HomeMy WebLinkAbout2016-024 Contract - Ashland Construction
CITY OF CITY OF ASHLAND
ASHLAND
PUBLIC IMPROVEMENT CONTRACT
Chautauqua Walkway Replacement
Project No. 2014-06
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon (hereinafter "City" ) and ASHLAND CONSTRUCTION, INC. (Hereinafter
"Contractor"). The City's Project Manager for this Contract is Karl Johnson, Associate Engineer,
Cib~ ofAshland Public Works Department.
WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package
(including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and
Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and
Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda
No. through No. more particularly described in Standard Condition 5, (hereinafter
referred to as "Contract Documents") for its project entitled "Chautauqua Walkway
Replacement" and
WHEREAS, Contractor did on the 22"d day of January, 2016, 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 January 27, 2016, or on the date at which every party has signed this
contract, whichever is later. The work under this contract shall, unless otherwise terminated or
extended, be completed on or before February 26, 2016 or before 30 calendar days following
Contractor's receipt of the Notice to Proceed, whichever is earlier.
3. Statement of Work
The work under this contract is for Chautauqua Walkway Replacement, installation of sidewalk,
curb and handicap access ramp as is more fully described in the Contract Documents,
incorporated herein and made a part hereof by this reference. The statement of work, including
the delivery schedule for the work, is contained in is contained in the Contract Documents.
Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract
is signed and further acknowledges Contractor has read and fully understands the Contract
Documents, and understands that in signing this Agreement contractor waives all rights to plead
misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract
Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment
and services of all kinds required for, necessary for, or reasonable incidental to, performance of
the work, that is, the construction of this Chautauqua Walktivay Replacement for the City of
Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal,
County, State, or Federal Permits or licenses including payment of permit fees, license fees and
royalties necessary or incident to performance of the work on this contract. The risk of loss for
such work shall not shift to the City until written acceptance of the work by the City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, a sum not to exceed: Forty Three Thousand, Four Hundred and Seventy Five
Dollars and Zero Cents ($43,475.00) for accomplishing the work required by this contract,
including allowable expenses. This fixed sum cannot be modified except by Change Order
approved in writing by City. Any progress payments to Contractor shall be made only in
accordance with the schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this
contract during the current fiscal year. Contractor understands and agrees that City's payment
of amounts under this contract attributable to work performed after the last day of the current
fiscal year is contingent on City appropriations, or other expenditure authority sufficient to
allow City in the exercise of its reasonable administrative discretion, to continue to make
payments under this contract. In the event City has insufficient appropriations, limitations or
other expenditure authority, City may terminate this contract without penalty or liability to
City, effective upon the delivery of written notice to Contractor, with no further liability to
Contractor.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print): Ashland Construction, Inc.
Contact Name: Ron Hobson Phone: (541) 944-2728 Fax: (541) 512-0809
Address: 102 Pleasant View, Talent, OR 97540
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 #890277 Construction Contractors Board #28420
Citizenship: Nonresident alien Yes X No
Business Designation (check one): Individual Sole Proprietorship
Partnership X Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be
reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided
City oi'Ashland 2 of 23 January 25, 2016
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 K together with all other Contract
Documents as described in Standard Terms and Conditions Section 5 below, and the separately
bound Oregon 2012 Standard Specifications for Construction, as amended by the City of
Ashland's most recent Addenda to the 2012 Standard Specifications are an integral part of this
contract and agree to perform the work described in the Contract Documents, including Exhibit
A, in accordance with the terms and conditions of this contract. I further understand the City is
prohibited from entering into a contract when the contractor has neglected or refused to file any
return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under
penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
Signed by ntractor:
Signature/Title Date
Printed Name: 7410 caw
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it
has been executed by the Public Contracting Officer or designee as well as City Finance and
Legal Department representatives.
CITY OF ASHLAND SIGNATURE
Approved:
Mike Faught, Director of Pu orks, City of Ashland Date
- Authorized by Ordinance 3013 and Delegation Order dated June 22, 2010
Coding:
ed:✓
Review
y
Dave Lohman, City Attorney (approved as to legal form) Date
City of Ashland 3 of 23 January 25, 2016
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:
3+,t (1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
14 - (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
&t4 (3) Telephone listing is used for the business separate from the personal residence listing.
R.~t (4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of
one year.
i,4~ (6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor Date
City of Ashland 4 of 23 January 25, 2016
EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
1. Contractor is independent Contractor
a. Contractor shall perform the work required by this contract as an independent contractor. Although the City
reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for
the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and
will not control the means or manner of the Contractor's performance. The Contractor is responsible for
determining the appropriate means and manner of performing the work.
b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal
government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS
670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D.
c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid
to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees'
Retirement System, or workers' compensation benefits from compensation or payments to Contractor under
this contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any
of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior
written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under
the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all
provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the
Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the
City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had
occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any
obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor,
material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that
they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's
option, in the event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in
the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the
performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of
ORS Chapter 656, Workers' Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing
in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons
unless such third persons are individually identified by name herein and expressly described as intended beneficiaries
of the terms of this contract.
4. Successors in Interest
City of Ashland 5 of 23 January 25. 2016
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 " Chautauqua Walkway Replacement", 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, Oregon 2008 Standard
Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits,
schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be
deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the
Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this
reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors,
ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by
the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey
understanding of terms and conditions for performing and furnishing the project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that
includes, at a minimum, the following:
A. A written employee drug-testing policy,
B. 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
C. 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:
A. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the
subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying
Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full
force and effect for the duration of the subcontract; or
B. 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
City of Ashland 6 ot'23 January 25, 2016
Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond,
payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed
and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the
need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work
within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the
Contract prior to such written notice.
9. Suspension of the Work
The City, and its authorized representatives, may suspend portions or all of the project work due to causes including,
but not limited to:
a. Failure of the Contractor to correct unsafe conditions;
b. Failure of the Contractor to carry out any provision of the Contract;
c. Failure of the Contractor to carry out orders;
d. Conditions, in the opinion of the City, which are unsuitable for performing the project work;
e. Allowance of time required to investigate differing site conditions;
f. Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work
is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the
Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs
resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall
not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from
such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this
contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or
Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this
contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in
accordance with specifications.
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed
appropriate in its sole discretion.
c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City,
in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and
the Contractor's surety, seven (7) days prior written notice of a termination for public convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the
other. Prior to such termination, however, the party seeking the termination shall give to the other party
written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the
breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time
thereafter by giving a written notice of termination.
11. Payment on Early Termination
City of Ashland 7 of 23 January 25. 2016
a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in
accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall
pay the Contractor as provided in subsection (a) of this section.
c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall
pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided
for in section 12, Remedies.
12. Remedies
In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the
work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of
completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,
then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under
paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful
possession of the Project site and premises, and materials located on and off the Project site and premises for which
the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to
termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive.
The City also shall be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the
Contract and receipt of payment as provided in section I I (b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents,
papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts,
and transcripts for a period of three years after final payment. Copies of applicable records shall be made available
upon request. Payment for cost of copies is reimbursable by the City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to background data,
documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and
preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by
the City until the final document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other
intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be
noted as such and shall not be considered as a work product of this contract. All such work products shall be
considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent
laws.
Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is
at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City.
All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of
City. Such materials are subject to Oregon Public Records laws.
City of Ashland 8 ot'23 January 25, 2016
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.1 10 (Prohibition on Discrimination in Subcontracting);
ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520,
279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS
279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS
279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full.
Without limiting the foregoing, Contractor expressly agrees to comply with: (1) 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 websites: www.oregon.Qov/boli . When both federal
and state prevailing wages are required to be included in the contract specifications, the City shall also
include in the specifications information showing which prevailing rate of wage is higher for workers in
each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and
Industries under ORS 279C.815 (2)(c). (see attached rate schedules)
b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing
Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS
OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to
workers in each trade or occupation required, in the form of a BOLI document, is included in the contract
and bid documents and made a part hereof by this reference. For public works for which the contract price is
$50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS
279C.830(l)]
c. 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
City of Ashland 9 of 23 January 25, 2016
provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor
and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon
97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works
bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by
ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS
279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the
Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a
continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the
bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted
by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that
subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the
project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and
file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division,
Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement
in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any
one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases,
except in cases of contracts for personal services, the employee shall be paid at least time and a half pay:
a.
A. 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
B. 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
17
contractor has:
A. 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.
B. Maintained the circular continuously posted from the inception to the completion of the contract on
which workers are or have been employed.
e. At or before the commencement of work, the Contractor shall give notice in writing to employees or by
posting, of the number of hours and days per week the employees may be required to work.
[279C.520(2)(5)]
19. Medical Care and Workers Compensation JORS 279C.5301
a. 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.
b. 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
City of Ashland 10 of 23 January 25, 2016
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:
a. 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}
b. 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(I) or (5),
the City may recover such costs from the contractor by reduction of the final payment. As work on the contract
progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and
securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City
Attorney and City Finance Director, including but not limited to:
A. Bills, certificates, notes or bonds of the United States.
B. Other obligations of the United States or its agencies.
C. Obligations of any corporation wholly owned by the federal government.
D. Indebtedness of the Federal National Mortgage Association.
E. General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated
with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds
retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be
made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS
279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the
value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever
a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any
subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier.
[279C.560]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and
those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City
for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City.
These estimates shall include value of labor performed and materials incorporated in the work since
commencing work under the Contract. Such estimates need not be made by strict measurements and may be
approximate only, and shall be based upon the whole amount of money that will become due according to
terms of the Contract when Project has been completed. The City may include in payments eighty five
percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but
City of Ashland I I of 23 January 25, 2016
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 percent (100%) of the
contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done.
[279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such approval if, in the City's
opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal.
The City may also decline to approve an application for payment or may reduce said payment or, because of
subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any
payment previously made to such extent as may be necessary in their opinion to protect the City from loss
because of: (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make
payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such
payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum,
(4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within
the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the
Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction
schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been
remedied satisfactorily to the City, payment shall be made for amounts withheld because of them.
Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the
City of Ashland 12 of 23 January 25, 2016
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).
c. 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
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.
d. 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.
e. 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
City of Ashland 13 of 23 January 25. 2016
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.
f. 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).
g. 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.
h. 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.
i. 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.
j. 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.
k. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS
279.570(9).
23. Change Orders / Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements,
including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the
City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the
City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either
the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party
to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated
contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in
writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated
authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or
authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall
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
quantarrn 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:
City of Ashland 14 of 23 January 25, 2016
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
B. 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:
(1) 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
(2) Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of
such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an
interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to
require each of its subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or supplier. [279C.580(4)]
c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS
279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor
is entitled to the payment of such amount. [279C.570(1)].
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract
pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a
party. The City shall not be included as a party in any administrative or judicial proceeding involving such a
dispute. [279C.580(2)]
e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or
material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor
shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment
Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS
279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City
and shall be fully responsible for any lien or claim filed against the City on account of any labor or material
furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums
withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)]
f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any claim
for labor or services furnished to the Contractor or a subcontractor by any person in connection with the
Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and
charge the amount of the payment against funds due or to become due Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within
30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier
subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-
day period that payment is due under ORS 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.
City of Ashland 15 of 23 January 25, 2016
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 Six Hundred Dollars per day ($600.00/day) for each and every day
that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation
of the damages expected because of a delay in the completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become due to the
Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in
respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver
of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete
the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the
contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any
of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a
showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the
parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards
as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of
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
City of Ashland 16 of 23 January 25, 2016
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 dates and a description of operations covered. The certificate will include the
deductible or retention level and required endorsements. Insuring companies or entities are subject to City's
acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible
for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds / Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond
written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based
upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The
bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of
all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the
prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other
financial assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an
amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in
the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a
period of one year from the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial
assurance shall be for a period of one year from the date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand
delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after
the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided
labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts
business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution
to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150
days after the employee last provided labor or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
City of Ashland 17 of 23 January 2~, 2016
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.
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 Engineers
Energy, Department of
Cite of Ashland 18 of 23 January 25. 2016
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
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
Consumer & Business Services, Department of
Oregon Occupational Safety & Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Engineer
State Land Board (Lands, Division of State)
Water Resources Department
Local Agencies:
City of Ashland
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,
rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes,
ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural
resources occurring after the submission of the successful bid, the City may:
a. Terminate the contract;
City of Ashland 19 of 23 January 25. 2016
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 ordinance, rule or regulation, the Contractor shall not commence
work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of
this section without written direction from the contracting agency. Upon request by the City, the Contractor shall
estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the
encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within
a reasonable period of time following delivery of an estimate of this section, the City may:
a. Terminate the contract;
b. Complete the work itself,
c. Use non-City forces already under contract with the City;
d. Require that the underlying property owner be responsible for cleanup;
e. Solicit bids for a new contractor to provide the necessary services; or
f. Issue the contractor a change order setting forth the additional work that must be undertaken.
If the City chooses to terminate the contract under either subsection(a) of this section, the Contractor shall be entitled
to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the
percentage of the work completed. The City shall have access to the contractor's bid documents when making the
contracting agency's determination of the additional compensation due to the contractor. If the contracting agency
causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not
be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this
section shall include the appropriate extension of contract time and compensate the contractor for all additional costs,
including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes,
ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the
contracting agency's determination of the additional compensation due to the contractor.
Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource
risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and
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 stopped, 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
City of Ashland 20 of 23 January 25, 2016
The Contractor shall perform such additional work as may be necessary to correct errors in the work required under
this contract without undue delays and without additional cost.
36. Governing Law
The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances
of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be
brought in the appropriate court in Jackson County, Oregon. If the claim must be brought 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 personarn 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: Karl Johnson, Associate Engineer
City of Ashland
Public Works Department
20 East Main Street
Ashland, OR 97520
Contractor: Ashland Construction, Inc.
102 Pleasant View
Talent, OR 97540
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
City of Ashland 21 of 23 January 25, 2016
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING
THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND
UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
ATTACHMENTS: EXHIBITS A-K
EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS
EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
EXHIBIT C INSURANCE REQUIREMENTS
EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION
EXHIBIT E BONDS (PAYMENT AND PERFORMANCE)
EXHIBIT F CENTRAL OREGON & PACIFIC RAILROAD
(APPLICATION FOR CONTRACTORS ACCESS/OCCUPANCY ON RAILROAD
PROPERTY)
EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT H CERTIFICATE OF COMPLIANCE
EXHIBIT I RELEASE OF LIENS AND CLAIMS
EXHIBIT J CERTIFICATE OF FINAL COMPLETION
EXHIBIT K INSTRUCTIONS TO BIDDERS
City of Ashland 22 of 23 Januar}' 25, 2016
EXHIBIT B
COMPLIANCE WITH APPLICABLE LAW
PUBLIC IMPROVEMENT CONTRACT
This exhibit contains the requirements for public contracting as set forth in ORS Chapter
279C.360 through and including 279C.800 and is available through the City Engineering Office at
51 Winburn Way, Ashland, Oregon or online at w,,N .leg.stateor.us/ors.
City of Ashland 23 ot'23 January 25, 2016
CITY OF
ASHLAND
REQUEST FOR QUOTATIONS
Project located near the intersection of E. Main Street and Oak Street at the Chautauqua Walkway. Please
indicate your quotation for each of the following items as indicated below. City of Ashland will provide
Surveying for contractor. Plans and Standard Drawings are attached to this request.
Item Description Quantity Unit Unit Price Amount
MOBILIZATION AND TRAFFIC CONTROL
Mobilization LS 1
Traffic Control LS 1
Erosion & Sediment Control LS 1 C
ROADWORK
Removal of existing sidewalk, curb and asphalt
surfacing LS 1
DRAINAGE
3-in Schedule 80 PVC Drain Pipe LF 15
Trench Drain LS 1
(City, of Ashland Supplied) i 000 1 GGV
WEARING SURFACES
Colored Concrete Sidewalk SF 380
1
-7 '5V
Colored Concrete Sidewalk Rams EA I
Colored Thickened Concrete Sidewalk SF 635
12-in Concrete Curb
(To be poured monolithically with Thickened Concrete LF 160
Sidewalk) ,30 - 4-f-kcc
Heating Unit
(All necessary appurtenances to heat an area 6-ft wide by 80- LS 1
ft long as shown on drawings) ~~~'c
RIGHT OF WAY
Adjust Water Meter Boxes LS 1
(City of Ashland to supply new)
Remove and Reinstall Bike Rack LS 1 C%
Chautauqua Walkway Bid Total ~ $
QUOTE MUST BE RECEIVED BY: 2:00 PM, Friday, January 22, 2016
Date: Z }
By:
ignatt►re
-C°+ t-? SuN Address: fie;~w.s;gN- V l t~
nn e Name
Iite
t-
Company
Engineering Department Tel: 541/488-5347
20 F. Main Street Fax: 541/488-6006
Ashland, Oregon 97520 TTY: 800/735-2900
NN N%NN.ashlanLr.LIS ~r
G:Apub-),Nrks\eng\2014 Project YearA14-06 Chautauqua Walk Replacement'A AdminACons Pre Contiact\Chautauqua Walk Concrete RFQ - 01-13-16.docx
CITY OF
-ASHLAND
Memorandum
DATE: January 28, 2016
TO: Scott Fleury
FROM: Karl Johnson
RE: 2014-06 Chautauqua Walkway RFQ Request Summary
On Friday January 15th I delivered three request for quotes for the Chautauqua Walkway Project to the
following contractors:
• Ashland Construction, Inc.
• Cut N Break Construction Inc
• Oleson Concrete Construction
The request specified that the "Quote must be received by: 2: OOpm, Friday, January 22, 2016 At the
specified time, only Ashland Construction had returned a quote for the project and I have not heard from
the other two contractors about the project since before the quotes were due.
PUBLIC WORKS/ENGINEERING DIV. Tel: 541-488-5347
20 East Main Street Fax: 541488-6006 It
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
G:\pub-wrks\eng\2014 Project Year\14-06 Chautauqua Walk Replacement\A_Admin\Cons Pre Contract\FtQ Kequest Memo.docx
CITY OF
ASHLAND
January 14, 2016
To All Potential Bidders:
RE: CONCRETE INSTALLATION FOR THE CITY OF ASHLAND
The City of Ashland is seeking bidders for a concrete work at the Chautauqua Walkway in Downtown
Ashland.
Work will consist of the installation of approximately 380 square feet of colored concrete sidewalk with a
handicap ramp. Also to be included is approximately 635 square feet of colored thickened concrete
sidewalk with 480 square feet of which shall be heated. Work will need to be complete before February
26, 2016.
If you are interested in submitting a bid for this work, please complete and submit the attached Request
for Quotations form to the City of Ashland Engineering Department by mail at 20 E. Main Street,
Ashland OR 97520 or in person at 51 Winburn Way. Bids must be received by 2:00 PM, Friday
January 22, 2016. This project will be subject to the enclosed City of Ashland Living Wage Ordinance.
If you have any questions regarding this request, please feel free to call Karl Johnson, Associate Engineer
at 488-5347.
Sincerely,
Karl J. Johnson
Associate Engineer
CC: Brad Barber
Engineering Department Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland, Oregon 97520 TTY: 800/735-2900
www.ashland.or.us
G:Apub-wrks\eng\2014 Project Year\14-06 Chautauqua Walk Replacement\A_AdminTons Pre Contract\Chautauqua Walk Concrete RFQ - 01-13-16.docx
CITY OF
ASHLAND
REQUEST FOR QUOTATIONS
Project located near the intersection of E. Main Street and Oak Street at the Chautauqua Walkway. Please
indicate your quotation for each of the following items as indicated below. City of Ashland will provide
Surveying for contractor. Plans and Standard Drawings are attached to this request.
Item Description Quanti Unit Unit Price Amount
MOBILIZATION AND TRAFFIC CONTROL
Mobilization LS 1
Traffic Control LS 1
Erosion & Sediment Control LS 1
ROADWORK
Removal of existing sidewalk, curb and asphalt LS 1
surfacing
DRAINAGE
3-in Schedule 80 PVC Drain Pie LF 15
Trench Drain LS 1
(City of Ashland Supplied)
WEARING SURFACES
Colored Concrete Sidewalk SF 380
Colored Concrete Sidewalk Rams EA I
Colored Thickened Concrete Sidewalk SF 635
12-in Concrete Curb
(To be poured monolithically with Thickened Concrete LF 160
Sidewalk)
Heating Unit
(All necessary appurtenances to heat an area 6-ft wide by 80- LS 1
ft long as shown on drawings)
RIGHT OF WAY
Adjust Water Meter Boxes LS 1
(City of Ashland to supply new)
Remove and Reinstall Bike Rack LS 1
Chautauqua Walkway Bid Total S
QUOTE MUST BE RECEIVED BY: 2:00 PM, Friday, January 22, 2016
Date:
By:
Signature
Address:
Printed Name
rte
Company Phone:
Engineering Department Tel: 541/488-5347
20 E. Main Street Fax: 5411488-6006 ILA&
Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us
G:Apub-wrks\eng\2014 Project YearU4-06 Chautauqua Walk Replacement\A_AdminvCons Pre Contract\Chautauqua Walk Concrete RFQ - 01-13-16.docx
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SIDEWALK PARKWAY STRIP
1' BENCH 8' RESIDENTIAL 3" MIN./6"MAX. TOP SOIL
IN CUT 5' MINIMUM 10' COLLECTOR/ARTERIAL
CURB & GUTTER ARK. SLOPE 1 \4" PER FT. SL1 /4" PPER FT STRIP (SEE DWG. CD700)
III- - - - - - - = BASE MATERIAL
-117 - - - - - I-III-III=1=1-III=111=111=111
1=1 i=1 1=1 =III III III-1 -1 1-1 I-I 1-1 1=III - 1-1 I-III-1I 1=1
- ~ ~ ~-i
SEE NOTE #4 & #5 COMPACT BASE ROCK -
SEE DETAIL BELOW FOR CUT AND FILL 1 FT. BEHIND CURB
111- III--1=- i1 11- I F
REQUIREMENTS AT BACK OF WALK. - -
1
-III-III=1=1 I Iii-i
UNDISTURBED NATIVE MATERIAL SUBBASE MAT'L
Sidewalk With Parkway Strip
UTILITY POLES MIN. 4' CLEARANCE
1' BENCH 5' RESIDENTIAL
IN CUT 7' COLLECTOR AND ARTERIAL
CONSTRUCTION JOINT WITH V-GROOVE.
c~T S OAF SLOPE 1\4" PER FT. CURB & GUTTER (SEE DWG. CD700)
r:
~ s~-° } I I I ~ I=1 I I I I .'III I I I~-1 I -III
3' BENCH
FI LL -
SEE NOTE #4 & #5 _ I= = 1=1 1=
THICKENED EDGE TO EXTEND FROM BOTTOM
UNDISTURBED NATIVE MATERIAL OR OF CURB TO 1 FT. BEHIND BACK OF CURB.
COMPACTED FILL (SEE NOTE 6 BELOW)
COMPACT BASE ROCK 1 FT. BEHIND CURB.
Sidewalk Adjacent To Curb
3/8"
3/8" EXPANSION 11/2 DEEP V-GROOVE
MATERIAL ~1/4" RADIUS
a
>a ~ o a Q a
a
SIDEWALK ISOLATION JOINT SIDEWALK CONTRACTION JOINT
PLACE EVERY 50' PLACE EVERY 5'
GENERAL NOTES:
1. SIDEWALKS SHALL HAVE A NOMINAL THICKNESS OF 4" WITH A MEDIUM BROOM FINISH.
2. SIDEWALK SECTIONS THROUGH DRIVEWAYS SHALL HAVE A NOMINAL THICKNESS OF 6".
3. WHERE SIDEWALK IS ADJACENT TO CURB, PLACE CONSTRUCTION JOINT IN LINE WITH CURB JOINT (10') AND IN BETWEEN (5').
4. GRANULAR MATERIAL UNDER SIDEWALKS & DRIVEWAY SHALL BE SAND,
GRANITE, OR CRUSHED ROCK, FIRMLY TAMPED.
a. 2" MIN. THICKNESS UNDER SIDEWALKS.
b. 3" MIN. THICKNESS UNDER DRIVEWAYS.
5. CONCRETE TO BE COMMERCIAL GRADE CONCRETE (CGC) PER 2002 ODOT/OREGON APWA SECTION 00440.00
6. IN EMBANKMENT AREAS, PIT RUN OR 4" SHALE BACKFILL SHALL BE USED TO BUILD TO GRADE. NATIVE BACKFILL MAY BE
CONSIDERED WITH APPROVAL FROM CITY ENGINEER. CONSTRUCT BENCH ON SLOPES 5% OR GREATER.
7. ALL WORK & MATERIALS SHALL CONFORM TO 2002 ODOT/APWA STANDARD SPECS. AS AMENDED BY THE CITY OF MEDFORD.
SIDEWALK DETAIL
ISSUED:LB DATE: 91,27105 PUBLIC WORKS ENGINEERING DRAWING NO.
CRZ 7/28/05 CD720
REVISED: CSH DATE: 212106 Ashland - Medford - Rogue Volley Sewer Services
EXISTING PAVEMENT
(TO 3' BEHIND CURB MINIMUM ASPHALT REPLACEMENT
NEW CONSTRUCTION OR SIDEWALK) THICKNESS SHALL BE THE FOLLOWING:
THICKNESS STREET CLASS
4" RESIDENTIAL
5" COLLECTOR
6" ARTERIAL
WHEN CUTTING, REMOVING, AND
`I REPLACING EXISTING PAVEMENT, REMOVE
6" WIDER THAN TRENCH ON EACH SIDE.
SAWCUT AND TACKCOAT/SAND SEAL TOP
JOINT.
SUBGRADE EXISTING AC AND BASE
CONTROLLED LOW STRENGTH MATERIALS
1"-0" CRUSHED ROCK COMPACTED TO j\\ (CLSM). SEE NOTE 4 BELOW.
95%, ABOVE SUBGRADE at 100% T-99D.
6" OVER BELLS ON PIPE
PIPE ZONE MATERIAL: 1'-0' CRUSHED ROCK (FIRMLY COMPACTED)
OR MAY SUBSTITUTE 3/4--3/8- OPEN ALL PIPE TO BE GASKETED (SEE NOTE 3)
GRADED ROCK TO SPRING LINE OF PIPE.
4" OF BEDDING UNDER PIPE i
TRENCH DETAIL
UNDER PAVED AREAS TRENCH WIDTH (SEE NOTE 3)
WITHIN R/W (NON PAVED STREETS, OUTSIDE R\W & OUT
ALLEYS, & OVER 3' BEHIND CURBS) OF TRAFFIC AREAS
BACKFILL• WELL COMPACTED SELECT
NATIVE OR APPROVED IMPORTED
MATERIAL
1"-0* CRUSHED ROCK FIRMLY COMPACTED
6" OVER BELLS ON PIPE
PIPE ZONE MATERIAL: 1'-0'
)
ORUMAYDSUROCK (FIRMLY BSTITUTE 3/4--3/8 -OPEN ' ALL PIPE TO BE GASKETED (SEE
GRADED ROCK TO SPRING LINE OF PIPE. NOTE 3)
4" OF BEDDING UNDER PIPE
TRENCH DETAIL
OUTSIDE PAVED AREAS TRENCH WIDTH (SEE NOTE 3)
GENERAL NOTES:
1. COLD MIX AC MAY BE USED AS TEMPORARY PATCH ONLY.
2. ALL STEEL TRAFFIC PLATES IN TRAVELED AREAS MUST BE "RAMPED" WITH COLD MIX AC TO ALLOW SMOOTHER TRANSITION.
a) MINIMUM 12" LAP OF STEEL PLATES ONTO EXISTING PAVEMENT.
b) MINIMUM 3/4" STEEL PLATE THICKNESS.
3. ALL GASKETED JOINTS SHALL BE PRESSURE TESTABLE. (CONCRETE PIPE - ASTM C443; PVC & HDPE PIPE - ASTM D3212)
a) SMALL PIPES (24" DIA. OR LESS) - MINIMUM TRENCH WIDTH SHALL BE I.D. PLUS 18".
b) LARGE PIPES (30" DIA. OR GREATER) - MINIMUM TRENCH WIDTH SHALL BE O.D. PLUS 24", AT THE BELL END THE
TRENCH WIDTH SHALL INCREASE TO ACHIEVE THE 24".
4. CONTROLLED LOW-STRENGTH MATERIAL (CLSM) IS HIGHLY FLOWABLE LEAN CONCRETE MIX; A MIXTURE OF FLY ASH, CEMENT,
FINE AGGREGATES, WATER AND ADMIXTURES, IF NECESSARY. CLSM SHALL ATTAIN A 28-DAY COMPRESSIVE STRENGTH OF 150
TO 250 psi AND SHALL COMPLY WITH 2002 OREGON APWA/ODOT SECTION 00442.
STANDARD PIPE TRENCH
ISSUED:CRZ DATE: 712 9105 PUBLIC WORKS ENGINEERING DRAWING NO.
REVISED: DATE: Ashland - Medford - Rogue Valley Sewer Services CD302
CONTRACTION JOINT IN CTR IF 15' OR WIDER
CONTRACTION JOINT 2' A WHERE EXISTING ALLEY OR GRAVEL DRIVE
= CONSTRUCT 2" THICK x 2' DEEP x FULL
SIDEWALK (SEE CD720) WIDTH 1/2- DENSE HMAC TRANSITION.
SIDEWALK (SEE CD720)
1 "/FT. \
D ~
5' RESIDENTIAL
7' COLLECTOR
& ARTERIAL
6' TRANSITIO WIDTH AS SPECIFIED 6' TRANSITION
FLARE 12' MIN./18' MAX. FLARE
32' MAX. COMMERCIAL
Driveway Apron A
TYPICAL SIDEWALK GRADE
33" FOR 5' WALK 2" FOR 2' AC 7' ARTERIAL/COLLECTOR
7' WALK BELOW TYPICAL 5' RESIDENTIAL
SIDEWALK GRADE FROM 3' ® 2% 12:1 SEE CD 700
BTM OF FLARE TO BTM
OF FLARE. (7')8.33% (1 :1)MAX 1/2- LIP
2% (5')10% (10:1)MAX DROP CURB & GUTTER
- ----r-
24
2" THICK x 2' DEEP x FULL SEE NOTE 8
WIDTH CLASS "C" AC TRANSITION BASE MATERIAL
FROM BACK OF APRON TO
EXISTING GRAVEL DRIVEWAY OR
ALLEY ON 6" OF BASE MATERIAL. Section A-A 1L SUBBASE MATERIAL
GENERAL NOTES:
1.RE.SIDENTJAL pRIV,.EWAYS.-AND,. S,LpEWALK, SEGTIONS__THF30U..GH PRLV.,EWAYS..,SHALL....HAVE A• NOMINAL, .THICKN.ESS OF__6"
2. CONCRETE APRONS FOR COMMERCIAL AND INDUSTRIAL USE AND ALLEY APPROACHES SHALL HAVE A NOMINAL THICKNESS OF 6"
WITH #4 REBAR 12" O.C. BOTH WAYS. (2" CLEAR)
`3. MINIMUM DRIVEWAY WIDTH 12 FEET BUT MAY NEED TO BE WIDER TO ALLOW FOR FIRE/TRUCK TURN RADIUSES.
4. IF DRIVEWAY IS LESS THAN 15' WIDE DO NOT PLACE CONTRACTION JOINT AT CENTER, SEE CD720 FOR CONTRACTION JOINT DETAIL
5. IF APRON AND DRIVEWAY ARE POURED AT THE SAME TIME, PLACE ISOLATION JOINT WHERE THEY MEET.
6. CONSTRUCT A CONTRACTION JOINT WITH CURB JOINT (10') AND IN BETWEEN (5').
7. ALL MIX SHALL BE VIBRATED OR TAMPED, AS DIRECTED, FOR COMPACTION.
8. GRANULAR MATERIAL UNDER DRIVEWAYS AND SIDEWALK SECTIONS THROUGH DRIVEWAYS SHALL BE SAND, GRANITE, OR CRUSHED
ROCK MINIMUM 3", FIRMLY TAMPED.
9. CONCRETE TO BE COMMERCIAL GRADE CONCRETE (CGC) PER 2002 ODOT/OREGON APWA SECTION 00440.00
10. ALL WORK, MATERIALS & CURING SHALL CONFORM TO 2002 ODOT/OREGON APWA STANDARD SPECS, AS AMENDED BY THE
CITY OF MEDFORD.
DRIVEWAY APRON ON STREET WITH SIDEWALK ADJACENT TO CURB
ISSUED:LB DATE: ?l27105 PUBLIC WORKS ENGINEERING DRAWING NO.
CRZ 7/28/05
REVISED: DATE: Ashland - Medford - Rogue Valley Sewer Services CD745
Ashland Construction, Inc. Cut N Break Construction Inc
102 Pleasant View 519 N Front St # B
Talent, OR 97540 Medford, OR 97501
Oleson Concrete Construction
PO Box 342
Jacksonville, OR 97530
is CERTIFICATE OF LIABILITY INSURANCE DATE {fiBIF}6 TTTT)
4/17J2015
TMS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT. AFFIRIOATIVELY OR NEGATIVELY AMEND, ERTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.. THIS CERTIFICATE OF INSURkNCE 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 poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and canolftions of the paficy, certain polldes may require an endorsement. A statement on this certificate does not confer rights to the
ceIificate holder in f1w of such endorsements .
0011
Pw=lcm Brown & Brown Northwest NIUI A sum meson
3256 HiiIcrast Park Drive MORE 541-494-2658 FAx No . 541-494-2758 ~ Ea Medford, OR 97604 &
AWREW MAIL swilson(i~bbnw cam
INSUREKM AFPORDMCOVI COVIMAGE NAZI
wwtsr_bbnw.com INSURER A : Ohio Secu ' Insurance CDm 3n 24062
v4sURED ums11RER B : Developers Sure & Indemnity Compwy
Ashland Construction Inc wsuRER c: SAIF
Southern Or on Concrete Pumping
102 Pleasant View INSURER D:
Talent OR 97540 INSURER E:
INSURER F.
COVERAGES CERTIFICATE NUMBER: 242948()8 RI ISION NUMBER:
THIS IS To CERTIFY THAT THE POLICIES of INSURANCE usTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME) ABOVE FOR THE POLICY PERIOD
INDICATM. NOTVATHSTANDING ANY REQUIREMENT,-TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WiICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POQCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
IXCL.USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LlifiiS
LM TYPE OF INSURANCE POIJCYNUf<iBER POLICYEFF POLICYEKP
A d corAIMERcuLGE3M LLA139- r ,r BKS1656058358 3211`2015 3021/2016 pACHocCURRENCE _ 5 1,000,000
CLQMS-MADE El r OCCUR PREMISES ER D===r once S 1,000,000
MED EXP (Any One erwn F 15,000
PERSONAL & ADV INJURY 5 1,000,0DO
G~N'LAGGREGXTELIMITAPPLIESPEk GENERALAGGREGATE $ 2,DD0,000
Policy ❑ JECT a Lac .PRODUCTS-COMP/OP AGG $ 2.0W=D00
OTHER: 5
Avromomi.Eilwai Y~ BAS1&x6053355 _ 12015 321f2016 MCOMNED e smi ent) LELIM $ 1 DOO ODD
312
A
r ANYAUTO BODILY INJURY(Parpemn) $
~OSYN ED H SCCHEEDULED BODILY INJURY (Paraaidard S AUTOS
NON-DANED PROPERTYDAMAGE ;
HIREDAUTOS AUTOS (Perfect ro
$
UNaRE t a I MS OCCUR EACH OCCURRENCE 5
EXCESS iJAB HCLAMS4AADE AGGREGATE S
DED RETENTION ;
C WORKERS COMPEMEATION 489079 10112014 101112015 / PE--I
S PLOYERC I.InsurY YIN
ANY PROPMETORTPAR:TtfSZO ECUTIVE NIA EL EACH ACCIDENT $ 500,DDD
~ rCER16 10 NE32 EXCLUDED?
EI DJ3F1,SE-FJ.I3GPLOYE ; SOO,OOO
Dy"• ,M~°r E.LD)SEASE-PDIJCYllMIT s ~.QDO
DESCRIP f10N OF OPERATIONS beinw
B CCS Commerded Liceme Bond 274$36C 7/112014 711=16 Limit: $50,000
CCB Residential License Bored 274337C 7/112014 7/1!2016 Limit: $20,000
DESCFrI raM OFOP£RAT)MILOCATIOHS/VEHKA.ES (ACORD tot, AddWMW Ii.maft soj►r U* maybe e9aclwa If nwe spec. Is roquk.d)
CERTIFICATE HOLDER CANCELLATION
3HDULD ANY OFTHE ABOVE DESCRIBED POL)CIES BE CANCELLED BEFORE
Cfty of -Ashland THE EXPIRATION DATE 'EHEREDF, NOTICE WILL BE DELIVERED IN
20'E Main St ACCORDANCE WITH THE POLICY PROWSION&
Ashland OR 97520
- AUTHORZED REPRES€KrA7NE
Susan Wilson
®1588-2014 ACORD CORPORATION. All rights reserved.
ACiORD 25 (2D14N1) The ACORD name and logo are registered marks of ACORD
Page 1 / 1
CITY OF
ASH LAND DATE PO NUMBER
20 E MAIN ST. 2/10/2016 13366
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000026 SHIP TO: Ashland Public Works
ASHLAND CONSTRUCTION, INC (541) 488-5587
102 PLEASANT VIEW 51 WINBURN WAY
TALENT, OR 97540 ASHLAND, OR 97520
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Karl Johnson
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Replace Chautauqua Walkway with new 43,475.00
concrete, remove and replace existinq
sidewalk and handicap access ramp at
base of Chautauqua Walkway.
City of Ashland
Public Improvement Contract
Effective date: January 27, 2016
Completion date: Februarv 26, 2016
SUBTOTAL 43,475 00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 43,475.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 260.08.12.00.70420 E 201406.120 21 737.50
E 690.11.18.00.70410 E 000485.120 21 737.50
Auth ed Signature VENDOR COPY
o t ~ /
FORM CITY OF
ia-1-ASHLAND
v
REQUISITION Date of request: 01/29/16
Required date for delivery: ASAP
Vendor Name Ashland Construction, Inc.
Address, City, State, Zip 102 Pleasant View, Talent, OR 97540
Contact Name &Telephone Number Ron Hobson, President, (541) 944-2728
Fax Number (541) 512-0809
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Agency
❑ Form #9, Request for Approval
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Replace Chautauqua Walkway with new concrete, remove and replace
existing sidewalk and handicap access ramp at base of Chautauqua $43,475.00
Walkway (see attached)
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number 201406.120 Account Number 260.08.12.00.704200 (50%, $21,737.50)
Project Number 000485.120 Account Number 690.11.18.00.704100 (50%, $21,737.50)
*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; l cert1 that the City's public contracting requirements have been satisfied.
Employee: Department ManagerlSupervisor (Ele )fr t i . / z z~
Department Manager/Supervisor (P ` Department Head, Elec):
(Eq al to or greater than $5,000)
Department Head (PW): City Administrator.~~-
(Equal to or greater than ,000) (Equal to or greater thaq $25,000)
Funds appropriated for current fiscal year: / NO _Z7
Finance Director- (Equ (0orgreaterthan $5,000) Date r
Comments:
Form #3 - Requisition