columbus Day (observed) on the Fourth Friday in November SECTION 00225- WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications, supplemented and/or modified as follows: 00225.00 Scope - Add the following to the end of this subsection: Contractor to provide Temporary Direction and Traffic Control, including but not limited to the following, in compliance with the City Standards, MUTCD and the ODOT/APWA Temporary Traffic Control Standard Drawings as follows: TM800 TCP Details and abrupt edge details TM810 Temporary Reflective Pavement Markers TM820 Temporary Barricades TM821 Temporary Sign Supports TM840 Closure Details TM841 Intersection Details TM 850 2 Lane, 2-Way Roadways 00225.11 Temporary Signing - Replace the sentence that begins "Furnish new or acceptable temporary signs..." with the following sentence: Furnish temporary signs meeting the requirements of the "Acceptable" category shown in the American Traffic Safety Services Association (ATSSA) "Quality Standards For Work Zone Traffic Control Devices" handbook and the following: 00225.90 Payment Work covered under this Section will be paid for as follows: City of Ashland April 2014 54 of 65 Method "B"- Lump Sum Basis SECTION 00280 - EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: Payment 00280.90 General - Delete the first paragraph and the following list of Pay Items and substitute the following. All erosion and sediment control as specified or directed, required by specification, permit requirements and as required by the contractor's own operation shat l be paid as lump sum. The Contract lump sum amount for the bid item Erosion & Sediment Control will be payment in full for all labor, materials, equipment and incidentals necessary to complete the work as specified. The progress payment amount paid for the lump sum item Erosion & Sediment Control will be based on the percent of the original Contract amount that is earned from other Contract items except for Mobilization. SECTION 00290 - ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.20(c-3) Reuse, Recycle, and Dispose of Materials - Replace the bullet that begins "Reuse demolition..." with the following bullet: • Reuse demolition debris. 00290.20(c-3-d) Concrete and Masonry - Replace the paragraph that begins "Concrete and masonry..." with the following paragraph: Concrete and masonry, that is not recycled and does not contain hazardous substances, may be reused to fill basements or be buried in embankments on-site, provided that the materials are broken into pieces not exceeding 15 inches in any dimension, and placed so that: 00290.20(d) Hazardous Waste Management - In the paragraph that begins "in addition to current Laws... replace the two bullets that begin "If the quantity of hazardous waste projected to be..." with the following three bullets: • If the quantity of hazardous waste projected to be generated meets the requirements for a LQG, prepare a full Hazardous Waste Contingency Plan according to 40 CFR 265 Subpart D. Maintain a copy of the Contingency Plan on-site at all times during construction activities, readily available to employees and inspectors. • If the quantity of hazardous waste projected to be generated meets the requirements for a SQG, prepare a modified Hazardous Waste Contingency Plan according to 40 CFR 262.34(d)(5) and 40 CFR 265 Subpart C. Maintain a copy of the modified Contingency Plan on-site at all times during construction activities, readily available to employees and inspectors. • If the quantity of hazardous waste projected to be generated meets the requirements for a CEG, follow the contingency planning and storage requirements of the SQG unless the only potentially hazardous waste is aerosol cans smaller than 20 ounces. Limit storage to 180 days and 2,200 pounds. Prepare a modified Hazardous Waste Contingency Plan and keep a copy on-site with emergency response procedures and contact information. City of Ashland April 2014 55 of 65 00290.20(g) Spills and Releases - Replace the lead-in paragraph that begins "In the event...", with the following lead-in paragraph: In the event of a spill or release of a hazardous substance or hazardous waste or the release of any other material that has the potential to harm human health or the environment, do the following: 00290.32 Noise Control - Add the following paragraphs to the end of this section In addition to the restrictions above, the contractor must comply with the City of Ashland's Noise Ordinance, Ashland Municipal Code 9.08.170.8. Where ever there is a conflict between the City's code and the provisions of subsection 00290.30(d) of the Standard Specifications, the more restrictive provision shall apply. The Contractor shall be responsible for applying for any variances they deem to be desirable for their operations. Denial of any and all variance requests will not be considered in any requests for extension of time to complete work, or for increased compensation. Add the following subsection: 00290.36(c) Avoid Nesting -Comply with Migratory Bird Treaty Act (16 U.S.C. 703-712). Submit a migratory bird protection plan for review and approval at least 10 Calendar Days before the pre-construction conference. Include the following: • Describe measures to avoid disturbance to migratory bird nesting habitat (vegetation, structures) from March 1 to September I of each year. • Do not begin work until the migratory bird protection plan is approved. • In the event the nesting birds or bats are encountered during construction, the Engineer may suspend the work according to 00180.70 ° 00290.42 Tree Protection - Add the following section: City of Ashland Tree Protection The Contractor shall take all necessary precautions to avoid damage to existing trees within the work area. As a minimum, the contractor will provide the following: • Protective Fencing: As indicated on the plans or as directed by the engineer, the contractor shall provide temporary Chain Link Fencing. Fencing shall be installed at the drip line of the trees I . Chain link fencing shall occur around all existing trees and planted areas to be "saved and protected' and existing trees in adjacent areas, that occur within 30 feet of a demolition feature requiring the use of heavy equipment, for example, built structures, buildings and retaining walls, and around trees adjacent to the paths of travel for demolition and construction equipment. Install metal tee posts plumb and evenly spaced not to exceed eight feet along the fence line Drive posts 18 to 24 inches into the ground: adjacent posts shall be within four inches of the same height above grade 2. All chain link fence support posts shall have a minimum spacing distance of eight feet on center. Posts shall be placed in 18-24 inches deep, six-inch diameter augured hole and backfilled with 3/4 inch minus crushed rock. All posts shall be made vertical and ridged to top of fence. If support roots of trees are encountered during post move post to next acceptable location or consult the City's arborist. • Tieback Protection: Protect existing trees and plants against any and all types of damage. Tie back all flexible limbs and overhead branches which may, in the opinion of the Landscape Architect and or representative arborist, may be damaged by the passage or activity of equipment • Excavation: I. Minimize Excavation: Install shoring or other protective support systems to minimize sloping or benching of excavations. 2. Excavation Within Drip Line: Do not excavate within tree drip line, unless otherwise indicated No tree limbs may be removed without the written approval of the representative arborist Excavation City of Ashland April 2014 56 of 65 within drip line shall only occur under the direction of the representative arborist Major lateral roots or taproots shall not be cut unless approved in writing by the arborist or under the direction of the representative arborist. Where excavation for new construction is required within tree drip lines, hand excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. b. Notify project arborist to review areas of impact 48 hours prior to initiation of work. C. Relocate roots in backfill areas wherever possible. d. Roots encountered immediately adjacent to location of new construction and relocations are not 1?r are to be cut appropriately three inches (75 mm) back from new construction. Prune torn roots with clean cut. e. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. f Water and maintain in a moist condition and temporarily support and protect roots from damage until they are permanently relocated and covered with earth • Utility Trenching: Where utility trenches are required within tree drip lines, tunnel under or around any roots greater than two inches in diameter b drilling, pipe iacking or digging by hand. I . Notify project representative arborist to review areas of impact 48 hours prior to initiation of work. 2. Root Pruning: Do not cut main lateral roots or tap roots: cut only smaller roots that interfere with installation of new work. Cut roots with sharp pruning instruments: do not break or chop If in doubt, contact arborist. 3. Consult with arborist to determine if soil aeration may be necessary following utility installation if excessive compaction results from heavy equipment. • Rc¢radin2: 1. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist. a. Notify project arborist to review areas of impact 48 hours prior to initiation of work b. Root Pruning: Prune tree roots exposed during grade lowering Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments: do not break or chop. C. Do not alter original grade more than three inches (75 mm) within drip-line of retained trees 2. Minor Fills: Where existing grade is six inches (150 mm) or less below elevation of finish grade shown, fill with planting soil mix. Place planting soil mix in a single un-compacted layer and hand grade to required finish elevations. • Tree Pruning: 1. General: a. All tree pruning shall occur under the direction of the arborist Notify the arborist to review areas of impact 48 hours prior to initiation of work. b. Evaluate all trees, which are to remain within the limits of work for desired pruning Prune as directed by the arborist. C. Prune to compensate for root loss caused by damaging or cutting root system health of trees appearance, and public safety. d. Provide subsequent maintenance during the Contract period as recommended by arborist e. Cut branches with sharp pruning instruments: do not break or chop. 2. Pruning Standards: Prune trees according to the National Arborist Association's "Pruning Standards for Shade Trees." a. Class 11: Standard Pruning. b. Class III: Hazard Pruning. C. Class IV: Crown-reduction Pruning • Tree Care During Construction: I . Irrigation: a. Provide one inch of irrigation water per week to the root system during the p rowing season b. Provide irrigation during the work of this contract 2. Construction Traffic: Construction traffic within tree protection zones is to be avoided If limited access must occur, protect root zone from compaction with 4" laver of wood chips followed by a layer of plywood over all root zone areas subject to traffic After construction plywood and chips are to be removed. City of Ashland April 2014 57 of 65 Tree Repair and Replacement: I. Promptly repair trees damaged by construction operations to prevent progressive deterioration. 2. Remove and replace dead and damaged trees that the arborist determines to be incapable of restoring to a normal growth pattern. • Disposal of Waste Materials: 1. Burning on Owner's Property: Burning is not permitted on Owner's property. 2. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner's propenly. 00290.90 Lump Sum Basis - Add the following paragraph: Payment shall be made only if there is a bid item, otherwise, providing environmental protection is considered incidental to one or more existing bid items. PART 00700- WEARING SURFACES Section 00706 - EMULSIFIED ASPHALT SLURRY SEAL SURFACING Description 00706.00 Scope - This work consists of applying one or more layers of slurry seal consisting of emulsified asphalt, water, aggregate, and additives on a prepared surface as shown or directed. 00706.02 Abbreviations: ISSA - International Slurry Surfacing Association Materials 00706.10 Emulsified Asphalt - Use CQS-lh emulsified asphalt meeting the following requirements when tested according to AASHTO T 59: Saybolt Viscosity, seconds at 77 °F 15 - 50 Residue from Distillation, Weight % 57% minimum Sieve Test, % Retained on No. 20 Sieve 0.1 maximum Particle Charge, Electroplate (informational) Settlement (Storage Stability), 24 hour 1%maximum Cement Mixing Test (informational) ' The residue shall pass the following specifications: Penetration at 77 °F, 3.5 ounces, 5 sec 40-90 minimum Solubility in CS2 or TCE 97.5 minimum Ductility at 77 °F, inch 15.7 minimum 00706.11 Polymer Modified Emulsion - Use a CQS-lh polymer modified emulsion. The polymer modifier shall be either a solid synthetic rubber or latex material. Combine the polymer modifier with the base asphalt or asphalt emulsion, prior to loading at the manufacturing plant, at the minimum rate of 2.5% to 3% polymer solids by weight of asphalt. The polymer modified emulsion shall be compatible with the mix design developed for the conventional slurry seal. Each shipment of emulsified asphalt shall be accompanied by a certificate of analysis/compliance from the manufacturer. City of Ashland April 2014 58 of 65 00706.12 Aggregate - The aggregate used shall be clean, angular, durable, well graded and uniform. The aggregate shall consist of broken stone, crushed gravel, slag or a combination thereof. To assure the material is totally crushed, 100% of the parent aggregate shall be larger than the largest stone in the gradation to be used. (a) Gradation - Aggregate gradation shall meet the following Type HI only: TYPE 1- TYPE II - Urban TYPE III - Parking Areas, and Residential Primary and Urban and Streets, Airport Interstate Routes Residential Runways Streets, Airport Runways Stockpile Sieve Size Percent Passing Percent Passing Percent Passing Tolerance 3/8" 100 100 100 0 No. 4 100 90- 100 70 - 90 f 5% No. 8 90- 100 65 - 90 45 - 70 ±5% No. 16 65 - 90 45 - 70 28 - 50 15% No. 30 40 - 65 30 - 50 19 - 34 ±5% No. 50 25 - 42 18 - 30 12 - 25 ±4% No. 100 15-30 10-21 7-18 f3% No. 200 10 - 20 5- 15 5- 15 ±2% The job mix gradation shall be within the gradation band for the desired type. After the target gradation has been submitted then the percent passing each sieve shall not vary by more than the stockpile tolerance and still remain within the gradation band. 00706.13 Additives and Mineral Filler - Liquid retardant and mineral fillers may only be used when their quantity can be metered. The use of additives in the slurry mix, (or individual materials), shall comply initially with the quantities predetermined by the mix design, or with field adjustments if required, after approval by the engineer. Portland cement, hydrated lime, limestone dust, fly ash or other approved filler required by the mix design shall meet the requirements of ASTM D 242, and shall be considered as part of the dry aggregate. 00706.14 Water - Water shall be potable, free of harmful salts and contaminants, and compatible with the slurry mix. Water used in mixing or curing shall be reasonably clean and free of oil, sugar, organic matter or other substance injurious to the finished product. 00706.15 Job Mix Formula (JMF) - Prior to the pre-construction conference, submit a signed slurry seal mix design for the specific materials to be used on the Project. Show the percentages of each individual material required on the mix design report. The complete mix design shall be made with the same aggregate gradation that will be used on the Project. After the mix design has been approved no substitution will be permitted unless approved. Water, not exceeding 11% by weight to asphalt emulsion, shall be used to develop a good mix. (a) Laboratory Evaluation - Have the mix design prepared and tested by a laboratory which has experience in designing emulsified asphalt slurry seal surfacing. Determine the proportions of component materials and perform the tests shown in 00706.15(b). The final mix design shall meet the limits shown in 00706.15(b) and (c). (b) Mix Design Tests: Test Description Specification ISSA TB-106 Slurry Seal Consistency City of Ashland April 2014 59 of 65 ISSA TB-139 Wet Cohesion, (For quick-traffic systems) 30 minutes set 0.10 lb-in min. 60 minutes set 0.17 lb-in min. ISSA TB-109 Excess Asphalt by LWT and Sand 1 lb/yd2 max. (For heavy traffic areas only) Adhesion ISSA TB-114 Wet Stripping Pass (90% minimum) Wet Track Abrasion Loss ISSA TB-100 One hour soak 1.5 Ib/ydz max. ISSA TB-I 13 Mix Time * Controllable to 180 sec. minimum * The mixing test and set time test should be done at the highest temperatures expected during construction. The wet track abrasion test is used to determine the minimum asphalt content. The mixing test is used to predict how long the material can be mixed in the machine before it begins to break. The laboratory shall also report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). The report shall clearly show the proportions of aggregate, the minimum and maximum proportions of mineral filler and water, additive usage, and asphalt emulsion based on the dry mass (weight) of the aggregate. All the component materials used in the mix design shall be representative of the materials proposed for use on the Project. Show the percentages of each individual material required in the laboratory report. Adjustments may be required during the construction, based on the field conditions. The Engineer will give final approval for all such adjustments. (c) Component Materials - The Engineer will approve the mix design, all slurry seal materials and methods prior to use. The component materials shall be within the following limits: • Residual Asphalt: Type I - 10%- 16% Type II - 7.5%- 13.5% Type III - 6.5%- 12% Based on dry weight of aggregate. • Mineral Filler: 0.5%-2.0% Based on dry weight of aggregate. • Additives - As needed. • Water - As needed to achieve proper mix consistency. Total mix liquids shall not exceed the loose aggregate voids. Use ISSA T106 to check optimum liquids. 00706.16 Tolerances and Limits - Tolerances for individual materials as well as the slurry seal mixture during production are as follows: • After the designed residual asphalt content is determined, a plus or minus one percentage point variation will be permitted • The percentage of aggregate passing each sieve shall be within the stockpile tolerance range as stated in 00706.12(a) City of Ashland April 2014 60 of 65 • The percentage of aggregate passing shall not go from the high end to the low end of the specified range of any two successive sieves • The slurry consistency shall not vary more than plus or minus 2 inches from the job mix formula after field adjustments • The rate of application, once determined by the Engineer, shall not vary more than plus or minus 2 pound per square yard while remaining within the design application rate 00706.17 Quality Control - Be responsible for quality control as required by Section 00165. Perform quality control sampling and testing as follows: (a) QC/QA Slurry Seal Program - Test gradation, mixture, moisture, and asphalt according to the MFTP. (b) Slurry Seal Production (Gradation): • Stockpile - Every 60,000 square yards. • Tanker - Every 60,000 square yards. • Mixture - To be taken directly out of pugmill every 60,000 square yards. (c) Verification Testing - If comparisons of test results are outside the allowable differences, the Contractor and Engineer will investigate the reason. The Engineer may stop production while the investigation is in progress if the potential for pavement failure is present. The investigation may include review of calculation, testing of the remaining samples, review and observation of Contractor testing procedures and equipment, and a comparison of sample test results. Equipment 00706.20 General - Provide suitable surface preparation equipment, traffic control equipment, hand tools and any other support equipment required as necessary to perform the work. 00706.21 Mixing Equipment - The machine(s) shall be specifically designed and manufactured to lay slurry seal. Mix slurry seal in continuous pug mill mixers; a self-propelled machine specifically designed and manufactured to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, control setting additive and water to a revolving blade mixer that discharges the thoroughly mixed product on a continuous flow basis. Concrete transit mixer trucks shall not be used. Minimum slurry seal machine size shall be 7 cubic yards. In the case of equipment failure have a minimum of two machines on site with another off site for immediate backup. The machine shall be capable of mixing materials at pre-set proportions regardless of the speed of the machine and without changing machine settings. The mixing machine shall be equipped with an approved fine feeder that provides an accurate metering device or method to introduce a predetermined proportion of mineral filler into the mixer at the same time and location that the aggregate is fed. Use the fine feeder whenever added mineral filler is a part of the aggregate blend. The mixing machine shall be equipped with a water pressure system and fog type spray bar adequate for complete fogging of the surface preceding spreading equipment. (a) Proportioning Devices - Provide and properly mark individual volume or weight controls, such as revolution counters or similar devices, for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, additive, emulsified asphalt and water). Instruct the Engineer how to calculate the application rate per square yard utilizing the Contractor's proportioning devices. (b) Calibration - Calibrate, in the presence of the Engineer, each slurry mixing unit to be used on the Project prior to construction. Previous calibration documentation covering the exact materials to be used may be accepted by the Engineer provided they were made during the calendar year. The documentation shall include an individual City of Ashland April 2014 61 of 65 calibration of each material at various settings, which can be related to the machines metering devices. No machine will be allowed to work on the Project until the calibration has been completed and/or accepted. 00706.22 Spreading Equipment - Spreader Box - Attach to the mixer machine a mechanical type squeegee distributor equipped with flexible material that is in contact with the pavement surface to prevent the loss of slurry from the distributor. Adjust the distributor to prevent the loss of slurry on varying grades and crown and to assure uniform spread. There shall be a steering device and a flexible strike-off. The spreader box shall have an adjustable width. Keep the spreader box reasonably clean, and do not allow buildups of asphalt and aggregate. Only one tail rubber will be allowed. Any type of drag used shall be subject to approval by the Engineer and kept in a completely flexible condition at all times. 00706.23 Rollers - If required by the Special Provisions, rollers shall be self-propelled, steel-wheeled or pneumatic-tired type and be equipped with a water spray system. Steel-wheeled rollers shall be capable of providing a weight of not less than 2,400 pounds per foot width of the compression roll or rolls. Pneumatic-tired rollers shall be capable of exerting a ground pressure of not less than 80 pounds per square inch of tire contact area Labor 00706.30 Quality Control Personnel - Provide a certified technician in the following field: • CAT-I Construction 00706.40 Weather Limitations - Do not apply the slurry seal if either the pavement or air temperature is below 50 °F and falling. The slurry seal may be applied when both the pavement and air temperature are above 45 °F and rising. Do not apply if there is a danger that the finished product will freeze before 24 hours. Do not apply when weather conditions prolong opening to traffic beyond a reasonable time. Do not apply in the rain. Replace slurry damaged by rain after application according to the Specifications, and as determined by Engineer, at no additional cost. Clean the street of all remaining slurry mix materials prior to re-application. Adjust the rate of application of the fog spray during the day to suit temperatures, surface texture, humidity and dryness of pavement surface. Do not spray additional water into the spreader box. 00706.41 Preparation of Surface - Submit details of the proposed street cleaning for approval by the Engineer prior to the preconstruction conference. Remove any organic materials in cracks orjoints not removed during crack sealing as part of the pavement preparation. Pavement preparation shall consist of removal of all oil spills, flushing and sweeping. Complete flushing, as needed, prior to sweeping. Finish sweeping with a vacuum sweeper no more than 24 hours prior to application of the slurry seal. If there is a delay of more than 48 hours between sweeping and slurry sealing caused by weather conditions or other unforeseen circumstances, re-sweep as determined by the Engineer, at no additional cost to the Agency. Prepare the pavement on which the slurry seal is to be placed as follows, as directed. (a) Base Repairs - Where determined by the Engineer, excavate and replace surfacing materials according to Section 00748. (b) Surface Repairs - Where the pavement is severely cracked, rutted, deformed or otherwise distressed, place a leveling course or patch using 3/4 inch or 1/2 inch dense graded asphalt concrete. The class of mix to be used shall conform to Section 00745. Place the mixture in accordance with Section 00745. (c) Crack Sealing - Clean and fill cracks 3 mm 1/8 inch and larger inside the proposed slurry seal area. City of Ashland April 2014 62 of 65 (d) Tack Coat - On old, dry bituminous pavements and on rigid pavements, the Engineer may direct that tack coats be applied prior to placing the slurry seal. The tack coat shall be a diluted asphalt emulsion of the same type and grade specified for the slurry mix. The ratio of asphalt emulsion to water shall be 1:3. Apply the diluted material uniformly with a pressure distributor at a rate between 0.05 to 0.10 gallon per square yard, as determined by the Engineer. The tack coat shall be cured thoroughly prior to the application of the slurry seal. (e) Street Equipment and Procedure - Immediately prior to applying the slurry seal, clear the surface of all loose material, silt spots, vegetation, oil spots and other objectionable material. Any standard cleaning method will be acceptable. If water is used, allow cracks to dry thoroughly before slurry sealing. The Engineer will approve the surface preparation prior to sealing. (I) Utility Covers - Protect manholes, valve boxes, drop inlets and other service entrances from the slurry seal by a suitable method. Clean these covers as quickly as possible after the application of the slurry seal and definitely prior to the final set. If necessary, clean slurry residual from the interior of the utilities. (g) Pavement Markings - Cover, or remove, all reflector buttons before slurry seal is to be applied to any area, as determined by the Engineer. Cover all thermo-tape markings and do not slurry seal over, or remove and replace as directed. Remove all paint pavement markings to prevent bleeding through the slurry seal and to allow proper adhesion. 00706.42 General - The surface may be wetted by fogging ahead of the slurry box, if required by local conditions. Apply water used in wetting the surface at such a rate that the entire surface is damp with no apparent flowing water in front of the slurry box. The slurry mixture shall be of the desired consistency upon leaving the mixer. Do not add additional elements. Carry a sufficient amount of slurry in all parts of the spreader at all times so that complete coverage is obtained. Do not allow lumping, balling or unmixed aggregate in the spreader box. Do not allow segregation of the emulsion and aggregate fines from the coarse aggregates. If the coarse aggregate settles to the bottom of the mix, remove the slurry from the pavement. Do not allow excessive breaking of the emulsion in the spreader box. Do not leave streaks, such as caused by oversized aggregate, in the finished pavement. Maximum mixing time in the pugmill shall be four minutes. 00706.43 Application Rate - The minimum rate of application of dry aggregate per square yard will be determined by the Engineer. The depth of the slurry seal shall be sufficient to correct surface conditions, fill surface voids, and provide sealing and a minimum wearing surface. The maximum allowable vehicle speed for the rate of application shall be 180 feet per minute. Failure to demonstrate the proper rate of application will result in suspension of the work until the Contractor can demonstrate otherwise, at no additional cost. ISSA TB 112 gives a method to determine expected application rates. The slurry seal mixture shall be of proper consistency at all times to provide the application rate required by the surface condition. The average application rate, as measured by the Engineer, shall be in accordance with the following table: SUGGESTED APPLICATION RATE Recommended Use TYPE I Parking Areas, Urban and Residential Streets, Airport 6.7 - 10.0 Ibs/yd2 Runways TYPE 11 Urban and Residential Streets, Airport Runways 10.0 - 16.7 Ibs/ydz TYPE III Primary and Interstate Routes 15.0 - 25.0 Ibs/ydz 00706.44 Applying Slurry Seal Sample Strip - The strip shall consist of two panels approximately 50 feet long, placed side by side to form a typical seam between them. The width of the panels shall be the same as the Contractor plans to use on the streets. Place the strip at least 24 hours prior to the beginning of the actual work. Use the strip to calculate and monitor the rate of application in relation to weight of material per area, and to define the City of Ashland April 2014 63 of 65 speed of the equipment related to the rate of application. If it is determined by the Engineer on the basis of this test strip that there are deficiencies in the mix design, method of application and rate of application, the Engineer may require the Contractor to revise the mix design, or repair or modify the equipment or application. After all changes are made, lay a new sample strip. 00706.45 Joints - Construct a uniform line along the edge and a good seal at curb lines. Construct the flow line at curbs to allow storm drainage flow to catch basins without bonding along the curb line. In the case of a concrete gutter, cover the gutter line joint with the slurry seal, but do not overlap onto the gutter. Remove any overlap, as determined by the Engineer, at no additional cost. Streets that have been recently slurry sealed that cross this Project shall not be slurry sealed again. The slurry joints and panels shall be straight, neat and uniform and follow the contour of the existing curb or concrete gutter. The width of the panels shall be the same as demonstrated in the sample strip. Floating (adding additional water other than what is required for the approved mix design) of the emulsion or slurry mixture in the pugmill and/or spreader box to cover or overlap missed areas will be prohibited. Keep lines straight at intersections to provide a good appearance. 00706.46 Handwork - Use approved squeegees to spread slurry in areas not accessible to the slurry mixer. Limit handwork at the beginning and end of the panels to prevent segregation of the rock from the emulsion and to minimize cosmetic drag mop marks and/or defects in the finished product. The same type finish as applied by the spreader box shall be required. Complete handwork prior to setting of the slurry. 00706.47 Curing - The rate of curing of the slurry seal shall be such that a street may be opened to traffic after application without tracking or damage to the surface. Protect the area for the full curing period with suitable barricades or markers. The Agency will not be responsible for any damage to the slurry seal prior to opening the area. Repair all damage to the slurry, to the satisfaction of the Engineer, at no additional cost to the Agency. 00706.48 Rolling - If required by the Special Provisions, apply a minimum of two full coverage passes to the surfaced areas by the roller, or as directed. 00706.49 Cleanup - Remove all debris associated with the performance of the work on a daily basis. Temporary 00706.51 Provision for Traffic - Be responsible for notifying all abutting property owners along the streets in accordance with the approved schedule, or an approved revision thereto, 48 hours prior to the specific work. Remove all traffic control promptly when it is determined that the street may be open to traffic. Do not seal any street that requires closing overnight without the approval of the Engineer. In the event that slurry seal does not cure in a timely manner and remains trackable overnight, apply a covering of 1/4 inch minus material to prevent tracking and related property damage prior to permitting traffic on the street. Cost for this work shall be considered as Incidental to the work. Be responsible for all damage to the uncured slurry or to private or public property due to tracking of the uncured material. Measurement 00706.80 Slurry Seal - Slurry seal will be measured on an area basis. City of Ashland - April 2014 64 o/65 00706.81 Crack Seal - Crack seal will be measured on a length basis of material in place. 00706.82 Base Repair - Base repairs will be measured according to Section 00332. 00706.83 Surface Repair - Asphalt concrete will be measured according to Section 00745. All other work associated with surface repairs is considered Incidental to slurry seal. Payment 00706.90 Slurry Seal - The accepted quantities of slurry seal will be paid for at the Contract unit price square yard for the item "Slurry Seal". Payment will be payment in full for furnishing and placing all materials and furnishing all equipment, labor, and incidentals necessary to complete the work as specified. Unless there are pay items for crack sealing, base repair, and surface repairs, these items will be considered Incidental and included in payment made for the slurry seal item. 00706.91 Crack Seal - The accepted quantities of crack sealing will be paid for at the Contract unit price per foot for the item "Slurry Seal Crack Sealing". Payment will be payment in full for furnishing and placing all materials and for furnishing all equipment, labor and incidentals necessary to complete the work as specified. Payment also includes preparation work, sealant, routing, and backer rods. 00706.92 Base Repair - The accepted quantities of base repairs will be paid for according to Section 00332. 00706.93 Surface Repair - The accepted quantities of asphalt concrete will be paid for according to Section 00745. 00706.94 Incidental Basis - When not listed in the Schedule of Items, slurry seal, crack seal, base repair, and surface repair will be considered Incidental. City of Ashland ' April 2014 65 of 65 PERFORMANCE BOND The undersigned BLACKLINE, INC., as principal, further referred to in this bond as Contractor, and CONTRACTORS BONDING AND INSURANCE COMPANY, as surety. further referred to in this bond as Surety, are iointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of ONE HUNDRED NINE THOUSAND ONE HUNDRED NINE---Dollars ($109,109.00--). Contractor and City have entered into a written contract dated MAY 22, 2014, for the following project: 2014 Slurry Seal, This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void: otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under 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 subiect to claims under ORS 279C.380 through 279C.390. 4. This obligation iointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: CSBOO18771 Bond Agent: MOLONEY, O'NEILL, CORKERY & JONES, INC. Address: 818 West Riverside Avenue, Suite #800 Spokane WA 99201 Telephone: (509) 325-3024 SIGNED this 29th day of May 2014 PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: B KLINE INC. By: (Corporate Seal) Title: I 6 CGS W -c / S PC r2'~A ( N Legal Address: 13023 NE Hwy 99 #7 PMB 196 Va ouver WA 98986 Attest: Corporate Secretary WITNESS: SURETY: CON RACTORS BONDING AND INSURANCE COMPANY (Corporate Seal) By: -`au~ - - Title: Charla M. Boadle, Attorney-In-Fact Legal Address: PG Box 3967 Peor' IL 61612-3967 Attest: Patricia M. Wachter, WitnessCmpurKbm3Ht =v K PAYMENT BOND The undersigned BLACKLINE, INC., as principal, further referred to in this bond as Contractor, and CONTRACTORS BONDING AND INSURANCE COMPANY, as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of ONE HUNDRED NINE THOUSAND ONE HUNDRED NINE-----Dollars ($109,109.00----). Contractor and City have entered into a written contract dated MAY 22, 2014, for the following proiect: 2014 Slurry Seal. This contract is further referred to in this bond as the Contract and is incomorated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: CSBOO18771 Bond Agent MOLONEY, O'NEILL, CORKERY & JONES, INC. Address: 818 West Riverside Avenue, Suite #800 Spokane WA 99201 Telephone: (509) 325-3024 SIGNED this 29th day of May 2014 PAYMENT BOND Paee 2 WITNESS: CONTRACTOR: BLA CLINE, n By. (Corporate Seal) Title: T.7'-G So (-d / ) l Lc Legal Address: 13023 NE Hwy 99 &7 PMB 196 Vancouver WA 98026 Attest: ( -0-7- orate Secretary WITNESS: SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY (Corporate Seal) By. Q" -i~ 4au, Title: Charla M. Boadle, Attorney-In-Fact Legal Address: PO Box 3967 Peor' IL 61612-3967-~n^ p I / Attest: Patricia M. Wachte'r, witness eg~ RLI® cbic POWER OF ATTORNEY .R Rlr Dwnpsrry RLI Insurance Company P.O. Box 3967 1 Peoria, 1L 61612-3967 Contractors Bonding and Insurance Company Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark L. Roff, Lisa A. Tatham, Cathie Hamlin, Janet M. Fenton, Charla M. Boadle, Tim Brinson, Patricia M. Wachter, Jeff ONeill, jointly or severally in the City of Spokane , State of Washington , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this _2 h day of My, 2D A. ``POaO„IO.ND1x.~"'0 ppNCECO RLI Insurance Company ~0'••pD0 Rq o~"•• Sq'• Contractors Bonding and Insurance Company SEAL _ SEAL 1979 State of Illinois l Roy C. Die Vice President J} SS ~•SXING~°~ ,4L;Np` County of Peoria CERTIFICATE On this 9th day of May 2014 1, the undersigned officer of RLI Insurance Company, a stock before me, a Notary Public, personally appeared Roy C. Die , who corporation of the State of Illinois, and/or Contractors Bonding and being by me duly sworn, acknowledged that he signed the above Power of Insurance Company, a Washington corporation, do hereby certify Attorney as the aforesaid officer of the RLI Insurance Company and/or that the attached Power of Attorney is in full force and effect and is Contractors Bonding and Insurance Company, and acknowledged said irrevocable; and furthermore, that the Resolution of the Company as instrument to be the voluntary act and deed of said corporation. set forth in the Power of Attorney, is now in force. In testimony whereof, 1 have hereunto set my hand and the seal of the RLI Insurance Comport and/or Contractors Bonding and Insurance Company this Mu- day of Mits 710 lG2P.C•, RLI Insurance Company Jacqu ine M. Bockler Notary Public Contractors Bonding and Insurance Company z(. f 'OFFICIAL SEAL" x x' ~ Roy C. Die Vice President y"",o~! JACQUELINE M. BOCKLER + COMMISSION EXPIRES01hN18 4675444020212 A0059913 Y STATE OF OREGON . STATUTORY PUBLIC WORKS BOND **DUPLICATE ORIGINAL Suretybond#: FC9922'..CCB#(ifapplicable): We, Blackline, Inc. as principal, and Contractors Bonds.nq and Insurance 'Company a corporation qualified, and authorized to do business in the State of Oregon, as surety; are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon Bureau of Labor and Industries (BOLI) in the sum of thirty thousand. dollars ($30,000) lawful money of the United States of America. to be paid as provided in ORS chapter 2790, as amended by Oregon Laws 2005, chapter 360, for which payment wetland truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by this agreement. WHEREAS, the above-named principal wishes to be eligible to work on public works project(s).subject to the. provisions of ORS chapter 279C,, as amended by Oregon Laws 2005, chapter 360, and. is, therefore; required to obtain and file a statutory public works bond. in the penal sum of $30,000 with good and sufficient surety as required pursuant to the provisions of section.2, chapter 360, Oregon Laws 2005, conditioned as herein set forth. NOW, THEREFORE, the. conditions of the foregoing obligationsare that if said principal with regard to all work done by the, principal as a contractor or subcontractor on public works project(s), shall pay. all claims ordered by BOLL against the principal to workers performing labor upon public works projects for unpaid wages determined. to be due, in accordance with ORS chapter 2790, as amended by Oregon Laws 2005, chapter 360, and OAR Chapter 839, then this obligation shall be void; otherwise to remain in full force and effect.' This bond is for the exclusive, purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works projects in accordance with ORS chapter 279C, as. amended by Oregon Laws 2005, chapter 360. This bond. shall be one continuing obligation, and the liability of the surety-.for'theaggregate of any and.all claims which. may arise hereunder shall in no event exceed the amount of the penalty of this bond. This bond shall becomeeffective on the date it is executed. by both the principal and surety and shall continuously remain in effect until depleted by claims paid under ORS chapter 279C, as amended, by Oregon Laws 2005, chapter 360, unless the surety sooner cancels the bond. This bond may be cancelled.by the surety andthe surety be relieved of further liability for work performed on contracts entered after cancellation by giving 30 days' written notice to the principal, the Construction Contractors Board, and BOLI. Cancellation shall not limit the responsibility of the surely for the payment: of claims ordered by BOLL relating to work. performed during the work period of a contract entered into before cancellation of this bond. IN WITNESS WHEREOF, the principal and surety execute this agreement. The surety fully authorizes its representatives in the State of Oregon to enter into this obligation. SIGNED, SEALED AND DATED this 11th day,of August , 2009 Surety by: Principal by: Contractors Bonding and Insurance Company (seal) Blackline, Inc. Company Name Name Signature signature Charla M. Boadle,.Attorney-In-Fact Guy Lorenzen, President Title (e.g. Attorney-in Facr). Title PO Box 28807 e7O v ketjori't d»q_dysoel Address S ~a T5 -e!'?~ 9a84¢Z~ Spokane WA 99228 Clry Stale Zip L_. Y v iY * .rte 1 J n 3 t:4.' s YJS 1 r . t J• 1 ' fV~~ 60Na~' ✓ Y C F In gTMTM~~g-A~p'+ A7t~ 7~ ~y r~~g. + 1JLJ 1irl.R A~ i~`E OMTR Og,+w A 0AY.L`a E.Y ieat F 11 { / r - ~ .iID9VXANL4C i $4 r*1t ~ y> W ~ ✓ O 'y 1. ` NottVattd for Roads f x { Y* y , Power of- atorney. Executed Qn or After eax,IlsT zollj Ntunbcrazacv?. 'C4a. , S r t Y rF $ s + l t out fir Only ¢n urultcred onyti~9l oj'tpits HZ Uler of+n nt y docuntont ug. atl)d A,vaildnitgutsLgf,thisidoCnmant is pnpmd o) gmv; zi, `r Secuutypapcr wrth'blackpnd red tpkanfibenrs the seal ofCogtragt6r<BtrndttlCand tnsWance Coq)psnytihe "Company Ie °s ' ltt The or innl documm prnua)tya ntta('rmarknt~Upfpa letters ~btc ~omb~dfied JAhepn~Rnc¢therthan prfnt6d upon it fhu, c=, r t;t ~ w'ttt.rmark appcarg )n itib blank space Ueneutb the;words„Ltmiie`~ Powek o~Attomc}J nt th tap%nY dta;.ilgeument anti ti ~ " ''3 ` vlstblC wliGn the docunenl is hnidtotlln hghtt 76ts iLueutntnt dwalid SOlCiy iuconneatton wulylheexecidtnn and dtltvirysl=~- r tfit bond 6zmms rho numbur indlentotlbclo~v q' a S, that tl)c bond isof the type tpdiwicd beluW!Thw doctAiiku 7 a yz ~ uv1JrU gdly tL thcbon~sn~Sgui~ryi oh or baforoxhe.dhtt. uldte~me(~bove r ~ Il a, 4 iIINON ALL MEN EY 'TBESrE='PRESENTS, that the compan7t<aoes herebyk6, constitute .t< £Y 'and"apE+oiat Jthe Pollowi~t9+ CATHIE HAMDIN TSD1 HRiNSON, CBARLA~M ?]30ADL8 RDT8 `i„ 8~T&OTMEIBR Bad _~TANST M ~F8NT0~`I it3 tifrtie 'and~lavfful ;llttofaey Gs) ln,*Factr 'with 4 1` full power aad authority •herebyt conferred hits nwaa D3: mad 'sl:ead, to r k<;? eXeoute3''aalmow1 edge aa8 delzver'oa~beliidi of idh ::dOmpaay su"A 14 A*-, ad ell { 1, boada,:,shdw~undeitakinga of SUretYeliip Daven;%for any P!tr8osa, ryrovaded ~bomeves, r i `r that no )auch pe soa ahal'1 be authoiizedYto,: exxeauta iabd,~delivsxTM aay boad or undertal¢ng (:hat sba11 ob1:,jj"`e thar ConrpaaY^ or aaytportioa of the penal sum thereof' a.n eacaass of $10 'ODO~ 000, t a~xd vro~ridad a-,Pusbh'er.,'~thyt:)ao kAt,~ornay in k'act shall have the authoY¢.ty to asaua~a,'b>.$£or~,prgposal boMad: for aapmjeat g ~woul& be+. regairad a witb'` wherey~-iP a contract'iskmwarded,'"F"uiy bonfl os{unflertkia samil 8 docuateileg ~eeoquirel byfan:obl 9'e =derae cotn'tractabonded vby ~Cha - A zlj Company," This appointmenV;xs made under the authority Af the Hoarfl of Directors: " of <tha'Catt~Bny r r y > ter S- +1 w r i < - 77, 3 da CS' 1 a n 7 i z J t, v i J r 1f q f M -rr I 1$ N x q .6 Y 5 2 r< ~~G"EA`T) +ICATL z et A { 5 {9 9 f- 4 .r w Fn ,r , the undetstbned senretany of Cdr~tt~ctor~ B'onHtn~ apd Insu1% Company 'a Washtn tort -.r j00rpOmii6 DO,FII;'RGBY G.luRb'i): Y that Chts S~o)vei' ttoutrry°rematns n full 1'grw and ~If~ci rind t has riot been revoked and fdthermore that the iesol6tions of the Beard of orssetit Obrtloat the reverse aXe'now itit f~tl fgtce aDi effect r ' > ryI $ 3 {m rr' "k tM~ k 9Y .4 r it >A S;' i Y,Y t 11'- wry, h.52~ b .t t {ii1 3 t4r % tY t ' `.'f} z Hon~tUMbet ,r - FC9932 ,t z"..r",Lt'r ! f > r ° ' u ,:,y S,~ iM Y y4 t I.~ 1 F ' , August 2D09 ra PStgnednds aledthis llttz dayou c~ 0 r.r toy . +,1 _ ~L' h ~ r,. f; Kx6 flood Suremq ~i , ~ r ~ lpxCBIC •.12I3U~I~My~$treet;o4l~p BoX~J2'>zl oSeadle~R~A98109 027I'~ ° , K d r , rl ~206~ G22 7053 m {800 765rCBiC ( a111~k. ds{8(l0) 940 1 5. (FA7f}, v - P . e v, i-) ax ~!2' •'?t. ,~,`~r-' fPv~uT"nn 9&usoa6 ,oY SYS. ✓ RK. ,r v. } e 4 o s! tiI; t', y u 4 k .i<K t A 4- `r J 7 2 Y { BLACINC-01 CHAMLIN CERTIFICATE OF LIABILITY INSURANCE 6 DATE 1 /s/zola 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 endorsements . PRODUCER CONTACT NAME: Moloney, O'Neill, Corkery 8 Jones Inc aHD N t: 325.3024 FAx 818 W Riverside #800 C (509) Alc No: (509) 325.1803 Spokane, WA 99201 E-MAIL -ADDIRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Alaska National Insurance Co INSURED INSURER B : Blackline Inc INSURER C PO Box 28807 INSURER D: Spokane, WA 99228 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 CONTRACTOR 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. ILTR TYPE OF INSURANCE INSR WOO ADDL BR POLICY NUMBER fMMIDDNYYY) MPOLICY EXP MIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL UABILITY 131PS31764 09108/2013 0910812014 PREMISE occurrence $ 100,00 CLAIMS-MADE FX1 OCCUR MED EXP(Ary one person) $ 5,00 X Blanket Add] Insd PERSONAL S ADV INJURY $ 1,000,000 X ANICGL10610308 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO S 2,000,00 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINEOSINGLELIMIT t,000,OO Ea accident $ A X ANY AUTO 131AS31764 09/0812013 0910812014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUT BODILY INJURY /Per accdent) E OS X HIRED AUTOS X NON-0WNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT 3 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 A EXCESS LIAB CLAIMS-MADE 131LU31764 09108/2013 09108/2014 AGGREGATE $ 3,000,00 DED RETENTIONS $ WORKERS COMPENSATION WC STATU. OTH- AND EMPLOYERS' LIABILITY Y LIMITS A ANY PROPRIETORIPARTNEWEXECUTIVE YIN 131 PS31764 09108/2013 89/0812014 E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) EL DISEASE - EA EMPLOYE $ 1,000,000 Use, desa0e under DESCRIPTION OF OPERATIONSIoeloe EL. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks schedule, if more space is required) CITY OF ASHLAND ITS AGENTS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS FOR GENERAL LIABILITY AS SHOWN ABOVE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUBLIC WORKS ENGINEERING ACCORDANCE WITH THE POLICY PROVISIONS. 20 E MAIN Ashland, OR 97520 AUTHORIZED REPRESENTATIVE / ~ WCa,C1YV3-!' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Alaska National INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Who Is An Insured (Section II) is amended to ii. supervisory, inspection, or engineering include as an insured any person or organization services. (herein referred to as an additional insured), but only If you are required to add that person or c. The insurance provided to the additional organization as an insured to this policy by a insured, referred to in paragraph 1. of this written contract that is in effect prior to the 'bodily endorsement, does not cover "bodily injury" or injury", "property damage', or "persona( and "property damage" caused by your negligent advertising injury'. acts and omissions in the performance of "your work" that occurs within the "products- 2. The insurance provided to the additional insured completed operations hazard," unless the Is limited as follows: written contract, referred to in paragraph 1. of this endorsement, contains a specific a. That person or organization is only an requirement that you procure completed additional insured if, and only to the extent operations coverage or coverage within the that, the injury or damage Is caused by "products-completed operations hazard" for negligent acts or omissions of you or your the additional insured. However, even if subcontractor in the performance of "your coverage within the "products-completed wodf' to which the written contract applies, operations hazard" is required by the written The person or organization does not qualify contract, such coverage is . available to the as an additional insured with respect to injury additional insured only if the "bodily injury" or or damage caused in whole or in part by "property damage" occurs prior to the end of independent negligent acts or omissions of the time period during which you are required _'-STJb on bror"gag~i FffifCtSri:" 6)( tlTe written --66fiW f- r Jiiie such " covoraoe_or_ttre eXOiradon_date-of~lu.-oolic~_ b. The insurance provided to the additional whichever comes first. insured does not apply to "bodily injury', "property damage", or "personal and 3. If other valid and collectible insurance, whether on advertising injury" arising out of an architects, a primary, excess, contingent or any other basis, engineer's, or surveyor's rendering of or is available to the additional insured for a loss we failure to render any professional services cover under this endorsement, then the insurance including: provided by this endorsement is excess over that other insurance. However, the Insurance provided I. the preparing, approving, or failing to by this endorsement will be primary to other prepare or approve maps, drawings, insurance on which the additional insured is a opinions, reports, surveys, change orders, named insured for the covered toss, if the written design or specifications; and contract, referred to in paragraph 1, of this ANIC GL 1061 03 08 Insured Copy Page 1 of 2 Alaska National INSURANCE COMPANY endorsement, contains a specific requirement that this Insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional Insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date Issued at 12:01 A.M. standard time at your mailing address shown in the policy. The Information below is required only when this endorsement Is Issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 13 Countersigned By ANIC GL 1061 03 08 Insured Copy Page 2 of 2 Alaska National INSURANCE COMPANY BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against The waiver applies only to the person or organization any person or organization because of payments we you contracted with and then only if the contract make for injury or damage arising out of "your work" requires you to obtain this agreement from us. done under a written contract with that person or organization. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 12 Countersigned By ANIC GL 702 05 95 Insured Copy Alaska Mp onal INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV - Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. S. - Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us Is amended to include, covered. S. Transfer of Rights of Recovery Against Throughout this policy, the words 'you" and 'your" Others to Us refer to the Named Insured shown in the Declarations. The words "we°, 'us", and 'our' refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the 'accident" marks have special meaning. Refer to SECTION V - or the 'loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION it - LIABILITY COVERAGE, Paragraph per 'aocldent' and, unless otherwise specified, are A.2.a. (2) - Supplementary Payments is replaced by subject to all of the terns, conditions, exclusions and the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II - LIABILITY COVERAGE, Paragraph violations) required because of an A.I. Who Is An Insured is amended to include: 'accident' we cover. We do not have to furnish these bonds. d. Any "employee" of yours while operating an 'auto' hired or rented under a SECTION it - LIABILITY COVERAGE, Paragraph contract or agreement in that A2.a. (4) - Supplementary Payments is replaced by 'employee"s" name, with your permission, the following: while performing duties related to the conduct of your business. (4) All reasonable expenses incurred by the "insured" at our request, including e. Any person or organization for whom you actual loss of earnings up to $500 a have agreed in writing to provide day because of time off from work, insurance such as is afforded by this Coverage Forth, but only with respect to liability arising out of the ownership, maintenance or use of "autos" covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 02 13 Page i of 4 Alaska National INSURANCE COMPANY SECTION II - LIABILITY COVERAGE, Paragraph c. "Loss" caused by falling objects or A.2.c. - Voluntary Property Damage is added as missiles. follows: However, you have the option of having glass c. Voluntary Property Damage breakage caused by a covered 'auto's' collision or overturn considered a 'loss' under At your written request, we may make a Collision Coverage. voluntary payment for Property Damage caused by an "insured% but without Glass Repair- Waiver of Deductible liability to a third party, up to $25,000. We will not make a Voluntary Property No deductible applies to glass breakage, if Damage payment to anyone who is an the glass is repaired rather than replaced. "insured' under this policy. SECTION III - PHYSICAL DAMAGE COVERAGE, SECTION 111 - PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. - Transportation Expenses is Paragraph A.2. - Towing is replaced by the following: replaced by the following; Towing a. Transportation Expenses We will pay up to $500 for towing and labor We will pay up to $200 per day to a costs incurred each time a covered "auto" maximum of $1,500 for temporary that is a: transportation expense incurred by you because of the total theft of a covered a. Private passenger; "auto" that is a: b. Truck; (1) Private passenger, c. Pickup truck; (2) Truck; d. Panel ; or (3) Pick-up truck; e. Van (4) Panel; or type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the labor must be performed at place of type vehicle under 20,000 lbs. of Gross disablement. Vehicle Weight We will pay only for SECTION 111 -PHYSICAL DAMAGE COVERAGE, those covered *autos' for which you carry either Comprehensive Paragraph A.3. - Glass Breakage - Hitting a Bird or Specified or Animal - Failing Objects or Missiles is replaced Causes of Loss Coverage. We will pay by the following: for temporary transportation expenses incurred during the period beginning 48 Glass Breakage - Hitting a Bird or Animal hours after the theft and ending, Falling Objects or Missiles regardless of the policy's expiration, - when the covered "auto° is returned to If you carry Comprehensive Coverage for the use or we pay for its `loss". damaged covered 'auto', we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. 'Loss' caused by hitting a bird or animal; and ANIC CA 1150 02 13 Page 2 of 4 Alaska IWational WILM~ I N S U R A N C E C O M P A N Y SECTION 111 - PHYSICAL DAMAGE COVERAGE, (2) Specified Causes of Loss only If the Paragraph AA.b. - Loss of Use Expenses is Declarations indicate that Specified replaced by the following: Causes of Loss Coverage is provided for the "auto" withdrawn from service; b. Loss of Use Expenses - Hired, Rented, or or Borrowed Automobiles (3) Collision only if the Declarations indicate that Collision Coverage is We will pay expenses for which an provided for the "auto" withdrawn "insured" becomes legally responsible to from service. pay for loss of use of a vehicle hired, rented or borrowed without a driver under SECTION III - PHYSICAL DAMAGE COVERAGE, a written rental contract or agreement. Paragraph AAA. - Airbag Coverage is added as We will pay for loss of use expenses, if follows: caused by: d. Airbag Coverage (1) Other than Collision, only If the Declarations indicate that We will pay for the cost to repair, replace, Comprehensive Coverage is provided or reset an airbag that inflates for any for the vehicle withdrawn from reason other than as a result of a service. collision, if the Declarations indicate that the covered "auto" has Comprehensive (2) Specified Causes of Loss only if the Coverage or Specified Causes of Loss Declarations indicate that Specified Coverage. Causes of Loss Coverage is provided for the vehicle withdrawn from SECTION III - PHYSICAL DAMAGE COVERAGE, service. Paragraph A.4.e. - Rental Reimbursement Coverage is added as follows: (3) Collision only if the Declarations indicate that Collision Coverage is e. Rental Reimbursement Coverage provided for the vehicle withdrawn from service. We will pay up to $75 per day for rental reimbursement expenses incurred by you However, the most we will pay for any for the rental of an "auto" because of expenses for loss of use is $200 per day, to a "loss" to a covered 'auto" that is a: maximum of $1,500. SECTION Ili -PHYSICAL DAMAGE COVERAGE, (1) Private Passenger; Paragraph AA.c. - Non-Transportation Loss of Use (2) Truck; Expenses is added as follows: (3) Pick-up truck; c. Non"Transportatlon Loss of Use Expenses (4) Panel; or We will pay up to $2,000 for non- (5) Van transportation expense incurred by you, because of "loss" to a covered "auto", if type vehicle under 20,000 lbs. of Gross caused by: Vehicle Weight Payment applies in addition to the otherwise applicable (1) Other than Collision, only if the amount of each coverage you have on a Declarations indicate that covered 'auto". No deductibles apply to Comprehensive Coverage is provided this coverage, for the "auto" withdrawn from service; ANIC CA 1150 02 13 Page 3 of 4 Alaska National I N S U R A N C E C O M P A N Y (1) We will pay only for those expenses SECTION IV - BUSINESS AUTO CONDITIONS - incurred during the policy period Paragraph B.5.b. - Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered "autos" you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered "auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations, performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V - DEFINITIONS - Paragraph C. - SECTION IV - BUSINESS AUTO CONDITIONS - "Bodily injury" is replaced by the following: Paragraph B.2. - Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2, as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental Unintentional Failure to Disclose Hazards anguish means any type of mental or emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By © Insurance Services Office, Inc., 2009 ANIC CA 1150 02 13 Page 4 of 4 4/32014 S ACIQINE INC STATE OF WASUNGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage April 8, 2014 ~WA UBI No. 601 000 623 E L&I Account ID j 511,463-00 Legal Business Name BLACKLINE INC Doing Business As _ BLACKLINE INC Workers' Comp Premium Status Account is current. Estimated Workers Reported Quarter 1 of Year 2014 "4 to 6 Workers" i (See Description Below) Account Representative T3 / THOMAS BOYLE (360)902-4886 - Email: BOYT235@lni.wa.gov Licensed Contractor? _ Yes License No. BLACKI.135CP _ License Expiration 03119/2016 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have'no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). l hosJlsewe.Iri.era.gvAwiflrDeWlsAiWb lit CertlBcate.asp7UB1=801000623&UC=BIACIO'135CP&SAW=Fdse&ACCT=51146300 ifi ~ W~9 Request for Taxpayer Glve Form to the Oeparmnanlclgm Trem 6my Identification Number and Certification 'Bg18~~'• °o not Interrul Revexn 9ervce send to the IRS Nana (aa shown on your income tax rotum) Blackline, Inc. ci Bueineas e dhregatded entity name, if d...ww, from above Cho& appropriate box for federal tax classification: ❑ IndiNtluayaoie Proprietor ❑ C Corporation Q S Corporation Exmt~10"s Oars instructional): ❑ Partnership ❑ TrusUesrote Exempt payee code (f my) `o ❑ Umited Ilablllty, ccompany. Enter the tax classification (C--C corporal S=S corporation, P:panneahip)► Exemption from FATCA reporting code Of any) ❑ Cther (see Inebuctions}► Address (n,=. street, and apt. or suite no.) Requeder's name and address (oomsQ 13023 NE HWy 99, Suite #7 PMB 196 City, Hero, and 21P code Vancouver, WA 98686 Uat axoura numha(e) here (optionaq T r Identification Number M!Q Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name' line Sal 1: seamy mmn6er to avoid backup withholding. For individuals, this is your social security number (SSM. Howeverfor e resident alien, sole Proprietor,. or disregarded entity, sea the Pan I instructions on page 3. For ;4l er entities, it Is pap 3. your employer Identification number (EIN), if you do not he" a number, sea How to get a _ m - Nob. If the account is in more than one name, see the chant on page 4 for guidelines on whose Empley^er Identrfkatlort number number to tatter. 911 - 1 3 5 7 5 8 1 CBrthilcaNon Under penalties of perjury, I certify that 1. The number Shown an this form Is my correct taxpayer identification number (or I am Waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding bemuse; (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue n Service ORS) that 1 am subject to backup withholding as a result of a failure to repot all Interest or dividends, or (c) the IRS has notified me that I am longer subject to backup withholding, and 3. I am a U.S. dozen or other U.S. person (defined below), and 4, The FATCA code(s) entered on this form (d arty) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faged to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured cancellation of debt, contdlxitions to an individual retirement arrangement ORA), and gerteraf y, payments other than interest and dividends. you t required to sign the certification, but you must provide your correct TIN. Sea the Instructions on page 3. ~-1 I Sign Here U.a Pers►► per on ona of General Instructions withholding tax on foreign panniers' anima of eflxavey aonnepW income, and Section references ere to the Internal Revenue Code untass anerwise nmed. 4. Certify that FATCA code(s) antered on this form (it arty) Indicating that you are exe Fuaop dwWOpmmh. The IRS has coated a page on IRS.gov for Information ngd from the FATCA reporting, b correct. an, U.S. other about Form W-g. at w JnsgwMYQ. lWo mst1w about my fumxe devaiopnmta W- Noeb-a11 you raquct y Yom T -nMperson and a nqueata gists'e you n forma tor it Is eut s submini Form affecting Form W-9 *on ® legianabon enacted after we release it) will be posted .You mu stusethere quetmrtsn a ally on that papa similar to this Fero W-g. Purpose of Form Definition a a U.S. person. For federal tax purposes, you me considered a U.S. person it you are: A person who 0 required to file an information return with the IRS must obtain your • M Individual who is a U.S. citoen or U.S. resident alien, correct texpayar Identification number MM to report, for example, income paid to • A Partnership corporation, company. Or association created or organized In dm you. payments made to you h settlement of payment card and third party network United States or under the laws of the United Stan, ftwan lone, real same transactions, mortgage interest you paid, acquisition or abandonment of eaorrred Property, cmceIs don of date, or contributions you made • M estate (other than a foreign estate), p to an IRA' s A domestic trust Our defined in Regulations section 301.7701.7). use Farm W-a only a you aro a U.S. person (Including a resident alle n), to Special rubs for pnnarshin. Panneahios that conduct a bade a outman, in provide your coned TIN to the Parson requesting it Ohs requester) and, when the United States are genandly apptitmbfe, to: 1446 on any foreign p en dare flmd fto a e pay ctivel wghhobi connected ten alder section fr lexabla e Y not ixonm lean 1. Cerfify that the TN You are giving is career (w you are wetting for anumber tthhemin~ Furdler, in carbon section i4d %whene wherea Form pm W w-9 Has as not been ner IS a regimearahipeo p andaperthar IS 2. Certify that you pro not subject to hacker S. Person that pay the section pa 1146 46 w witnhhddingtax, x, Thelr bayoumaa backup wififthdidunp, e a or U.S paean that is a partner in the Wo partneconducting a trade or in tine 3. Gait examption al from hadaip tt if you are your U.S all exempt payee. If United States, Provide Form W-a po -9 to the aMo to establish snafu yoew U eronm m applicable, y Partnership You in also fromf that U. a a a U U.Sff .S. person, yo our uposabye of and avoid section 1446 withhdtling on you share of pmtnerah~ lrcoma, ^^Y e. incase from a a U.S. trade or business is not subject to the Cat No. 10231X Forts W-8 (pay. 8-2013) SECTION 8: DRUG AND ALCOHOL-FREE WORKPLACE POLICY Blackline has a responsibility to its employees, clients and community to ensure safe working conditions. Therefore, Blackline believes in a work environment in which its employees are free from the effects of drugs, alcohol, marijuana or other job-impairing substances. Use of these substances, whether on or off the job, can adversely affect an employee's work performance, efficiency, safety, and health, and therefore seriously impair the employee's value to Blackline. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare, and safety of other employees and exposes Blackline to the risks of property loss or damage or injury to other persons. Accordingly, THE FOLLOWING CONDUCT IS PROHIBITED: 1. Reporting for work under the influence of alcohol, drugs, or any other substance that impairs job performance. 2. Using alcohol, drugs, marijuana or any other substance that impairs job performance on Company property and during work time. 3. Selling alcohol or drugs on Company property or during work time. 4. Possessing any alcohol, marijuana, controlled or illegal substance or paraphernalia used to smoke or otherwise ingest drugs, controlled or illegal substances on Company property or during work time. 5. Failing to report the use of medically authorized drugs or failing to provide proper evidence of medical authorization to immediate supervisor/manager, when the medication may create a risk of injury to the employee or other individuals. TESTING PROGRAM The following policy applies to all applicants and employees of Blackline with positions which consist of duties or activities that involve the requirement of a commercial driver's license or perform safety-sensitive functions. Pre-employment Testing: All applicants must undergo drug testing before beginning work or receiving an offer of employment. Refusal to submit to testing will result in disqualification of further employment consideration. Specific information regarding pre-employment drug testing will be provided to all candidates at the time of testing. Testing During Employment: All employees are required to submit to random-drug testing to determine the presence of illegal drugs or alcohol and under the following circumstances: a. When performing safety-sensitive functions, and: (1) Involved in an on-the-job driving accident that results in injury or death, or (2) Involved in an on-the-job driving accident that results in a citation to the employee under state or local law for a moving traffic violation arising from the accident and when BLACK-LINE EMPLOYEE HANDBOOK -19- any vehicle requires towing from the accident scene or any involved person requires treatment away from the accident scene. An employee in such an accident is required to report it as soon as possible to the supervisor.. b. When observed using alcohol, marijuana or drugs while on duty requiring the performance of safety-sensitive functions. c. When a supervisor observes an employee exhibiting physical appearance and behavior of persons under the influence of alcohol, marijuana or drugs just preceding orjust after the period of the work day that the employee is performing in the safety-sensitive function. d. If allowed to return to duty in a safety-sensitive position after a violation of drug or alcohol rules. e. If allowed to return to duty in a safety-sensitive position and has been identified by a substance abuse professional as needing assistance in resolving problems with drug or alcohol abuse. Such employees will be subject to a minimum of six unannounced follow-up drug or alcohol tests over the first 12 months following his or her return to duty. An employee who refuses to consent and submit to a test when requested will be subject to disciplinary action including termination pursuant to the company's discipline and dismissal procedures. Refusal to submit includes failure to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement for breath testing, failure to provide adequate urine for controlled substances testing without a valid medical explanation receiving notice of the requirement for urine testing, engaging in conduct that clearly obstructs the testing process and leaving the scene of an on-the-job accident. Use or possession of controlled substances while holding a position requiring the performance of safety-sensitive functions is prohibited, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle. All information from an applicant's or an employee's drug and alcohol tests will be confidential to the extent required by law. TESTING REQUIREMENTS FOR COMMERCIAL DRIVERS For employees that are required to have a Commercial Drivers License, The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMSCA) has adopted regulations requiring certain commercial motor vehicle operates to be tested for alcohol and drugs in order to reach the goal of an alcohol and drug-free transportation environment. If you are asked to operate a Blackline vehicle that is subject to drug and alcohol testing requirements under the DOT and FMSCA, Blackline will provide you with the specific requirements for such testing procedures. BLACKLINE EMPLOYEE HANDBOOK -20- CITY RECORIDER Page 1 ASHLAND CITY O F DATE PO NUMBER 20 E MAIN ST. 6/6/2014 12283 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 008572 SHIP TO: Ashland Public Works BLACKLINE, INC (541)488-5587 PMB 196 13023 NE HWY 99 STE 7 51 WINBURN WAY VANCOUVER, WA 98686 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special Ins[: Confirming? No Quantity Unit Description - - Unit Price Ext. Price 2014 Slurry Seal Project 2014-08 109,109.00 Public Improvement Contract Beqinninq date: May 22, 2014 Completion date: June 30, 2014 SUBTOTAL 109,109-00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 109,109.00 ASHLAND, OR 97520 Account Number Project Number -Amount Account Number Project Number, 'Amount E 260.08.12.00.70420 E 201408.999 109,109-00 VENDORCOPY Authori signature I FORM #3 J~~~v CITY OF A request for a Purchase Order 6'j4- ASHLAND REQUISITION Date of request: Z212ot4 Required date for delivery: ASAP Vendor Name gt~t g two s^lt Address, City, State, Zip 13o13 NE Hwy *-let r s u1E 4-+ PKM l`t r VlaNCAUUEL r W A Contact Name & Telephone Number " p~~~g v Fax Number` 3~~ z2S -teSo 3(553 - 4uq SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ® Invitation to Bid (Copies on f le) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: S 12o ftvq ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Dale approved by Council: Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposalsAvritten solicitation Dale approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES. Total Cost Zol4 gwar2y metal I Oq m Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST tff Per attached quotelproposal $ Project NumberZb i4 __•09 AccountNumber Account Number2W-Cl3-12_:OD--7047-"0 Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: kfW~ Ql k' F (Equalt eaer than $5,000) Department Manag u ervisor: City Administrator: (Equal to or 7eater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to orgre a than $5,000) ~ate- Comments: Form #3 - Requisifion