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HomeMy WebLinkAbout2015-361 Contract - Minton Construction LLC w C I T Y Of CITY OF ASHLAND -ASHLAND 0 PUBLIC IMPROVEMENT CONTRACT THE. GROVE & PIONEER REMODEL Project No. This Contract is between the CIT~ OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City") andill,d4".., ►VS-+f ACk•... (Hereinafter "Contractor"). The City's Project Manager for this Contract is Bruce Dickens, Parks Superintendent WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "The Grove & Pioneer Remodel" and WHEREAS, Contractor did on the d day of '2015, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on the date at which every party has signed this contract. The work under this contract shall, unless otherwise terminated or extended, be completed on or before 70 calendar days following Contractor's receipt of the Notice to Proceed. 3. Statement of Work The work under this contract is for The Grove & Pioneer Remodel and more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the renovation of The Grove & Pioneer Remodel 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. The Grove & Pioneer Remodel 22 r 4. Consideration a. City agre to Ray Contractor, at the tim and in the manner provided in the Contract Documents, a sum of: t `/b', S rc 3 r for accomplishing the work required by this contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): Contact Name: I V1 Phone: ~0 Fax: Address C'X g'5-44 3 PV-eA tv rJ C.,Z, Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City ofAshland Finance Department. Ashland Business License # 1J~-'t+D 7`"J Construction Contractors Board # 194019-q Citizenship: Nonresident alien Yes No Business Designation (check one): Individual Sole Proprietorship Partnership Corporation Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2008 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that Vmy 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. The Grove & Pioneer Remodel 23 1 ' 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 carry out the labor or services at a location separate from my residence or is in a • specific portion of my residence, set aside as the location of the business. rc~f~ s' (2) Commercial advertising or business cards or a trade association membership are ° purchased for the business. (3) Telephone listing is used for the business separate from the personal residence Jstin (4) Labor or services are performed only pursuant to written contracts. IM (5) Labor or services are performed for two or more different persons within a period of one year. if (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor Date The Grove & Pioneer Remodel 25 l Signed by Contractor: +t Signature/Title ' Date Printed Name: 1P; C-j-.Q ,a: NOTICE TO CONTRACTOR: This contract does not bind the City ofAshland 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 p owed: ~ L Id 31 15 Director of Ashland Pa ks and Recreation, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated, Coding: Reviewed: City Attorney (approved as to legal form) Date ATTACHMENTS: Certificate of Representation Exhibit A, Std. Conditions Exhibit B, Bid Schedule Exhibit C, Insurance requirements VEDAS TO FORM AIry Y Dat The Grove & Pioneer Remodel 24 EXH1131T 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 the Contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. 3. No Third Party Beneficiaries City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. The Grove & Pioneer Remodel 26 4. Successors in Interest The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled "The Grove & Pioneer Remodel", Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLI) if applicable AND any_ other separately bound reference, 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 The Grove & Pioneer Remodel 27 Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond, Payment Bond, and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. A written notice to proceed is expected to be issued no sooner than Thursday, November 05, 2015. 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. The Grove R Pioneer Remodel 28 d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this Contract is terminated under 10(a),(b), or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this Contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. C. If this Contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in Section 12, Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in Section I I (b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this Contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the 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. The Grove R Pioneer Remodel 29 t ' Use of any work product of the Contractor by the City for any purpose other than the use intended by this Contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A- C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.I10 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the Contract. 17. Prevailing Wages/ BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, can be found at the following website: www.oregon.,ov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that The Grove K Pioneer Remodel 30 may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the Contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32, Portland, Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon 432, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the Contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. The Grove R Pioneer Remodel 31 (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the Contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in accordance with the two options below: • The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or} • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations of the United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce 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 The Grove R Pioneer Remodel 32 lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. -The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as 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 The Grove K Pioneer Remodel 33 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: (I) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include Tlie Grove & Pioneer Remodel 34 in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. C. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. h. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and The Grove & Pioneer Remodel 35 requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this Contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] The Grove & Pioneer Remodel 36 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(l)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(l), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement Contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first- tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every day that elapses in excess of the contract time or the final adjusted The Grove R Pioneer Remodel 37 contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire Contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this Contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this Contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration The Grove K Pioneer Remodel 38 dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or inaterial for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the Contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 2790.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. The Grove R Pioneer Remodel 39 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part.(q)• 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Project Managers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration The Grove & Pioneer Remodel 40 Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council State Ag n i s: Administrative Services, Department of Agriculture, Department of Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Project Manager State Land Board (Lands, Division of State) Water Resources Department Local Agencies: CITY of ASHLAND City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource The Grove & Pioneer Remodel 41 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 (c) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34. Waiver The failure of the City to enforce any provision of this Contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this The Grove R Pioneer Remodel 42 Contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personae jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. 39. Business License The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City: City of Ashland, APRC Attn: Bruce Dickens, Parks Superintendent 20 East Main Street Ashland, OR 97520 541-552-2252 dickensb@ashland.or.us and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. The Grove & Pioneer Remodel 43 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. The Grove & Pioneer Remodel 44 This page intentionally left blank The Grove R Pioneer Remodel 45 ATTACHMENTS: EXHIBITS B-J EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS (BID, PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT JINSTRUCTIONS TO BIDDERS The Grove & Pioneer Remodel 46 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 Project Managering Office at 51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors The Grove & Pioneer Remodel 47 Exhibit BY Bid Schedule LL City of Ashland, Oregon PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, ASHLAND PARKS AND RECREATION, 340 SOUTH PIONEER STREET, ASHLAND, OREGON 97520. NAME OF BIDDER + Y\~orr C0v,5`ff-iJ 6 ILI CONTACT e 1.14, ADDRESS 40:2 , Sf~4-irl_ kk, CITYi ' n✓~ STATE zip 1 TELEPHONE NO.-, 13 7~ FAX NO. EMAIL ADDRESS ~1 c J C e i, To the Honorable Mayor and City Council Citv Hall City of Ashland 20 East Main Street Ashland, Oregon 97520 In response to competitive bidding, this PROPOSAL is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction at The Grove & Pioneer Remodel (hereinafter "Project") for the City of Ashland, Oregon, as shown in the contract documents on file at Ashland Parks and Recreation, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned confirms that the individuals or company bidding on the Project have familiarized themselves/itself with the nature and extent of the Contract Documents, project work, site, locality, general nature of work to be performed by City, or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no Eh,, Circe c & Pioiiec - Rcinodd 13 additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: None. 4. The deadline to file a written protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. All of the contract documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contract; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurance; All other bonds, permits, licenses, etc. as required in the contract documents. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Tic (iro c & Piojiecr Rcric c's 14 Owner, the Project Manager, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. 13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis- Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: -httll://www.oreL-on.2ov/BOLI/"D/PWR/--Ilwr book.shtml 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. being- 17. Aeeempanying this Offer is a eet4ified eheek, eashiei4s eheek or- a bid bond, for- the Sum of payable to the Cit~, of Askland, Or-eeon, this 0 under-signed eenditions of t4e adveftiseinneent. If this Offer- is aeeepted by t4e City and the tinder-signed fails to &eeeute a satisfaetoi-f eent+aet and bonds as stated in the A&e4isenient within ten (10) wei4dng day-s fFem t4e date of nefifieiition, then the City may, a its option, detefmine that the abandoned t4e eentFaet afid ther-eidpon this Offer shall be eansider-ed nttll a-ad i-eid, and the bid seewit~aeee at+ying, this Offer- sliall be ferfeited to and beeeme 44e pr-opel4y lac scc t e v 11io,Icc Relll Jl 15 ef the Cit~- of Ashland. if the bid is net aeeepted, the bid see-tir-ity this Offef Shall be r-ettt a to the t der-sit-ae' Bid bond not required. 18. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for public work pursuant to ORS 279C.860. 19. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 20. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within 10 working days after receipt of the written Notice to Proceed. • The work shall be completed in all respects within 70 calendar days from NTP. • The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete. 21. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 22. If the work proposed to be done requires the bidder to be licensed by the State Landscape Contractors Board, the undersigned bidder is so licensed and the license is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0200(1)(a) (K)] Bidder understands that if the work proposed to be done requires a current LCD license, failure to have such a license will result in rejection of this bid. 23. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Non resident bidder by completing the appropriate blank below. • The Bidder is or is not a resident Bidder as defined in ORS 279A.120. 24. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral , r 16 or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms; 25. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud. 26. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)j 27. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 28. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 29. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 30. The bidder understands that the City reserves the right to make changes to the Notice to Contractors / Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on City's website (www.ashland.or.us) at the Public Works page. The addenda may be downloaded or picked up at Ashland Parks and Recreation, 340 South Pioneer Street, Ashland, Oregon. The bidder must check the website and Public Works bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER THROUGH HAVE BEEN REVIEWED 31. The bidder understands that, subject to the provisions in paragraphs 1 through 30 above, the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 32. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: • The subcontractor's name and address; • The subcontractor's Construction Contractor Board registration number, if one is required, and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the form. Failure to submit this form by the disclosure Pl,o 17 deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 33. Bidder Information and Signature Firm Name of Bidder Si ature o Bidder Printed Name of Bidder Official Title State of Indorporation CCB Number Dated this day of r!r c f 20 I~. Name of Bidder <-Vac rk el r- Address ; f Telephone No. IS Cite of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORIkI (As Required by ORS 2790.370 and OAR 137-049-360) THE GROVE & PIONEER RE.NIODEL PROJECT 000065.999 Bid Closin; Date: December 8. 2015 NAME OF CONTRACTOR: NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE 1. 4'j /'C AA, ¢E/ c~.. T-- T =YJ 4 5 k~~_JT~4 ! G-0-(r~ r /JCS 6 7 8 9 10 • List above the Name. Dollar Value and Category of Work of each subcontractor that will be furnishing labor or labor and materials and that is required to be disclosed. the dollar value of the subcontract and the categorv of work that the subcontractor will be performing. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). tildin-s Renox anon of Gro% c BUddin- v-50z) --s -rh v Dollars 1 LS --Fnle- 2I rx~rec~lc ~~r Renovation of Pioneer Building Clever1Th0 r,"45" ~ S (1 5 F~rr~ hu.xIred 4 Dollars 1 LS - 5_fL4zithreedeIfCr-$ Mechanical Enuineerino Desi_n-Build -of-( ro. c Buildim- for Mechanical S Z-er° Dollars 1 LS Desiun-Build of Pioneer Building) for Mcchanical S S Zero h Dollars 1 LS -C7 Plumhin~ Enuineeri;n; Desi(-,n-Build of Gro-c Burldin , , j 19re-41,w-,a!5aA for Plumbing ~L-QU" S 4%(j~r5~ 90 Dollars I LS i r1 is Design-Build of Pionccr Buddin, for Plumbing S-- ~U Dollars 1 LS Electrical En~ineerino Desh-n-Build ofGroxc Buildin« ~iirt?.' ~UUS for Electrical S5 e bG / ti _ 1'i ✓ - , -Yi u ndred 9 Dollars I LS ~ a~} 1 ja+'_s nuCe~17~ Dcswn-Build of Pionecr Buildm - % ~ h~~t5a► for Electrical ti C,;~ $ etlurS~ /~U 11) Dollars - - LS - C'er)ta of For4-y fwc~ BASE BID S rj(n3 jhouSGitd G, ✓e- (TOTAL OF ITEMS I - Im y hur~d~ y *4-vee- - ADD ALTERNATE #1 (FULL HEIGHT VESTIBULE AND DOUBLE DOORS) 0 p~y1fS TOTAL BID C)ii5, d I've BASE BID PI_ I,S .-ADD ALTERNATES) r l,~~dred 5 tt ~K BID i l 1. THE :R NT & PIONEER REMODEL. Project \o. 000065,999 ~!0 DESCRIP 110\ f Cl . t \lT PRICE ANIOUM (FIGURES) 'Mobilization and Permits mobilization I for _ C l 1 Dollars I -S Temporan orh for Dollars i Exhibit Cl Insurance Requirements OA t nj-&A C4ly mc;6;A Client#: 156356 MINTCONS ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Nemmert NAME: -26 Propel Insurance PHONE 501467.2816 aC,-No): 866 57713 Portland Commercial Insurance E-MAIL toylor.nemmert@propelinsurance.com _ 888 SW 5th Avenue, Suite 1170 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# _ Portland, OR 97204 2025 INSURER AFinancial Pacific Insurance Com 31453 INSURED INSURER B : Minton Construction, LLC. INSURER C PO Box 8543 INSURER D : Medford, OR 97501 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. INSSUBR POLICY POLICY LTR YYYI LIMITS R TYPE OF INSURANCE INSR WVD VD ADDL POLICY NUMBER _ MM DD/YEYYY MM/DD/YE LT _ . - A GENERAL LIABILITY 88323230 2/24/2015 02/24/201 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100y000 PREMISES (Ea occurrence) _ CLAIMS-MADE u OCCUR MED EXP (Any one person) s5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PE LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _ jEa accident) _ $ _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A X UMBRELLA LIAB X OCCUR 88323230 12123/2015 02/241201 EACH OCCURRENCE s$2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s$2,000,000 DED RETENTION $ S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N T RY LI ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 340 S Pioneer St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE l7~lA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of l The ACORD name and logo are registered marks of ACORD #S2000828/M2000826 TDN00 AcC7R°~ CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DD/YYYY) 12/23/2015 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 GEICO GEICO NAME One GEICO Boulevard PHONE 1-866-509-8444 FAX Fredericksburg, VA 22412 4" No Ext: A/C No : Email Address: R10OMVBM@(1=-ICO.COM INSURER(S AFFORDING COVERAGE NAIC # INSURERA:GOVERNMENT EMPLOYEES INSURANCE COMPANY 22063 INSURED INSURER B: MINTON CONSTRUCTION LLC 608 W STEWART AVE INSURER C: MEDFORD OR 97501-3760 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD'L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSRD WVD (MM/DD/YY) (MM/DD/YY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTEDe $ PREMISE Ea occur n MED. EXP (Any one person) $ PERSONAL & ADV. INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ~ PROJECT LOG PRODUCTS-COMP/OP AGG. $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Fa accident ANY AUTO x 9100096151 00 10/23/2015 10/23/2016 BODILY INJURY $ 100,000 Per person) ALL OWNED SCHEDULED BODILY INJURY $ 300,000 AUTOS X AUTOS X Per accident HIRED AUTOS NON-OWNED X PROPERTY DAMAGE $ 25,000 AUTOS (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ IXCFSS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS' COMPENSATION AND EMPLOYERS' PER OTH- LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE-EACH EMPLOYEE $ If yes, describe under E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached I more space is required) CITY OF ASHLAND IS NAMED AS ADDITIONAL INSURED. 2002 DODGE 1500 1D7HU18Z32S521291 CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 340 S PIONEER ST WITH THE POLICY PROVISIONS. ASHLAND, OR 97520-2729 AUTHORQED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CG 20 10R 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION the qualifying language above because of Any person or organization to whom or to which payments we make for injury. the named insured is obligated by a virtue of a written contract to provide insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job location must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, partners, successors, contiguous State thereto. parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entities, including but not limited to The type of work performed must be that as agents, volunteers, servants, members and described under classifications in the CGL partnerships are included as additional insureds, Coverage Part Declarations. if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off- PRIMARY CLAUSE: site operations only. If the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies. is afforded by the general liability policy is primary insurance and other insurance shall be WHO IS AN INSURED: (Section II) excess and shall not contribute to the insurance This section is amended to include as an afforded by this endorsement. insured the person or organization within the scope of the qualifying language above, but only EXCLUSION to the extent that the person or organization is This insurance provided to the additional insured held liable for your acts or omissions in the does not apply to "bodily injury", "property course of "your work" for that person or damage" or "personal and advertising injury" organization by or for you. The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or failure to render any policy coverage as respects the additional professional services, including: insured does not apply to any work involving or 1. The preparing, approving, or failing to related to properties intended for residential or prepare or approve, maps, designs, habitational occupancy (other than apartments). shop drawings, opinions, reports, This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to the drawings and specifications; and named insured(s). 2. Supervisory, inspection, architectural or engineering activities. WAIVER OF SUBROGATION: We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have against the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG 2010R 12 11 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission m _ n m0- c D m -zt 3 (7 .,00z. n o ~ Ch c°o Z ZL O CL 0wz =+i CO e N --I n to o c m 7l7 z C p D ~ m z ~ n Rt Q cn s: Z Z D fi~. rrn n m 00 A Z0 09(n0M0zx~ m c~cnrn --S m ,m C7 :U y z DO 1 0 MM (o 0 :z~;a z0 --j nz -u 6 m y Y z 0 -i ~ --q ?O C 0 M ~ W Q 0~ozzD~•m 0z o C ~o p (n 0 O o v Z ~ z N m o X Er N Cl) m v ° ° m Q 0 0 -u 0 Z z 3 C D o ~ C~ m rn :t 27 2015 12: 24PM HP LRSERJET FOX 541-657-1195 page 1 Ann. Susan Dyssegard CITE' OF,ASHLAND TAX REGISTRATION 4RM REVENUE PURPOSES ONLY) BUSINESS LOCATION INFORMATION REGISTRATION NO. STREETADDRESS : 609 W STEWART AVE BL^009079 ;:atmxE: (541) 261-1376 CYMIERJNFORMATION NAME: RICHARD MINTON r ' r _p j ik- Barbara Christensen ; CITY RECORDEWMEASURER 3 J° REGISTRATION EXPIRES JUNE 30. MINTON CONSTRUCTION 1 -LC 6 08 W STEWARTAVE ;W, ` 20.16 MEDFORD, OR D7501 TO BE POSTED IN A CONSPICUOUS PLACE. I ?r1Jwa(1 A~ ~@ CERTIFICATE OF LIABILITY INSURANCE OATE(bShIt7D/YYYY) 10/15/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FERGUSON & ASSOCIATES INS. PHONE FAX AIJ 1762 E MCANDREWS RD STE I E-MA La max! : arc Ne ADDRESS: MEDFORD, OR 975504 INSURER(S) AFFORDING COVERAGE NAILS INSURER A : Contractors Bonding and Insurance Company 37206 INSURED INSURER B LAWRENCE W ANDERSON III INSURER C : 5422 HIGHWAY 238 INSURER D : JACKSONVILLE, OR 97530 111SURER 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 CONDIIHONS OF SOCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL UBR POLICY EFF POLICY EXP INS. LIF2 YND POLICY NUMBER MFAMDIYYYY MM7ODIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY _ EACH OCCURRENCE $ 1,000,000 - SCLAIMSM. DE a OCCUR D11 PE2649 1212012014 12/2012015 PREMISES Ea oo unerce $ 300,000 MEU EXP (An one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE IJMIT AJ'P-LIE~ S PER: GENERAL ACCREGATE $ 2,000,000 PRO- CT ( LJ LOC PRCDUCTS - COMPIOPACG $ 2,000 000 X POLICY ❑ JE OTI IER: $ AUTOMOBILE LIABILITY _ CIIIJBI NED SINGLE LIMIT $ Ea aatlent ANY AUTO BODILYtIJURY(Per pe(sen) $ ALL OWNED KHEED AUTOS AUTOS BODILY PNJURY (Per aa;tirnt) $ HIREDAUTOS NON-O'hN£D PROPERTY OAP.IAGE S AUTOS Per acdden! $ UMBRELLA UAB H OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-f.%DE AGGREGATE Duo ReTENTION$ $ WORKERS COMPENSATION PER OTIi-I"I AND EMPLOYERS' LIABILITY Y f N STATUTE ER ANY PROPFUETORIPARTNERrEXECUIIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICERR.IE)ABER EXCLUDED) (Mandatory In NH) E.L. DISEASE • FA EMPLOYE S If}}vs, describe under DESf:Ri PTION OF OPERATIONS hebw EL DISEASE -POUCYLIA1fr $ DESCRIPTIONOFOPERATlONSILOCATIONSrVEHICLES (ACORO 101. Addillonal Remarks Schedule, maybe attached if more space is requfredJ Products and completed operations coverage is included according to the terms of the policy and subject to applicable policy exclusions. CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 340 S PIONEER ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ~d1a~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD s ' oct.28.2015 08:38 AM PAGE 1/ 7 A CERTIFICATE OF LIABILITY INSURANCE 1012r77201 5 FYI 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 THU POLICIES BELOW. THIS CERTIFICAYE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(las) must he endorsed, If SUBROGATION 19 WAIVED, subject to the terms end conditions of 1he policy, certain pollclee may require on endoreemont. A statement on lhie certificate does not confer rights to the certificate holder In Ileu of such endorsement s , PRODUCER David Martin ONE N L..__.. _ iueLe.~x11; 541-6641400 me n,1541-664-1414 641-664-1414 Martin Insurance Agency Inc I E-MAIL davidwmartin allstatexorn 21 S 7th Street `gyp - Central Point OR 97502 _ t!0VRERA; Allstate INSURED INSURER B 1 Larry Anderson INSURLAC:_-_-__,.-_-. 5422 Hwy 238 INSURER D : _ _ Jacksonville OR 97530 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REV18ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST@D BELO'N HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N9R TYPE OF INSURANCE IAOIN. SURR POLICY NUMBER' MMPOLICYEFF pDmw ImunDmom LIMITS GENERAL LIABILITY EACHOCCURRENCE S OAMAGETORFNTFD COMMERGAL GENERAL UABIUTY PREMISES (Ee.ommence) _S.._ CLntMS.MAut D OCCUR AIEO EXP (Any one person) _ PERSON_ALaAOVINJURY $ GENERAL AGGREGATE $ C3ENLAGGRE13ATELRAITAPPUESPER: PROWCTS•COMNOPAGG S POLICY PRO- LOC S AUTOk10EILEWABILITY 964451606 10H512016 04115/2016 Ea accident X ANY AUTO x x BODILY INJURY (Perpe(eon) $100,000 ALL OYMEO SCHEDULED AUTOS _ AUTOS BODILY INJURY (Par atUdel) S 300,000 A HRrO AUTOS ADWNED F OPERTY DABE 3100,000 E U11-ELLA LIAR _ OCCUR EACH( t0VAA9NCE f EXCEAS LIAO CLAIMS-lIAOE AGGAEGAYE 5 DEB RETENTIONS S - WORKERSCOMPENOATIO,Y AUBTATU- OTH- AND EMPLOYERS' LIABILITY Y / N 10BY-1.UA11U. My PAR PRIQTO ARTN EXCLUDED? MLXG(;U)M ❑ N rA E.L. EACH ACCIDENT 8 - OFFICABER (M-kn;I,gryIn NH) E.L. DISEASE - EA EMPLOYE S pea, 4evibe wdar $CRIPTION OFOPERATIONS MOIN E.L, DISEASE DESCRIPYION OF 0P9AATI0Nr /LOCATIONS 1 VEHICLES (AhKoh ACORD 101, Addition *1 Rana Ala eahcdulc, If mora opoos to rQg4lrod) CERTIFICATE HOLDER CANCELLATION I Ashland Parks and Roo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OF CANCELLED BEFORE 340 S Pioneer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTH IZ REPRES ATTYE Q 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are reglaterad marks of ACORD oct.28.2015 08:38 AM PAGE. 1/ 3 ~.tiR -r~B DATE 2016 fYYYYI CERTIFICATE OF LIABILITY INSURANCE 1fl,zVna,5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH18 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 RE=PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certlfloate holder Is an ADDITIONAL INSURED, the pollcy(les) must be andomed, If SUBROGATION 16 WAIVED, subject to tho terns and conditions of tho policy, cortaln pollaloo may require an endorsement. A etatomant on this certificate does not confer rights to the certificate holder In lieu of such endorsement s PRODUCER R&CONTACT yEL___.. _i7av1d Martin Martin insurance Agency Inca: 541-664-1400 ac n* 1541-664-1414 ___idwmartin0allatate.com dav 21 S 7th Street pf _ . Central Point OR 97502 _INSURER(9)AFFOROIHG COVERAGE,..„_,,, ..MAID/_ _ 1N9URER A I Allstate INSURED INSURER B I Larry Anderson Iysy Ma,,,__-__..-_.____ 5422 Hwy 238 INSURER O: Jacksonville OR 97530 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DODUtdENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO 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, ADDLa11FR POLICY NUMB. ' L'.....- - fNBR TYPEOFINSURANCE R MMODDIYYYY MWI) LIMIYO ILTIR GENERAL LIABILITY EACHOCCURRENCE S DAMAGE.TO'ARNT6D COMMERCIAL GENERAL LIA9I L ITV PREMISES (Ee aoarrente) _ C_MS•MAUI= EJQCCUR A4E0 EXP(Ally ong Verson) ,8, PER90N_ALr<ACV INJURY $ GENERAL AGGREGATE $ CENL AGGREGATE LINUTAPPU_ES PER: PRODUCTS. COMPIOP AGG POLICY PRO- LOC f - JEOT avTOMOBILEUABaITY 064451646 10H512016 0411512016 Eaaccidenl X ANY AUTO x x BODILY INJURY (Per pefam) $100,000 ALLOWRED SCHEDULED BODILY INJURY (Per erdderl) $ 300,000 AUTOS NOWOMED PROPERTY EWMIA E _ E 100,000 A HIRED AUTOS - AUTOS IP-r c _ f U11-ELLA LUIS 000UR EACH QCCURRENCE f . EXCESS LIAa CLAIMS-SHOE AGGAEGAYE A DE. RETENnONS S - WORNEHA CCMPE1J9ATI0U _AC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ~3YIUEIII5 _L& ANY PR0PAIP_TOR1PARTNP.RILXECU71Vt❑ MIA E.L. EACH ACCIOENT f OFFICE"EMBER EXCLUDED (MAndatoryIrk NH) E.L. DISEASE - EA EMPLOYE $ pea, de eclbe under SCRIPTIONOFOPERAT1ON5Wow El, DISEASE-P4LICYLI MIT 9 oaSChIPYION OP OPEAAY(ONB /LOCATIONS J VEHICLES (AR,ah ACORD 161, Addlllon el Rom6l146 95hodulo, Hn,ON APeee to rogUl7ad) CERTIFICATE HOLDER CANCELLATION Ashland Parks and RGO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 340 S Pioneer THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN Ashland OR 87520 ACCORDANCE NTH THE POLICY PROVISIONS. AUTH fZ REPRe, AT/NE @ 1988.2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD C C_ ROGUE10 OP ID: DS 2016Y) CERTIFICATE OF LIABILITY INSURANCE 01 / DATE (MM/ 04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 541-779-0177 NOMEACT Insurance Marketplace, Inc. Fax: FAX 772 8235 AHONN Ems- 1,(A/C, No): kypark Dr Suite 100 - - 1998, Medford, OR 97504 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE- INSURERA Allied Insurance Group 26093 INSURED Rogue Valley Electric, LLC INSURER B PO Box 475 INSURER C Phoenix, OR 97535 - - INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - IN - SUBR - - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ADDL POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ACP7515924866 02/10/2015 02/1012016 DAMAGE TO RENTED PREMISES (Ea occurrence)-- _ S _ _ 100,000 _ CLAIMS-MADE L I OCCUR MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ _ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 F-1 -1 JECT POLICY PRO LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident _ $ _ ANY AUTO BODILY INJURY (Per person) } S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS 111 - - NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE S - EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ - DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN NIA TORY LIMITS FIR ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT $ _ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is additional insured if required by written contract CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland its Officers ACCORDANCE WITH THE POLICY PROVISIONS. and Employees 20 E Main Ave AUTHORIZED REPRESENTATIVE Ashland, OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ® DATE (MMIDD/YYYY) AC" M30 CERTIFICATE OF LIABILITY INSURANCE 01/04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandy SChorovsk y NAME: Brian L Conrad AICNo_Ext):541-482-8470 A/C No).541-482-6956 StateFarm 1806 Ashland Street E-MAIL ADDRESS: SBS@Clear/yConrad.corn Ashland, Oregon 97520-2331 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A :State Farm Mutual Automobile Insurance Company 2517$ INSURED Rogue Valley Electric LLC INSURER B: PO Box 475 INSURER C : Phoenix, Oregon 97535-0475 INSURER D.' INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL SUBR - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED-- - CLAIMS-MADE n OCCUR PREMISES(Eaoccurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE _ $ r ] PRO- JECT CJ LOC PRODUCTS - COMP/OPAGG $ POLICY L_ OTHER: - $ AUTOMOBILE LIABILITY 092 5706-E02-37E 11/02/2015 05/02/2016 COMBINED SINGLE LIMIT $ Ea accident J ANY AUTO 077 9967-D01-37F 10/01/2015 04/01/2016 BODILY INJURY (Per person) $ 250,000 X ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ 500,000 AUTOS AUTOS 145 5738-A14-37B 01/1412016 07/14/2016 - - NON-OWNED PROP IRfY DAMAGE $ 100,000 HIRED AUTOS AUTOS - - i 1371120-F30-37A 1213012015 06130/2016 $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y STATUTE____ ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? - (Mandatory in NH) E.L. DISEASE _EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional vehicle policy: 008 4539-A19-37G, Eff: 01/19/2016, Exp: 07/19/2016 CERTIFICATE HOLDER CANCELLATION Ashland Parks and Recreation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c/o Susan Dyssegard THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 340 S. Pioneer Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 www.saif.com Oregon Workers' Compensation -4. PPoop lf Certificate of Insurance sa corporation Certificate holder: CITY OF ASHLAND 341 S. PIONEER ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Rogue Valley Electric LLC SAIF Corporation PO Box 475 Rachel J Graham Phoenix, OR 97535-0475 503.373.8211 racgra@saif.com Issued 01/11/2016 Limits of liability Policy 781541 Bodily Injury by Accident $500,000 each accident Period 11/25/2015 to 06/01/2016 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Electrical wiring of cubicles in the Grove building Important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. Authorized representative / P~ r Kerry Barnett President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Policy_OLCA_CertificateOflnsu rance CITY OF ASHLAND TAX REGISTRATION (FOR REVENUE PURPOSES ONLY) BUSINESS LOCATION INFORMATION REGISTRATION NO. STREETADDRESS: 1007 S PACIFIC HWY BL-002990 PHONE: (541) 512-0530 OWNER INFORMATION NAME : JONATHAN ROBERTSON Barbara Christensen CITY RECORDERITREASURER REGISTRATION EXPIRES JUNE 30. ROGUE VALLEY ELECTRIC LLC PO BOX 475 PHOENIX, OR 97535 2016 TO BE POSTED IN A CONSPICUOUS PLACE. PlH►nbrns .A6bMbr ' 12;29 2015 CERTIFICATE OF LIABILITY INSURANCE THIS CER*nFiCATE IS ISSUED AS A !NATTER OF MFORMATION ONLY AND CONFERS 40 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 ISSUl[NG INSURER(S), AUTHOWZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME. PHONE h11dlael Rus#i{7301315) FXV 541-245-628.3 u4 u,r 541-245-6535 1361 Center Dr Ste 100 nnoR> ss: r- sh@famagrsa~r~i.mm_ . i- d # _ H Si AFFORDING. COVERAGE !-4edfnrd OR 97501-7902 vtsuREp A Truk insuranceExchancie ! 21709 SISURERB: Farrliers tnsurarlce Excharoqe _ - _ 04SURED 216137 (PIPE PLUMBING LLC C : Alsd CFx#Iry insLrar)ceCo)n ly_, ~ 747 SPRING VALLEY DR > Le_ - _ E : MEDFORD OR 97501 24SU ER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO'vE FOR THE POI-ICY PFf3uDO INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIIION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO v' M"I IkIS CERTIFICATE L&AY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CESCPSED HEREIN IS SG'6.:ECT TO ALL TPE TERMS, EYCLUSIONS AI,,'D CONDITIONS OF SUCH POLICIES. LIMITS SHO,Y14 MAY RAVE BEEN REDUCED BY PaVD CLAIMS. 14SR ; TYPE Or- IN5t}RANCE PC^uCY NV#~...ER F~-P JCY EFT POLICY EXP it#ii7S _ LTR OCCtsRft`L.RvE 5 =1-'~.-" Gi3tEi?Ai. L1i482117•Y FA.011 0444f 64-e-N-1EC) X G ^,m~EPC. GEnE. 'AarL ^Y ^4 %LSES4Ea.uzrF,-ce' s Ieel, T+~ v': :.t~..r° "L'a-?=,i ^.x.w.^•~ . Tr£D EXP'a3 r 'i 3 g Y N fit 58162 Ct;01lZfl15 014:01,'2016: FER &A9-i;~JI; 0 1.L$14.3{'l.7 2,GW,000 j : Gt1iEJi;i t~T9t{t?N f C S G&iLiaGGREEGAT.- ^ix.~TPR0Ck';Ta-"i.CAJPCP;,GG S X -.C"cy MO Lint; 5 ALiFNtcza-- LiAE2tTY t (Ea a[ndet45_ AM AUTO { Lt hR,-ZYtFiYTsai} S y" SCttEDf" &f}5350162 04 0172015 ; 0401121)16 t trsaz s 3 B AUTOS AU TOS ?f?~&grY~t~A'~w~. 5 N-N _ t?er arr+t tfEff£7 ALtTGS ALfTCt7 ! - S 5 i U11BREL A LU9 EA i OCGLRF?P'~C.. OCCIJR EXCESS LIAR C: d+!Lic--4s.AE 7, : RF~.Eu° oc-n YrC CTATII _cat wOR~s CoNwENSATION ~K A M E1fPL0'-! LtASIM Y t M ',4NR' is-FiCcFthEtacR EJCt;Ls.n.c~ % I S . !i t A : s desad~e uzfeT i In n+- OF 1"iv.T,Cs`;S c ar EL. u~s£' c t L""...s a DESCR7no" of OVEIZATONS I L0CAR.744S i -a*CLES V--.wh ACORD 151. Arddbw-d Ramads sctx . J =M space ts reg4V7 xd) -C.-y of tzhiasid is added as an addib nal InSL; Ld CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A DESCRIBED POLICIES BE CANCELLED BEFORE CfTY OF ASHLAND THE EXPtRATION DATE THEREOF, NOTICE 'WILL BE 00-1YEf ED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2+3 E IaLAI?J 8T ASHLAND OR 97520' - 7A11VE f v, ACORD 25 (2010105) ©1988-2010, CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD z (1) D ~ m m m m D o Cl) C) O v C-) N) (n m 1~ zi Cl) m c D Dr O D z zz - m -1 Cl) G) O D cn O r- z M r C, m i~ O coo ;u D Z > D N -n Cl) O O --q z -n a -n oD q O ~Cl) o ;a z D m r- m O zZ = z c o m0 z m A D ~p X O 00 m cn m O z . O °i to co ~ m O - m G) O o v~ Z INI) rn Z < m 0 m ~ ~r ~ O Z O o Z C cn m m r C: z 0 0) z O o N c L m c .9 CrY 0 Pi c 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 }Mt" than r$~ 999 999^or A $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. ■ Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than ■ $1,000,000 or ❑ $3,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. ■ Required by City ❑ Not required by City ■ Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall 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 insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. The Grove & Pioneer Remodel 48 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and certify under penalty of perjury that it is a corporation. Entity Signature Date B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) 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. 'M B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. J21h 9 E. Labor or services are performed for two or more different persons within a period of one year. 1'l\ 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. The Grove & Pioneer Remodel 49 If any action is taken by a person or enforcement agency relating to Contractors independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor ignature Date Proje Manager Signature Date The Grove & Pioneer Remodel 50 EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, A5411411(. ~ ks d` fl ;4A 444 z•~; a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, a corporation or partnership duly organized under the laws of the State of 6 C?qc n , and authorized to transact business in the State of Oregon, as "SURETY," I hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these p esents to p to the City of Ashland, Oregon, (OBLIGEE) the sum of Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the The Grove & Pioneer Remodel, which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of 120--. Surety Principal Address Address By: By: Attorney -in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon The Grove & Pioneer Remodel 51 t l I 13C~ND 7 ir_ undcrsn-,v A Minton Construction LLC nrincioat forth" r icfer d tr it this K)nd as (ontraclor and Contractors Bonding and Insurance Company aS ciirct-, turthcr retcr!_j to to the- tend as Surct%. arc joint1, 2:1d crali% hound unto Cit% cif Ashland. as obiwee_ further rc:crred to in th:s hand as Cit%. iii the cum. c-, ____FnttyJwo..Ihqusand Two Hundred Thirty-Nine Dollars and 001100 [)olia stS 42239.00 C`o..lracior and Cil% ha%c cntcrcc ntc~ : <ritlcn conlraCt d:tt 'c December 8 2015 for th, f illownlz proico, 'The Grote & Pioneer Remodel. This contra s is further referred to in this bond as the Contract and is inco,7r)orated inic th!< hond b~ this ro rence. The condiuom, of this bond arc If Contractor fat'hfull% pcrforms the Contract ire nccordancc with the plans. spccihCauons and conditions of the contract -within the tine mscribed b,. the Contract. as required bN ( )RS " ok ;I,ti throuch 7kk IN` then this yh[ir iii .s null and void: othcr i c !t sh,111 remain ir'. full fO-ze and effect If Contractor is declared b,. OiN, to tic In dcEaultulydcr tltc Contract. 111L Suref~ shag pronihtls rcmcdN 'hc default perform all cif Contractor's obligations under tlic conti:ict in accordance wit i its tennis and conditions and ,a% w Cm all dania L s that are due under the C OTIiraci This bond is subi-::ct ic, lainns under ORf -"9(- '-',0 thrt)uLYh ~`«C yti 'This oblivation winik and sc%crafly bi(id~, Contractor and Surc,, and their rc-specn%c lizir , executors. adnimistrat07 . S[iCCCS4-OT`t. Suretv I] ~ C.~ it~~ticc of t lodifaCatiorl of the l ontrac; or :vtc•nswn of the Contract tonic t~. Aonpavntew ofth%: hand orCnlium shall nit inNahdatc th:c bond `I h'I- bond nurnhcr and th~: nam, address and tclcPhonc numhcr of` the ter cnt author-izcd -Lo recci%c nonce;, concei:nmv this bond are as follo\xs. Bond \umhcr- CSB0000980 He"I'd , Cacnt Insurance Marketplace Addre s 1998 Skypark Dr _ _Medfor_d,_QR_97504. _ Icichh~tse _(541_)_779-0177 IC,--ED December -ti_15_. 111-Rf (W\11 M I E3O\I) 1'011.- I t ^`I Minton Construction LLC r , ti : at '-Ca .42 i)Soi czar, n ei i { \ E"'. I 1 C actors Bondin and Insurance Comp 9 _ - B% rccc ( cbr~ ratai I _ - _ Debbie Reed lilc Attorney In Fact - ddre~k 9025 N_Lindberah Dr ~QyO . • ' ' ' ' • . /tis Peoria, IL 61615 9 GpRPp fi m _ • i~ 11", z P v,l \1f VI IRi 'til) a t onva t +t oidContractors Bond'na and Insurance QQmpany 1 t}slr th l tfc't t to _ ;1s si1~c't e, fut~tllir_l: lt._~rti c~ Ic~_]n :l?l,_ +,.,nLi ~ur~iv~;it ~~~Ylltt'~ 1~ u bouil'l umik' CIt\ of Al, land i1bhy.'C. fuzth l tcl TI':d :h! titnJ '.-(-m% In ti'L Forty Two Thousand.Two_Hundred Thirty Nine Dollars and 00/100 _ L)nEar4 , a~,xin nn CO* back) C]tv 1-13v_c c n: r~ Innis u ~v"r;:teli :wil: 1 t December & X015 tier the t ~llnaui nrowct The Girme & PioneerRtmocdel 'Till., ccmuac 1ti 71r! ":t''IlCd ti° itl Jill, bolls.. `'S .l"` ( on'r ct and is in,:orrxira? J init. Oiim- i'~z?nd b this I n :onri-ion, o tills hood x, lI (OnIracto-, InIIht'iI:;-, 1 1rI11.~ ll)C' ( {)T1tIilL! %%IIIIIll `h%% I i I I I i"CLLi]i1Ci~ Ill to (onI-a Lrorn,.it1% mal cz Ilmyim7m I<, all clailnsnt" aw cicfinct-I In OR~' -g( {,L]() throua:h 2"1417 f.;'{i = . t,ll4 {Stli I1311 ti'l' + ].t11 i.lt 01J oilll`r1\ i.,t_its 1i11f rCtl"2:+I t'_r't 1(iltt w1nCi Cltl',ti l~ onti 1Ctoi ti"Gaol ^i { w. to be 1'" dcrault w t r ttl' 1 ontrlct the Surct", shah t)rt m;,-€y (t}tltiili ICr~ nt + i :Ctliti untl:I the a~ntt'1:I .P :SLCC~It}:IlI:C atilt rltC tjCt:IUIt [l' ~ ~IQ of v=.lth 1:: fern coo iti?_ anda%_.It>_C m nil u.~ lr t!, a! ors.' tits; t kilt r tll; C ern ra+:t 111 ',?+sntl _~ttt~ 4'i •i7 1111., llllill t)}? 1 (.__{ti1 i(! Tivs obi)( yiOll~ IT111% "nC, * 3il\ bintk C C~Iltl Its' 2I1~2 117::* :11ij Ilw;i _'SCC ti, fttillalilS++rf`IiL}r» ~l1 '4.~_?F_. ` ~IIrC:`. Al a3",z:~ lltli[:~ ti ` S'i~+u:t.t«i€s~li }i lliC t hilt] 1~I rb. L' 1':n } tirl ttii C+'lilr:l~] I,Ii: N >fi:5a1\ mcn t thl I : IilStil still! not 1Il'. Illtf •`lli 1d numbs ,-r aii4 :n wini,' add,, c,s and ICiCT)llit. 'UII'1' l5t Its C' :IL,:alt :i 1:h0!-lZA:C---_ r_(:Cv tc noticc5 colt imilt, tills bond on. Is 1tF~~t+1A . is«]I i \ 11111ht r -C1SB000Q9&G-- B"Il i \2CII' Insurance..Marlsetplace t s, 1998 Sk ark Dr Medford, OR 97504 i .Icr~il~~nc (541) 779-01 77 1 22nd_ _ December t15 Minton Construction LLC Tttl,jc~,w~` y1, ~,c~1 t a~ ~J cs-y~; ~7 J C) 1 Ilk 7 J T °~z 1 s: i:: r f attc:11; Debbie Reed 1 11I~ Attorney In Fact `~~~,,,uuu,,,,•~r4~ 9025 N Lindbergh Dr O1NGAND%, Peoria, IL 61615 '0 pFkp0 ••G9 C+ ` q . C s1lr~i = ~ Z ~ m AL •~D 1 Contractors Bonding and Insurance Company POWER OF ATTORNEY crab~~ P.O. Box 3967 Peoria IL 61612-3967 .n RUCOmW~Y Phone: (309)692-1000 Fax: (309)683-1610 Contractors Bonding and Insurance Company Bond No. CSB0000980 Know All Men by These Presents: That the Contractors Bonding and Insurance Company a corporation organized and existing under the laws of the State of Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Debbie Reed in the City of Medford , State of Oregon , 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 and 00/100 Dollars ( $10,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: Minton Construction LLC Obligee: City_of Ashland _ Bond Amount: _$__42,239.00 The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company 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 Company 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 Company. The corporate seal is not necessary for the validity of any bonds, policies, other obligations of the corporation. The signature of an y such officer an the undertakings, sal may be Powers of printed by Attorney or facsimile." - - corporate seal IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of December 2015 ATTEST: `OOaONNGAND~*SG"' Contractors Bonding and Insurance Company ;Qy: a PON4'.v 0- C, P TF ?m • n SEAL aa_ fV.i Cherie L. Montgomery ssistant Secretary Barton W. Davis Vice President 14. N OIS nunnn""`` On this 22nd day of December 2015 before me, a Notary Public, personally appeared Barton W. Davis and Cherie L. Montgomery who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" / E T.a. JACQUELINE M. BOCKLER JaC ellne M. BOCK Y Notary Public COMMISSION EXPIRES 01114118 A0006104 SUBS BID Contractors Bonding and Insurance Company POWER OF ATTORNEY crabP.O. Box 3967 Peoria IF 61612-3967 e lCo.w.r Phone: (309)692-1000 Fax: (309)683-1610 Contractors Bonding and Insurance Company Bond No. CSB0000980 Know All Men by These Presents: That the Contractors Bonding and Insurance Company a corporation organized and existing under the laws of the State of Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Debbie Reed in the City of Medford , State of Oregon , 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 and 00/100 Dollars ( $10,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: Minton Construction LLC Obligee: City of Ashland Bond Amount: --$--239&00 The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company and now in force to-wit: F - "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, 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 Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of December 2015 ,,aQIp1G AND INS ATTEST: G p, Contractors Bonding and Insurance Company .x''00 ' • 99 = may: • 4pPP O R4 r~•. ,y~'~ SEAL Cherie L. Montgomery ssistant Secretary Barton W. Davis Vice President ILLINOIS n n u n.o' On this 22nd day of December 2015 before me, a Notary Public, personally appeared Barton W. Davis and Cherie L. Montgomery who being by me duly sworn. acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" r / NOTARV z'/~.~ auauc JACQUELINE M. BOCKLER Jac Cline M. Bock r Notary Public ai oor COMMISSION EXPIRES 01/14/18 A0006104 BID_2 cbic Contractors Bonding and Insurance Company RIDER P.O. Box 3967 Peoria IL 61612-3967 Aa~,~mo„, Phone: (309)692-1000 Fax: (309)683-1610 TO BE ATTACHED TO AND FORM PART OF BOND/POLICY NO. CSB0000980 It is hereby mutually agreed and understood by the Principal, Minton Construction LLC and Contractors Bonding and Insurance Company that the Bond Amount (Identify item(s) to be changed) on this bond/policy has/have been changed to the following: $48,563 Nothing contained herein shall vary, alter, waive or extend any of the terms, limits, or conditions of the bond/policy, except as set forth above. This Rider becomes effective on January 5. 2016 at twelve and one minute o'clock a.m., Standard Time. Signed this 5th day of January 2016 GANO,Ns~ co ~O O•GPpPOggr~.9 U , _ C• SEAL a, Contractors Bonding and Insurance Company ~o is uN o~5 By f " Karen Alger i Attorney in Fact Page 1 of 1 M0053014 chic Mff Contractors Bonding and Insurance Company POWER OF ATTORNEY P.O. Box 3967 Peoria IL 61612-3967 an RV Company Phone: (309)692-1000 Fax: (309)683-161 Contractors Bonding and Insurance Company Bond No. CSB0000980 Know All Men by These Presents: That the Contractors Bonding _and Insurance Company a corporation organized and existing under the laws of the State of Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Karen Alger in the City of Portland , State of Oregon 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 and 00/100 Dollars ( $10.000.000.00 ) for any single obligation, and specifically for the following described bond. Principal: Minton Construction LLC Obligee: City of Ashland Type Bond: The Grove & -Pioneer Remodel Bond Amount: $ 42,239.00 Effective Date: January 5. 2016 The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Comlany 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 Company 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 Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 5th day of January 2016 ATTEST: ;OO~o.NGAND,4SG9l ' Contractors Bonding and Insurance Company aju-L 41,911 thd S7 :s SEAL W i Cherie L. Montgomery istant Secretary <i NOS F= ` Barton W. Davis Vice President On this 5th day of January , 2016 before me, a Notary Public, personally appeared Barton W. Davis and Cherie L. Montgomery , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. - m_ aTrsrn~~. "OFFICIAL SEAL" O- /~OTAHV ri/l.,i au~uc JACQUELINE M. BocKLER 1 srQrC OF Ja ueline M. Boller Notary Publlc « COMMISSION EXPIRES 01/14/18 A0088613 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Project No. Project No. _ N/A Proj ect: CONTRACTOR jLt f,k- 4~-ki n -6r1 Contract t', ire AgL,ui c c ~c Contract For Date 1 j n' f Z~l This Certificate of Substantial Completion applies to: 0 All Work under the Contract Documents, or ❑ To the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: The Grove & Pioneer Remodel 56 EXHIBIT G CERTIFICATE OF COMPLIANCE CIP Number: Contractor: I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the above work, and that: 1. If required by law, not less than the prevailing rates of wages have been paid to laborers, workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or others (ORS 279C.530) have been paid. 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: Title: 'lie Grove R Pioneer Remodel 58 EXHIBIT H CONTRACTOR'S RELEASE OF LIEN AND CLAIMS [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: City of Ashland 20 East Main Street Ashland, Oregon 97520 FROM: PROJECT: In connection with our request for final payment for the above project, 1, hereby state that: all subcontractors and suppliers on this project have been paid in full, all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid, and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. Furthermore, I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor or materials furnished under the contract for the above project. SWORN STATEMENT I hereby certify, under penalty of perjury and false swearing, that the foregoing statements are true and correct. Dated this day of 20_. Contractor: By: Title: STATE OF OREGON ) ss. County of ) On this day of 20 before me personally appeared whom I know personally whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness to be the signer of the above document, and he/she acknowledged that he/she executed the same under oath/affirmation. Notary Public for Oregon The Grove & Pioneer Remodel 59 EXHIBIT I CERTIFICATE OF FINAL COMPLETION Project Number: Proj ect: Contractor: Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications. Contractor Title Date The City has determined the project is 100% complete in compliance with all contract documents. Inspector Supervisor Date Project Manager Date CITY of ASHLAND Title Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. The Grove R Pioneer Remodel 60 EXHIBIT J xxxx9c icxxx*xx9cxxicx kxx INSTRUCTIONS TO BIDDERS xxxxxxxxXxxxxxxxxx~x 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. 2. EEOAFFIRMATIVEACTION 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)]. 1. 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. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. K. Certification: Non-discrimination (in proposal) L. Certification: No Conflict of Interest (in proposal) The Grove R Pioneer Remodel 61 M. Certification: Not ineligible for Public Works Contracts [OAR 137-049- 0230] (in proposal) N. Project Schedule, as outlined on Page 12. b. The City will mail addenda and will publish notice of any addenda on City's website at: www.ashland.or.us The addenda may be downloaded or picked up at the Ashland Parks and Recreation Office located at 340 South Pioneer Street, Ashland Oregon, 97520. Check the website frequently until closing. Addenda to the Contract Documents shall be mailed to potential Bidders that have obtained a copy of the Contract Documents. 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 ore,gon 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 materials 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 137-049-02901 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 The Grove & Pioneer Remodel 62 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 BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. 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 BOLI; 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 PREQ UA L IFICA TION OF BIDDERS If a pre-bid conference is scheduled, notice will be provided in accordance with OAR 137-049- 0200(1)(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(1)(a)(C).].[ORS 279C.365(I)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified 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 The Grove R Pioneer Remodel 63 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: Address: Bruce Dickens Parks Superintendent City of Ashland Ashland Parks and Recreation 340 South Pioneer Street 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 Interchange 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. The Grove & Pioneer Remodel 64 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 Ashland Parks and Recreation 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, harked 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. 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 least 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. Bidders shall make written inquiry to the Project Manager no later than 4:00 PM on Thursday October 22, 2015. The final addendum (if required) will be issued on Monday, October 26, 2015. 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 AND SITE OF WORK DATA A. Prior to submitting a bid, it is the responsibility of each Bidder to: 1. 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 The Grove & Pioneer Remodel 65 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. Not used. 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. 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 LAWS AND 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 The Grove R Pioneer Remodel 66 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." I1. 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. 12. 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 in judgment. 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 The Grove R Pioneer Remodel 67 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. (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(l)(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 The Grove & Pioneer Remodel 68 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 FACILITIESA T 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. The Grove R Pioneer Remodel 69 EXHIBIT K Contractor's Compliance with Tax Laws. 1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. 2. Any violation of subsection 1 of this section shall constitute a material breach of this Contract. Further, any violation of Contractor's warranty that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle City of Ashland to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to: a. Termination of this Contract, in whole or in part; b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State's setoff right, without penalty; and c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. City of Ashland shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement contractor. These remedies are cumulative to the extent the remedies are not inconsistent, and City of Ashland may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. Attachment A CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OF NON-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. DISCRIMINATIONBECAU.SE 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 BECA USE 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 The Grove & Pioneer Remodel 70 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: 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. DISCRIMINATION BECAUSE OF AGE 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. The Grove & Pioneer Remodel 71 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 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: " (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 (prop-ram 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. The Grove R Pioneer Remodel 72 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 STATEAGENCIES 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. 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 the (name of a ency)_. 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." The Grove & Pioneer Remodel 73 f CITY OF ASHLAND Ashland Parks and Recreation SPECIAL PROVISIONS The Plans, which are applicable to the Work to be performed under the Contract, bear title and date as follows: Project: The Grove & Pioneer Remodel Type of Work: Renovation Project Location 1: 1175 East Main Street, Ashland, Oregon 97520 Project Location 2: 340 S Pioneer St, Ashland, Oregon 97520 Date: August 25, 2015 Requests for clarifications specified above should go to: Contractual Questions to: Bruce Dickens, Parks Superintendent City of Ashland Ashland Parks and Recreation 340 South Pioneer Street Ashland, OR 97250 (541) 488-5340 bruce.dickens@ash]and.or.us Technical Questions to: Dave Stevens 2950 E. Barnett Road Medford, OR 97504 Phone (541)-779-5237x13 dstevens@orwarch.com There will be a non-mandatory pre-bid conference to be held at Project Location 2 (Pioneer) at 9:00 AM on Thursday October 15, 2015. At the conclusion of the conference, the conference shall relocated to Project Location 1 and continue until conclusion. All bidders are encouraged to attend this meeting. Utility Information: There may be some 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. t iky omnanv Phone Number • City of Ashland Water Department (Steve Walker) (541) 552-2326 • City of Ashland Wastewater Department (Dave Gies) (541) 552-2335 • City of Ashland Electric Department (Dave Tygerson) (541) 552-2387 • Ashland Fiber Network (Mike Ainsworth) (541) 552-2316 • Avista Utilities (Dave McFadden) (541) 858-4740 x6740 • Charter Communications (Brad Dill) (541) 282-8672 • CenturyLink Communications (Jim Martin) (541) 776-8268 The Grove & Pioneer Remodel 75 The Grove & Pioneer Remodel 74 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). Protection and Maintenance of Work During ConstructionThe 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. Prior to the start of construction, the condition of the existing site and adjacent improvements will be documented by the Project Manager. Any damage to the adjacent improvements by the Contractor shall be repaired by the Contractor. There will be no separate or added payment for this work. Responsibility for Materials and WorkmanshipNeither 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 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. 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. The Grove R Pioneer Remodel 76 VA .D . . PRINCIPLES l . Protection of the Biosphere. 6. Safe Products and Service. We will minimize and strive to eliminate We will provide services that minimize adverse the release of any pollutant that may cause environmental impacts and that are safe for consumers. environmental damage to air, water or earth We will inform consumers of the environmental impacts of or its inhabitants. We will safeguard our service. habitats in creeks, ponds, wetlands, natural areas and will minimize contributing to 7. Damage Compensation. global warming, depletion of the ozone We will take responsibility for any harm we cause to the layer, acid rain or smog. environment by making every effort to fully restore the environment and to compensate those persons who are 2. Sustainable Use of Natural Resources. adversely affected. We will make sustainable use of renewable natural resources, such as water, soils and 8. Disclosure. forests. We will conserve nonrenewable We will disclose to our employees and to the public natural resources through efficient use and incidents relating to our operations that cause careful planning., We will protect wildlife environmental harm or pose health or safety hazards. We habitat, open spaces and wilderness, while will disclose potential environmental, health or safety preserving biodiversity. hazards posed by our operations, and we will not take any action against employees who report any condition that 3. Reduction of Disposal of Waste. creates a danger to the environment or poses health and We will minimize the creation of waste, and safety hazards. wherever possible, recycle materials. We will dispose of all wastes through safe and 9. Environmental Directors and Managers. responsible methods. At least one member of management will be a person qualified to represent environmental interests and will 4. Wise Use of Energy. commit management resources to implement these We will make every effort to use Principles. environmentally safe and sustainable energy sources to meet our needs. We will invest 10. Annual Assessment. in and promote energy efficiency and We will conduct and make public an annual self-evaluation conservation in our operations and that of of our progress in implementing these Principles and in our citizens. complying with all applicable laws and regulations. 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. 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. Above are the Valdez Principles. The Grove $ Pioneer Remodel 77 Contractor Furnished Warranties 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 Responsibility for Materials and Workmanship of these provisions. Project Work Schedules The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Owner's Project Manager. 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 Project Manager 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. At a minimum, the Contractor shall prepare a bar chart that: • Shows at least three weeks of activity including the week the bar chart is issued. • Uses a largest time scale unit of one Calendar Day. Smaller time scale units may be used if needed. • Is appropriate to the activities. • Identifies each Calendar Day by month and day. Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar chart. 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 each week to review the supplemental "look ahead" Project Work schedule. If the Project Manager 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 Project Manager 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.. The Grove & Pioneer Remodel 78 The Grove & Pioneer Remodel 79 Page 1 / 1 a ® ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 1/13/2016 00527 (541) 488-5300 VENDOR: 004711 SHIP TO: MINTON CONSTRUCTION LLC 608 W STEWART AVENUE MEDFORD, OR 97501 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Michael Black Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER Renovate The Grove, 1195 E. Main Street 35,000.00 Project #000065.120 Renovate Parks Office, 340 S. Pioneer 13,563.00 Project #000056.120 I SUBTOTAL 48 563.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 48,563.00 Account Number Project Number Amount Account ;Dumber Project Number Amount E 411.12.00.00.70410 E 000065.120 35 000.00 E 411.12.00.00.70410 E 000056.120 13 563.00 Authori d Signature VENDOR COPY FORM #3 CITY OF -AS H LAN D - REQUISITION Date of request: 1/11/16 Required date for delivery: 1115116 Vendor Name Minton Construction LLC Attn: Richard Minton Address, City, State, Zip 608 Stewart Avenue, Medford, OR 97501 Contact Name & Telephone Number Fax Number Tel: 541/261-1376 rm28640(a)gmail com SOURCING METHOD ❑ Exemptfrom Competitive Bidding [ ❑ Reason for exemption: ® Invitation to Bid (Copies on file) [ ❑ AMC 2.50 Date approved by Council: n/a [ g - ❑ Written quote or proposal attached ❑ Small Procurement C' R Less than $5,000 ❑ Request for Proposal (Copies on file) [f ❑ Direct Award Date approved by Council:: ❑ Verbal/Written quote(s) or proposal(s) [ Intermediate Procurement ❑ Sole Source [ i GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) $5,000 to $100,000 ❑ Written quote or proposal attached ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K PERSONAL SERVICES In ❑ Special Procurement ~ $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Form #4, Personal Services $5K to $75K Valid unDate Description of SERMICES Total Cost Renovate The Grove, 1195 E. Main Street, and Parks office, 340 S. Pioneer, per guidelines outlined in the project bid package. $ 48,563.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost _ ff r A 4 ` , TOTAL COST ® Per attached quote/proposal $ 48,563.00 Project Number _ 000065 - _120_ Account Number _ 411 -12 - 00 - 00 - 704100 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. r Employee: p=` Department Head: (Equal to or-greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES y NO Finance Director- (Equal to or grea(ef than $5,000) Date Comments: Form #3 - Requisition