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HomeMy WebLinkAbout2016-286 Contract - Vitus Construction a CITY OF ASHLAND PARKS AND RECREATION -ASHLAND M GARFIELD WA TER PARK CONSTR UCTION PROJECT No. 000060 PUBLIC IMPROVEMENT CONTRACT This Contract is between the Ashland Parks and Recreation Commission (CITY OF ASHLAND), a municipal corporation of the State of Oregon (hereinafter "City" ) and Vitus Construction (Hereinafter "Contractor"). The City's Project Manager for this Contract is Jason Minica, Ashland Parks and Recreation Commission. 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. 1 through No.3, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Garfield Water Park Construction Project " and WHEREAS, Contractor did on the 9/22, 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. This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on 10/4, 2016, or on the date at which every party has signed this contract, whichever is later. All work under this contract shall, unless otherwise terminated or extended, be completed on or before April 30, 2017. 3. Statement of Work The work under this contract is for Garfield Water Park Construction Project as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor 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 32 -•~.1 VITUCON-01 CBETTIN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDnrYYY) 9/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol Bettin Anchor Insurance & Surety, Inc. PHONE FAx 1201 SW 12th Ave. Suite 500 A/c No EXt : (503) 224-2500 A/c No : (503) 224-9830 E-ML DDRESS: cbettin@anchorias.com Portland, OR 97205 A INSURER(S) AFFORDING COVERAGE NAIC # INSURERA : SAIF Corporation 36196 INSURED INSURER B : Vitus Construction Inc. INSURER C : PO Box 1097 INSURER D : i Gold Hill, OR 97525 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO _7 CLAIMS-MADE F OCCUR PREM SES (Ea occurrence) l$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- ❑ LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X PER OTH AND EMPLOYERS' LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A 811648 10/01/2016 10/01/2017 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Garfield Water Park Construction Project i I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ashland Parks and Recreation Commission 1195 East Main Street Ashland OR 97520 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CITY OF ASHLAND FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 2790.370 and OAR 137-049-360) GARFIELD WATER PARK CONSTRUCTION PROJECT PROJECT 000060 Bid Closing Date: 2:00 PM (PDT) September 15, 2016 SPECT 22, 2016 REV / ADD 1 SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE 1. FIGUEROA'S LANDSCAPING LANDSCAPING $493010.00 2. LIGHT TOUCH EXCAVATION SITE WORK $703959.50 3 PRECISION CURBS AND CONC CONCRETE $703959.50 4 SPARTAN PLUMBING PLUMBING $1583600.00 5 6 8 9 10 7 • List above the Name, Dollar Value and Category of Work of each subcontractor that will be furnishing labor or labor and materials and that is required to be disclosed, the dollar value of the subcontract and the category of work that the subcontractor will be performing. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). 30 of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this Gatfielrl Witten Prtf-k Consh-ttction Pr-oiect for the CITY OF ASHLAND, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of. $817,756.40 for accomplishing the work required by this contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the 2017 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 specified fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print: Vitus Construction, Inc. Contact Name: Corey E. Vitus Phone: 541-855-7177 Fax: 541-855-7250 Address: PO Box 1097 Gold Hill, Oregon 97525 Do Not PKrite Federal and Strrte Tux ID Nwnbers on this Agreenient: One copy q PV-9 is to be submitted tiaith the signed contract to be kept ors file in the CITY Or ASHLAND Finance Departrrreni. Ashland Business License # BL-002995 Construction Contractors Board #63643 Citizenship: Nonresident alien X Yes No Business Designation (check one): Individual Sole Proprietorship Partnership X Corporation Governinent/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. 1, the undersigned, understand that the Standard Termms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J and together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2015 Standard Specifications for Construction, as amended by the CITY OF ASHLAND's most recent Addenda to the 2015 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, 33 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 ain/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 Contractor: 10/12/16 Signature/Titld' Date Printed Name: Corey E. Vitus NOTICE TO CONTRACTOR: This contracl does nol bind the CIT}' OF ASHLAND runless and until it has been executed bj~ the Public Contracting Officer or designee as well as City Finance and Legal Depcinment representaliver. CITY Or ASHLAND SIGNATURE Approved: 3 X- 4, P T Dave Kanner, City of Ashland Administrator - Authorized by Ordinance 3013 and Delegation Order dated., 2010 Coding: Reviewed: Lee Tune r , 'inaIlce Director (funds appropriated 2017 fiscal y ar) Date Revie~ cd: David man, City Attorney (approved as to legal form Date 34 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of pei juy, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: X (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. X (6) 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. 10/12/16 Contractor Date 35 This page intentionally left blank 36 t CITY OF ASHLAND EXHIBIT A - 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 37 . 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 " Garfield Water Park Construction Project', Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (SOLI) if applicable AND any other separately bound reference, Oregon 2015 Standard Specifications for Construction, and CITY OF ASHLAND Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes, at a minimum, the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that employee will be working on the Public Improvement project job site. C. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed 38 e ° Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; C. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. C. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. it. Payment on Early Termination a. If this contract is terminated under I O(a)(b) or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. 39 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 I0(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10 (d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section I I (b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically CITY OF ASHLAND and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A. 110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 40 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, are attached to these Contract Documents as attachments. Or can be found at the following websites: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(l 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 CITY OF ASHLAND for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] C. The CITY OF ASHLAND shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a CITY OF ASHLAND 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 CITY OF ASHLAND 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. 41 e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 2790.540. (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 2790.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements.. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [2790.555] "Retainage" means the difference between the amount earned by a -contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in accordance with the two options below: • The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or) 42 • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations of the United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are 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. 43 . 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 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 44 Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. C. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. h. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work 45 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 quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor 46 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. 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 $20,283.20 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 47 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration 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 48 assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 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. 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 49 Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service 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) 50 County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a) Terminate the contract; (b) Complete the work itself, (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource 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 51 The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the CITY OF ASHLAND, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity.. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. 39. Business License The Contractor shall obtain a CITY OF ASHLAND business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City: Jason Minica, CITY OF ASHLAND 340 S Pioneer Street Ashland, OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in 52 the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR 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. 53 EXHIBITS B-J EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS (BID, PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS 54 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 of Ashland, Office at 340 S Pioneer, Ashland, Oregon or online at www.le r.st, ate.or.us/ors 55 f EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than ■ $2,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. ■ Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than ■ $2,000,000 or ❑ $3,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. ■ Required by City ❑ Not required by City o Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. 56 EXHma D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR i 't:' ji l fi~`.a t riti1` •r:1 t:i.t':,titti~ -ti'r: `t;:•'r; , i :.1. 't'•.i r, t. . it 5!tl.'.! . a1, r. •r~. .r!LJ1t:•~••~•`~:,~.. y. .4, !Fti I. •'t. _ 'E~. ti5: ,tt ' C° 'ij.Fj t '!A 11' t 'ti~~l. ~;1i :t,,. .,ti ;t.;,•. ;i~11:i;i..t~t; .y..:. +~'•.•..-t: .5 •i ;`ti•11`1:'i~~ti~a ! ,.r•.r .:1 t.;tlr !a •s.:~. f.:,';a:F'.,: 't.,: A,' CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: 1 am authorized to act on behalf of the entity nntned below, and certify under penalty of perjury that it is a corporation. Vitus Construction, Inc. 10/12116 Entity Signature Date , ' '.17•~~.._.~1 ~,~t►a: }:pia-'~~ a':. ' a • . ' .r•,: : . S • ' i } ' ~ i;•.'•.•'.... ~ ~t~t 5 1ri" +kt•.t:.- :.~•1:1~11~'1.,., :f'" ••t•11• i•,~r,•~•~~:1: B. CONTRACTOR IS INDEPENDI+;N'I'; `,:5~,9;t~~'~ •~•,t,,.t •f • ~ t~ a.~•• Independent COJIURctor StmulRras. As used in variolts provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standArds of ORS 670.600 are meta Contractor and Project Manager certifies that the Cotitractoi- nlcels the following stalltlRrds: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or pt'ofessiotlal oecupatiotl licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for tho contracted labor or services. d. Contractor has the authority to hire alid fire cnil)loyces to perform the labor or services, 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer, 6. Contractor is registered udder ORS chapter 701, L the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a bllSillOSS Schedule C as pact of the personal income tax return, for the previous year, for labor or services performed as an itrdependent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by nn independently established business as forr or more of the following circumstances exist. (Check four or more of the following:) X A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of ContrilctOrs residence, which is set aside as the location of the business. X B. Commercial advertising or business cards nr-c purchased for the business, olr Contractor fins a trade association membcrshipr X C. Telephone listing is used for the business that is separate from the personal residence listing. X D. Labor or services are performed only pursuant to written contracts. X F, tabor or services are performed for two or more different persons within a period of one year. 57 x R Contractor Assulnes financial responsibility for defective workmnnship or for service not provided as evidenced by the ownership of performance bonds, warrantics, errors and mission insurance or liability insurance relating to the labor or services to be provided. If Any Retlon is taken by R pcrSOII 01' ellforcenlent AgellCy reiRtillg to Contractor's indepeudent contractor status lit connection with this contract, Contractor shall defend, hold !Harmless and indemnify the CITY OF ASHLAND , its elected ano appointed officials, employees volunteers and agents from ally such action, claim, juIlgillellt, fille, penalty, or ordel• to pay. Con( ractorshall pay Any additional costs incurred by the City in defending such action or incurred As a result of such action. This indenllnificatlon Is In ndditiou to nuy Indemnification othe►-svise fu this Agrcelucllt. 10!12!16 Conltract r Signature Date r A/%24i~ 10!12116 P ject Mana ger Signature Date i S s r t 58 EXHIBIT E CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, , a corporation or partnership duly organized under the laws of the State of , and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, , a corporation or partnership duly organized under the laws of the State of , and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the CITY OF ASHLAND, Oregon, (OBLIGEE) the sum of Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the Garfield Water Park Construction Project , which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sure as liquidated damages within ten (10) days of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of 1200 _ Surety Principal Address Address By: By: Attorney -in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon. 59 1` XI)CO DAMAGES FORM r~a•~,~es ia~e to.t~~ Do IMUSeouw,ett BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDDER (Name and Address): Vitus Construction Inc. P. O. Box 1097 Gold Hill, OR 97525 SURETY (Name, and Address of Principal Place of Business): Developers Surety and Indemnity Company Five Centerpointe Drive, Suite 530 Lake Oswego, OR 97035 OWNER (Name and Address): Ashland Parks and Recreation Commission 1195 East Main Street Ashland, OR 97520 BID Bid Due Date: September 15, 2016 Description (Project Name- Include Location): Garfield Water Park Construction BOND Bond Number: N/A Date: September 15, 2016 Penal sum Ten Percent of the Total Amount Bid-- $10% of Amount Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Vitus Construction Inc. (Seal) Developers Surety and Indemnity Company (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: e! ~ - By: y , i2CG-c~ y Signature Signature (Attach Power of Attorney) Corey E. Vitus Gail A. Price Print Name Print Name President Attorney-in-fact Title Title Attest: - Attest: N/A Signature Signature Secretary/Treasurer Vicki Mather, Witness to Surety Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC• 0043S0, Bid Bond (Damages Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 PERFORMANCE BOND Thr, ndcrsi iced Vitus Construction, Inc. prIlwipril,•f]lliller refet •"d to in this a gi confrnclnr; and Developers Surety an Indemnity ompany , ms surety, further taferred to in this es Surelx, tom -jointly and severally bound u 012 QJ:Y OF ASHLAND as ghli ea further referred to in this bond s City, in the sum of Eight Hundred Fourteen Thousand Eight Hundred Twelve and 10/100ths Do11~ fS 814,812.10 1. Com(ac(or artily have enjorcd into a wrillen ggittracl dated /'_/-Z, f or h Ilowhi ect• Garflold2glereark onaction Projtgt. his wilra {~.arillar referre to in thus bond as the Coigmet mild ig incorm mtcd into lhis bond by this refcrcrtca Ili conditions of this band aro: 1. If oalrnctor faith Knerfonns the Contract in acco rdiince witllthe 1))ans, spccificntloins acid co ndilions of tli4 contract within the tinie prescribed Dy the Contract, m pmuired by 4RS 279C.380 shrourli 279-C.385. thgn this o IiLAtion it null and id; aditiyise h shall rerr in full forco hind effect, 2. If Gonimctor is declmred byQJ(y to be Indgfati t twdor the Cort raeL tlio Sttw shall niutly remedy, the defauil,._perform all ofContiac 's oblige ions under the contrac lit accordance witli its, terms and conditimis And p&y to City ail daina&as lit i are due hinder the Contract 3. 'rlij bond is sii&jcq to claims under QRS 2790.380 through 2790,390, 4. it is obligation jointly and soxgrally Mils Contractor mid Surely and their gjgCeltvc !heirs, executors, adtnitnist tors. successors. 5. Su ray waives nolicc madif c liar of the Con(mg gr extensiogof the Contract time, 6. jyQpnYmcnt of cite bond urcmi un slutll no invalidate iiiis bond. 7. 1hy bond Lumber and tite naMe address and telgphone number of the apenl nutliorized to mceivo n2liccs coxxxnihigthis band are as VIM. Dond Number: 759620P Bond Agent: Anchor Insurance & Surety, Inc. Address: 1201 SW 12th Ave., #500 Portland, OR 97205 Telephone: 503-224-2500 SIGNED this 4th day of October 2016. 60 PERCORMANO AUNT? EM -2 WITNESS: CONTRACTOR: Vitus Construction, Inc. By: 6. (Corporate Seal) Title: Legal Address: P. O. Box 1097 Gold Hill, OR 97525 Attest: Corpornia Secretary r NvI ss: By SURuTY: Develo e Surety and Indemnity Company (Corporate Seal) Vicki Mather X 31: Title: Gail A. Price, Attorney-in-fact Legal Addmss: Five Centerpointe Drive, Suite #530 Lake Oswego, OR 97035 Attesl: N/A Corporate Secretary 61 PAYMENT BOND Tfto undersig`t,ted Vitus Construction, Inc. .as orincipal furtlier rcfcrred to in this L. as Conic getorAnd Developers Surety and Indemnity Company W; SUrety, Millier, referred to in 1h lid ils rely are j0&qfl)Land ve l boon unt CITY OF ASAND its obli ce furt r f rred o In this bonds City, tho stmt Ei ht Hundred Fourteen Thousand Eight Hundred Twelve and 10/100ths_ Dollars 814,812.10 - Contractor and ' , have entered into a NYritten cgii1ract&t for lice following groieet• Gnrflekl Wnter Pprk Caistt•uctlon Project, This contract si father referred to in this bond as the Contract find is incorporated into [has bond by lhis refereiLc% Tim 'lions of this bond tilt: r c ~ritltial t ~ prescribsd Uy the Cant A_ et~d in olnu lv 1. If Contractor 11 rim the makes pavtnent to all claimants as defined itl Q RS 279C600 through 2790 620 then 111 s obli it ion is null wid void; otherwise It shall remain in full force and effect. 2, if Contractor is declared by City to be itt defatiht Finder the Contract t sty sIll promplly reiT nedv fliC defatill.perform all ofConintgtor'4 obligations undo Ill co latcL in accordatlce with ils terms eall-d conditions and pay to City all damages thrit r due under tho Contr e 3. This bond is subject to clahns under 415 279C.600 through 279C.620. 4. This oblientiou jointly and severally binds Contractor find Surety and their rosncctlve heirs, executor. administrators, till Cc essora. 5. Nurety kyaivsa notice o modification of the Contmcl or tension of the Con(mct time. 6. h lonpaylncnt of the bond premium shrill not invalidate Ills bond. 7. lle-bond munber arc) ils w n telephone iijullbtr of Ilia n authorlzed to e notices concerning this bond nre as follows: Bond Nntllber; 759620P Bond Agent: Anchor Insurance & Surety, Inc. Address: 1201 SW 12th Ave., #500 Portland, OR 97205 Telephone: 503-224-2500 SIGNED this 4 t-}, day of October 2016. 62 PAYMENT BOND 1'x&2 2 WITNESS: CONTRACTOR: Vitus Construction, Inc. By, (Corporate Seal) Titlo: Legal Address: P. O. Box 1097 Gold Hill, OR 97525 Attest: Corporate Secretary By~s SURETY: Devel pers Surety and Indemnity Company (Corporate Seal) Vicki Mather By. Title: Gail A. Price, Attorney-in-fact Legal Address: Five Centerpointe Drive, Suite 530 Lake Oswego, OR 97035 Attost: N/A Corporate Secretary 63 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (49) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND IND!IIMINITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Brent Olson, Richard W. Kowalski, Gail A. Price, Vicki Mather, Philip 0. corker, Gloria Bruning, J. Patrick Dooney, Joel Dietzman, Christopher A. Reburn, Karen A. Pierce, Ray M. Paiement, Tami Jones, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behaii of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform ,very act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution a'id relocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the follo,,ving r sei , ii ors adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of J antary RESOLVED, that a combination of any two of the Chairman of the Board, the President, r_x ve Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney; quaiizyk-_ attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any s iota,,:: of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Parr or Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding !.apon the i',)oraiions when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and IND- .1NITY I iY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day ctAp, i', 2016. By: /•1 ~ pN OtiC. ?ANY D~ Daniel Young, Senior Vice-President C~ :GORPO" •;;_e' O 01ppa~T ce t OCT. OCT,5 -n 1 936 tU 1967 7J B: 6 o Mark Lansdon, Vice-President p A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthft:lness, accuracy, or validity of that document. State of California County of Orange On April 18, 2016 before me, Lucille Raymond, Notary Public _ Date Here Insert Name and Title cf the Officer personally appeared Daniell Youn alai ;,au. k Lansdon Nea~rei's} , ga(s) who proved tone en the ba _:a of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within irlCtrumnent and wknowledged to me that he/she/they executed the same in his/her/their authorized capar tyuesl; [ , that Lv r ne eir signature(s) on the instrument the persons}, or the entity upon behalf of LUCILLE RAYMOND which the c'rs r(s, ac„ &J, ed the instrument. _ Commission 2081945 Notary Public I certify under i' NALTY OF ~i~FrJIJRY under the laws of the State of California that the foregoing paragraph is Orange County true rand correct, My Comm. E ices Oct 13, 2018 A . WITNESS my hand aid off; _ sisal. Place Notary Seal Above Signature Lucille flay ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AMID INDEi'\1,.1"TY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, fJrthermce, that the provisions of the resolutions of the respective Eoards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certi~iic. lle. pfi This Certificate is executed in the City of Irvine, California, this 4th day of October AN INS.. p~?ANY GO R4T'., OVROR C-j OCT. < U 'T. 5 a it By: 10 0- ' = o = w 1967 Cassie J. rrisford, Assistant Se #tary o~°:. s s s a ID-1380 (Rev. 04/16) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S Project No. 000060 Project No. N/A Project: Garfield Water Park Construction Project CONTRACTOR Vitus Construction, Inc. Contract For Garfield Water Park Construction #000060 Contract Date 9/22/16 This Certificate of Substantial Completion applies to: 0 All Work under the Contract Documents, or ❑ To the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OI: SUBSTANTIAL COWLL•TION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall be as follows: Security ❑ City ❑ Contractor Operation ❑ City ❑ Contractor Safety ❑ City ❑ Contractor Maintenance O City ❑ Contractor Heat ❑ City ❑ Contractor utilities ❑ City ❑ Contractor Insurance 0 City CI Contractor Warranties ❑ City ❑ Contractor 64 Other Responsibilities- city Contractor This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, no]* is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: , By: CITY accepts this Certificate of Substantial Completion on: By: CITY OF ASHLAND File: 65 e a EXHIBIT G CERTIFICATE OF COMPLIANCE CIP Number: Contractor: Vitus Construction, Inc. I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the above work, and that: 1. If required by law, not less than the prevailing rates of wages have been paid to laborers, workmen and mechanics employed on this work. 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or others (ORS 279C.530) have been paid. 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has repotted to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: Vitus Construction, Inc. By: Corey E. Vitus Date: 1Wz-?1Ae Tltle: President 66 EXHIBIT H CONTRACTOR'S RELEASE OF LIENS AND CLAIMS [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: CITY OF ASHLAND 20 East Main Street ASHLAND, Oregon 97520 FROM: Vitus Construction, Inc. PO Box 1097 Gold Hill, Oregon 97525 PROJECT: Garfield Water Park Construction #000060 In connection with our request for final payment for the above project, 1, Corey E. Vitus , hereby state that: all subcontractors and suppliers on this project have been paid in full, all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid, and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. Furthermore, I agree to indemnify and hold harmless CITY OF ASHLAND from any and all claims for labor or materials furnished under the contract for the above project. SWORN STATEMENT 1 hereby certify, under penalty of perjury and false swearing, that the foregoing statements are true and correct. Dated this day of , 20 . Contractor: By: Title: STATE OF OREGON ) ss. County of ) Oil this day of 120 , before me personally appeared , whom I know personally whose identity I proved on the basis of whose identity I proved oil the oath/affinnation of a credible witness to be the signer of the above document, and lie/she acknowledged that }re/she executed the same under oath/affirrnation. Notary Public for Oregon 67 EXHIBIT I CERTIFICATE OF FINAL COMPLETION Project Number: 000060 Project: _ Garfield Water Park Construction Project Contractor: Vitus Construction, Inc. Contract Signed: 9/22/16 Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications. Contraclor Title Dale The City has determined the project is 100% complete in compliance with all contract documents. Inspector Si(pe)Wso►- Dale Project Manager Date CITY OF ASHLAND Title Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 68 EXHIBIT J INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and CITY OF ASHLAND in the CITY OF ASHLAND. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 2. EEO AFFIRMATIVE ACTION Bidders must comply with the CITY OF ASHLAND Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. 3. BID PROVISIONS a. Each bid must contain a completed Bid including the following: A. A Bid and Schedule of Prices. B. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. C. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with. D. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. E. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. F. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. G. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. H. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. 1. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). J. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. K. Certification: Non-discrimination (in proposal) L. Certification: No Conflict of Interest (in proposal) M. Certification: Not ineligible for CITY OF ASHLAND Contracts [OAR 137-049- 0230] (in proposal) b. The City will mail addenda and will publish notice of any addenda on City's website at: www.ashland.or.us The addenda may be downloaded or picked up at the City CITY OF ASHLAND Office located at 340 S Pioneer, 69 Ashland Oregon, 97520. Check the website frequently until closing. Addenda to the Contract Documents shall be mailed to potential Bidders that have obtained a copy of the Contract Documents. C. No bid will be received or considered by the CITY OF ASHLAND unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml. d. Each Bidder must identify in the Bid whether the Bidder is a "resident bidder" as defined in ORS 279A.120. e. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement. f. No bid for a construction contract shall be received or considered by the CITY OF ASHLAND unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. h. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370; OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2) working hours after bid closing: 1) The subcontractor's name, 2) The dollar value of the subcontract, and 3) The category of work that the subcontractor would be performing. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360). i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the CITY OF ASHLAND), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. 70 All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100% of the Contract Price; C. Furnish proof of CITY OF ASHLAND bond filed with BOLI; and D. Furnish the required Certificates of Insurance. Upon the execution and delivery to the CITY OF ASHLAND of the Contract and Performance Bond and Payment Bond and furnishing proof of a CITY OF ASHLAND bond filed with BOLI by the successful bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten (10) working days of the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract -and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same call for bids, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. k. The Bidder, in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract, that every subcontractor will not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PRE-BID CONFERENCE AND PREQ UA L IFICA TION OF BIDDERS If a pre-bid conference is scheduled, notice will be provided in accordance with OAR 137-049-0200(1)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(1)(a)(C).].[ORS 279C.365(1)(c)] Bidders, including sub-contractors must be pre-qualified with the CITY OF ASHLAND to perform the type and size of work contemplated herein. Prequalification for the work shall be on file with the City at the time of bid opening. Pre-qualification requirements are set forth in the Notice to Contractors /Invitation to bid and Section 00120 of the General Requirements. Bids from Contractors who have failed to pre-qualify shall be rejected. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450, and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to CITY OF ASHLAND Ordinance and accompanying Fee Resolution ) 5. FORM OF BID A. Bids shall be submitted in sealed envelopes to: Mailing Address: Jason Minica, Project Manager Ashland Parks and Recreation Commission 71 1 195 East Main Street Ashland, Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Garfield Water Park Construction Project September 15, 2015 The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the B id is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids C. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected. D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Lithia Park Administration Office Department / CITY OF ASHLAND Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel, marked as "Rejected as Late Bid" and will be returned, unopened, to the submitted. 7. INTERPRETA TION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Project Manager. The City will investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at least ten (10) days, unless otherwise specified, before the scheduled closing time for submission of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued to all known specification holders. 72 Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the ORPIN website; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA A. Prior to submitting a bid, it is the responsibility of each Bidder to: 1. Examine the plans, specifications and contract documents thoroughly. 2. Become fully informed as to the quality and quantity of materials and the character of the work required. 3. Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. 4. Consider all federal, state and local laws, ordinances, rules and regulations that may affect cost, progress, or performance of the work, including environmental and natural resource ordinance and regulations 5. Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. 6. Study and correlate the Bidder's observations , especially as regards site conditions with the Contract Documents. 7. Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents. B. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences, by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary. C. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. D. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. E. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the invitation to bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these bid documents. F. Notice: It is further understood that a bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the contract or contract Special Provisions and if such conditions are not satisfied may result in termination of the contract. 73 9. FAMILIARITY WITH LA WS AND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. B. No person may engage in any business within the City without first obtaining a City business license and paying the fee prescribed pursuant to CITY OF ASHLAND Ordinance. The Contractor and their subcontractors shall obtain a CITY OF ASHLAND business license prior to beginning any work within the CITY OF ASHLAND. 10. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. C. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read "In Place." 11. WITHDRAWAL, MODIFICATION OR ALTERATION OF BID A. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. The bid will be irrevocable until such time as the City: • Specifically rejects the bid, and • Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the bid opening. B. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to Owner will prevail. C. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not awarded a contract. 12. MISTAKES IN BIDS (1) To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. (2) Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the City discovers certain mistakes in a Bid after Opening, but before award of the Contract, the City may take the following action: (a) City may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: 74 (A) Return the correct number of Signed Bids or the correct number of other documents required by the Solicitation Document; (B) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (C) Acknowledge receipt of an Addendum to the Solicitation Document, provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. (b) City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices shall prevail over extended prices. (c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (A) The nature of the error; (B) That the error is not a minor informality under this subsection or an error in judgment; (C) That the error cannot be corrected or waived under subparagraph (b) of this subsection; (D) That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (E) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (F) That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw the Bid; (G) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents; and (H) That the Bidder promptly gave notice of the claimed error to the City. (d) The criteria in subsection (c) above shall determine whether a City will permit a Bidder to withdraw its Bid after Closing. These criteria also shall apply to the question whether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond (or other bid security), or without liability to the City based on the difference between the amount of the Bidder's Bid and the amount of the contract actually awarded by the City, whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation. (3) Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid, i.e., documents submitted with the Bid. 13. REJECTION OF BIDS A. The City may reject any bid upon a finding that the Bid meets the criteria specified in OAR 137-049- 0440(1)(a) or (b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed contract is not abandoned, new bids may be called for as in the first instance. The City may, at its own discretion, waive minor informalities. 75 B. This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the CITY OF ASHLAND. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a "Power of Attorney" must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise, the Bid will be rejected as irregular. More than one Bid from an individual, firm, partnership, corporation, or combination thereof with an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof, is interested. If there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 14. BID PROTEST. [OAR 137-049-0260]. Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten (10) calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests shall be marked "Contract Provision Protects or Request" with the Bid Number and Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated (itemized bid) or bid (lump sum) by Contractor at $1,000,000 or more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether or not a specific bid item is provided therefore) that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. 76 This page intentionally left blank 77 Attachment A CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the CITY OF ASHLAND to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms, or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECA USE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECA USE OF DISABILITY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: 78 A. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and are permitted to remain under the provisions of the Oregon State Structural Specialty Code; or B. A program or activity, viewed in its entirety, is readily accessible to and usable by persons who are physically or mentally disabled. C. The purpose of the program, service, or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical, psychological, mobility, social or economic needs of persons so disabled. 5. DISCRIMINATION BECAUSE OF ACE With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must, by law or ordinance, be performed by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service, facility, or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws, ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition, judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability" and "handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor, and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act, policy, or practice. The Contractor must, at his own risk and expense, comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts, policies, or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL 79 A. In all advertising, postings, and promotional material relating to hiring, the Contractor shall include the following statement: Vitus Construction is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal Opportunity Employer". B. In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the CITY OF ASHLAND, the Contractor shall include the following statement: "This employer is open to all persons without regard to race, religion, color, national origin, sex, age, marital status. handicap or political affiliation. For further information about this equal opportunity policy, contact Corey E. Vitus at 541-855-7177 8. RETALIATION ti The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged with the CITY OF ASHLAND, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least sir months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the CITY OF ASHLAND where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the CITY OF ASHLAND and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved person, be cause for termination of the Contract, debarment from participation in future CITY OF ASHLAND contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority-owned businesses, etc. If there are such additional requirements beyond this policy, the invitation to Bidders or Request for Proposals will state: "This project is funded in whole or in part through the City_ of Ashland. Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." 80 81 SEE ATTACHMENTS FOR DRAWINGS AND PLANS SPECIAL PROVISIONS CUT SHEET AND SUPPLEMENTARY INFORMATION BID SCHEDULE 82 VALDEZ PRINCIPLES By endorsing these Principles, we publicly affirm our belief that the CITY OF ASHLAND, Oregon, has a direct responsibility for the environment. We believe that we must conduct the public's business as responsible stewards of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the City must not compromise the ability of future generations to sustain their needs. We recognize this to be a long term commitment to update our practices continually in light of advances in technology and new understandings in health and environmental science. We intend to make consistent, measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in a manner consistent with our other obligations under law. 1. Protection of the Biosphere. 6. Safe Products and Service. We will minimize and strive to eliminate the We will provide services that minimize adverse environmental release of any pollutant that may cause impacts and that are safe for consumers. We will inform environmental damage to air, water or earth or consumers of the environmental impacts of our service. its inhabitants. We will safeguard habitats in creeks, ponds, wetlands, natural areas and will 7. Damage Compensation. minimize contributing to global warming, We will take responsibility for any harm we cause to the depletion of the ozone layer, acid rain or smog. environment by making every effort to fully restore the environment and to compensate those persons who are adversely 2. Sustainable Use of Natural Resources. affected. We will make sustainable use of renewable natural resources, such as water, soils and 8. Disclosure. forests. We will conserve nonrenewable natural We will disclose to our employees and to the public incidents resources through efficient use and careful relating to our operations that cause environmental harm or pose planning., We will protect wildlife habitat, open health or safety hazards. We will disclose potential spaces and wilderness, while preserving environmental, health or safety hazards posed by our operations, biodiversity. and we will not take any action against employees who report any condition that creates a danger to the environment or poses 3. Reduction of Disposal of Waste. health and safety hazards. We will minimize the creation of waste, and wherever possible, recycle materials. We will 9. Environmental Directors and Managers. dispose of all wastes through safe and At least one member of management will be a person qualified to responsible methods. represent environmental interests and will commit management resources to implement these Principles. 4. Wise Use of Energy. We will make every effort to use 10. Annual Assessment. environmentally safe and sustainable energy We will conduct and make public an annual self-evaluation of sources to meet our needs. We will invest in our progress in implementing these Principles and in complying and promote energy efficiency and conservation with all applicable laws and regulations. in our operations and that of our citizens. 5. Risk Reduction. We will minimize the environmental, health and safety risks to our employees and the communities in which we operate by employing safe technologies and operating procedures and by being constantly prepared for emergencies. 83 Ashland Parks and Recreation Commission Garfield Water Park Construction Project Project 000060 PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALI, IN ACCORDANCE WITII THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, 1195 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER Vitus Construction, Inc. CONTACT Corey Vitus ADDRESS PO Box 1097 CITY Gold Hill STATE OR Zip 97525 TELEPHONE NO. 541-855-7177 FAX NO. 541-855-7520 EMAIL ADDRESS Corey@vitusconstruction.com In response to competitive bidding, this PROPOSAL. is submitted as an offer by the undersigned to enter into a contract with the CITY OF ASHLAND for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction of the Garfield Water Park Construction Project (hereinafter "Project") for the CITY OF ASHLAND, Oregon, as shown in the contract documents on file at The Grove, which area condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the CITY OF ASHLAND to the terms and prices herein submitted. 1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents, project work, site, locality, general nature of work to be performed by City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The CITY OF ASHLAND reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and 24 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Brent Olson, Richard W. Kowalski, Gail A. Price, Vicki Mather, Philip O. Forker, Gloria Bruning, J. Patrick Dooney, Joel Dietzman, Christopher A. Reburn, Karen A. Pierce, Ray M. Paiement, Tami Jones, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April, 2016. AND gy. 4pANYO ....................'ti'OF'' ~O ~c Daniel Young, Senior Vice President .1i0RPOf4rFy 0p4aR4 OCT. w = 0 CT.5 a =n n 1 Q c~ o iO 1936 O ° 1967 :yam: ~ By: 41FO Mark Lansdon, Vice-President O * A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On April 18, 2016 before me, Lucille Raymond, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. _ Commission 2081915 a , 2~' Notary Public • California. z I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 2 D Z 9 Orange County true and correct. My Comm. Ex Tres Oct 13, 201$ WITNESS my hand and official seal. Place Notary Seal Above Signature r Lucille flay ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ~D ND PANY This Certificate is executed in the City of Irvine, California, this /s day of . . . . . . . . . . . . . . . . . . . . . . . y J~`aRPORyT"•,F?~"' AG QpPO/~T 9 Cr _ OCT. Z -n OOCT. 5 By.. = w 10 , 1967 -a = 0', 0 - Cassie JVi sistant Se tary 1936 _ > = o ~0W P aa, _ 9 ID-1380 (Rev. 04/16) gyp... 1.,.'k..,., ~a t••ti;t Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: None. a. The deadline to file a written protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. All of the contract documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the CITY OF ASHLAND, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as pant of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: • Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contract; • Certificates of Insurance for Liability and property damage coverage; • Certificates of Coverage for Workman Compensation and unemployment insurance; • All other bonds, permits, licenses, etc. as required in the contract documents. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHMULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. The City reserves the right to reject any and all 25 bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. 13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of ten percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon Act requirements. "Prevailing Wage Rates for CITY OF ASHLAND Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: http://www.oregon.gov/13OLI/WHD/PWR/pwr-book.shtmi 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the CITY OF ASHLAND which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the sum of $81,756.40 , payable to the CITY OF ASHLAND, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in • the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the CITY OF ASHLAND. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 2790.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(l)(a)(J)]. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137- 049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the • undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within 30 working days after receipt of the written Notice to Proceed. City and Contractor will set start date within this time period. 26 • The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the calendar dates stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below. The Bidder is X or is not a resident Bidder as defined in ORS 279A.120. 24. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the CITY OF ASHLAND is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms; 25. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud 26. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and Will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)] 27. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not anticipated in this contract. 28. The CITY OF ASHLAND may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 29. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 30. The bidder understands that the City reserves the right to make changes to the Notice to Contractors IInvitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will not mail notice of addenda but publish notice of any addenda on the ORPIN website. The bidder must check the ORP1N website frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER THROUGH .2 HAVE BEEN REVIEWED 31. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 27 32. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 2790.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: • The subcontractor's name and address; • The subcontractor's Construction Contractor Board registration number, if one is required, and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the form. Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Notice to Contractors/Invitation to Bid. 33. Bidder Information and Signature Vitus Construction, Inc. Firm Name of Bidder Signature of Bidder Corey E. Vitus Printed Name of Bidder President Official Title Oregon 63643 State of Incorporation CCB Number Dated this 22nd day of September 2016. Name of Bidder Vitus Construction, Inc. Address PO Box 1097, Gold Hill, Oregon 97525 Telephone No. 541-855-7177 28 Bid Schedule GARFIELD WATER PARK PROJECT City of Ashland Parks & Recreation 6/28/2016 Part:Q02h0° ~~e or2.y a' u .ea' p.u .t nail 'e r. Item Quantity it Unit Price {Fig.) Extended Amount Mobilization, move in of equipment and materials per 1 APWA/ODOT Sec 00210. Installed, complete. 1 LS $12,000.00 $ 12,000.00 Work Zone'Traffic Control, provide materials, equipment and labor per Special Provisions Sec. 225, 2 installed complete 1 LS $4,790.00 $4,790.00 Temporary Fencing, Install materials, labor and all incidentals for all temporary construction fencing and 3 tree protection fencing as shown on plans 1400 LF $ 5.00 $7,000.00 Temporary Restrooms, Install and maintain handicap accessible restrooms and hand wash station for the 4 duration of the construction 2 EA $ 3,235.00 $ 3,235.00 ;Pa 0 00o d o '-A r' - - Removal of Structures and Obstructions, per approved plans and APWA/ODOT Sec. 00310, including but not limited to all pathways, existing splash pad, equipment, 5 basketball posts, courts, walls, etc. 1 LS $8,955.00 $8,955.00 Clearing and Grubbing, per approved plans and APWA/ODOT Sec. 00320, including but not limited to all trees marked for removal, stump grinding where necessary, and removal of all loose softened/organic 6 materials 1 zS $2,600.00 $2,600.00 General Excavation, APWA/ODOT Sec. 00330 and including but not limited to grading as shown on 7 approved plans 1 LS $5,115.00 $5,115.00 Page 1 GarfieldParkBid.xlsx 0" 00?`Dra n1ge=:a ewe"~' - u. :ytei ?d'xi - xr Trench Drain, install materials, labor and all incidentals per approved plans, including connection to existing 8 storm drain 1 LS $58,575.00 $58,575.00 Area Drain For Foot Wash, install materials, labor and all incidentals per approved plans, including connection 9 to existing sanitary sewer 2 EA $3,295.00 $6,590.00 Irrigation Sleeves, provide materials, equipment and labor to install 3" PVC 3034 sleeves as shown on 10 approved plans 350 LFi $ 8.75 $ 3,062.50 -q e z"3 Retaining Wall for Volleyball court, Cast-in-place concrete footing and 8" stem wall per Ace Engineering detail 1./S2, as shown on approved plans, including 11 Structural Excavation and Backfill. 345 LF $162.00 $55,890.00 NOMMINNTP V! -11' a ,0 „OOINea S- rl~". ces y w -M I 4" thick Concrete Patio/Pathways, (Including, but not limited to minimum leveling base course of 6" of 3/4"-0" gravel and 6" beyond edge) per Detail 4 L-5.0, approved 12 plans and APWA/ODOT Sec. 00759. Installed complete. 6000 SF $ 7.00 $42,000.00 Concrete Thickened Edge, per Detail 1 L-5.0, approved plans and APWA/ODOT Sec. 00759. Installed along 13 existing playground, complete 42 LF $15.00 $ 630.00 Concrete Sfafrs, Cast-in-place concrete stairs'pe Ace Engineering detail 2/S2, as shown on approved plans, 14 Including Structural Excavation and Backfill. 1 IfA 1$4,905.00 $4,905.00 Concrete Ramp, Cast-in-place concrete ramp per Ace Engineering detail 3/S2, as shown on approved plans, 15 Including Structural Excavation and Backfill. 1 EA $ 3,645.00 $3,645.00 4" thick Splash Pad Concrete, Including, but not limited to minimum leveling base course of 6" of 3/411-0" crushed rock, wire mesh, per Detail 5/L-5.0, approved 16 plans and APWA/ODOT Sec. 00759. Installed complete. 1630 SE $10.50 $17,115.00 Page 2 GarfieldParkBid.xlsx 4" thick Splash Pad Concrete Border, Including, but not limited to minimum leveling base course of 6" of 3/4"-0" crushed rock, per Detail 5/L-5.0, approved plans and 17 APWA/ODOT Sec. 00759. Installed complete. 1400 SF $10.25 $14,350.00 Splash pad Concrete Seat Wall, Including, but not limited to 6" base course of 3/4"-0" crushed rock, footing drain, drain rock, etc., per Detail 3/L-5.0, approved plans and 18 APWA/ODOT Sec 00759. Installed complete. 175 LF $ 125.00 $21,876.00 P QQO tt=.D 3V1► =b o en t- no Col:- Seeding, Lawn, approved plans, and APWA/ODOT Sec. 19 01030. Installed, complete. 1 LS $6,760.00 $6,7'60.00 Shrubs/Ground Covers, 5 Gallon Container, per Detail 1/1- 6.0, Per approved plans and APWA/ODOT Sec. 1040. 20 Installed, complete. 47 EA 1$42.00 $1,974.00 Shrubs/Ground Covers, 1 Gallon Container, per Detail 1/1- 6.0, Per approved plans and APWA/ODOT Sec. 1040, 21 Installed, complete. 204 IAA $15.65 $3,192.60 Shrubs/Ground Covers, Flats a@2' OC, per Detail 1/L 6.0, Per approved plans and APWA/ODOT Sec. 1040. 22 Installed, complete. 625 SF $3.50 $2,187.50 Topsoil, per approved plans, and APWA/ODOT Sec. 23 01040. Installed, complete. 1 LS $24,265.00 $ 24,265.00 Planting bed prep, per notes on 1-6.0 approved plans, 24 and APWA/ODOT Sec. 01040. Installed, complete. 1 . LS $15,900.00 $15,900.00 Bark Mulch, approved plans, and APWA/ODOT Sec. 25- 01040. Installed, complete. 1 LS $ 2,900.00 $ 2,900.00 _L s - -~~.t3 ru~» ..I _ .rM•,i `X-y...a r 'ter.:-... z: Bike Repair Station, per approved plans, and Special 26 Provisions Sec. 01095.10. Installed, complete. 1 EA $2,508.00 $2,508.00 Page 3 Garfie(dParkBid.xlsx Splash Pad, per approved plans, and Special Provisions Sec. 01095.20. Including, but not limited to all excavation, concrete footings, backfill, hardware, fittings, nozzles, piping, wiring, accessories, splash pad water management, water containment system and finishes 27 required. Installed, complete. 1 LS $ 260,300. 00$260,300-00 Basketball Court Asphalt Pavement, per approved plans and Special Provisions Sec. 01095.30. Including, but not limited to installation of curbing, 3/4"-0" aggregate base course, 2 lifts of 1-1/2" asphalt concrete. Installed, 28 complete. 1 LS $ 20,510.00 $20,510.00 Basketball Court Surfacing, per approved plans and Special Provisions Sec. 01095.40. Including, but not limited to, patch binder, court surface and paint. 29 Installed, complete. 1 LS $55,000-00 $55,000.00 Basketball Hoops and Poles, per approved plans. Including, but not limited to, footings, poles, back boards 30 and hoops. Installed, complete. 2 EA $4,800.00 $9,600.00 20'x20' Shade Structure, per approved plans and Special Provisions Sec. 01095.50. Including, but not limited to, labor and materials for footings, columns, frame, roofing 31 and paint. Structure complete. 2 EA $14,360.00 $28,720.00 15'x20' Shade Structure, per approved plans and Special Provisions Sec. 01095.50. Including, but not limited to, labor and materials for footings, columns, frame, roofing 32 and paint. Structure complete. 1 EA $10,925.00 $10,925.00 10' Fixed Shade Structure, per approved plans and Special Provisions Sec. 01095.50. Including, but not limited to, labor and materials for footings, Fiji model 10' (or approved equal), brown roof, and yellow poles. 33 Structure complete. 3 EA $12,445.00 $ 37,335.00 Volleyball systems, per approved plans. Including, but 34 not limited to, footings, poles, nets. Installed, complete. 2 EA $2,825.00 $ 5,560.00 4" Volleyball Sand, per approved plans. Installed, 35 complete. 100 CY $ 39.00 $3,900.00 Bottle Filler, per approved plans. Installed with drain, 36 complete. Page 4 GarfieldParkBid.xlsx 2 EA $6,335.00 $12,670.00 Foot Wash, per approved plans (MDF 525SM or equal). 37 Installed, complete. 1 EA $ 4,660.00 $ 4,660.00 Foot Wash H/C, per approved plans (MDF 564SM or 38 equal). installed, complete. 1 EA $6,875.00 $6,875.00 46" Square Tables, Perforated Pedestal SM, per approved plans (Site Amenities T46PERFPEDSM or 39 equal), Installed, complete. 8 EA $1,305.00 $10,440.00 oun Tables, ega a esta , per approve pans (Site Amenities T46RACSPEDSM or equal). Installed, 40 complete. 6 EA $1,445.00 $ 8,670.00 8' Table, Regal Web SM, per approved plans (Site 41 Amenities T8WEBHDCP or equal). Installed, complete. 1 EA $ 2,470.00 $ 2,470.00 8' Benches, Perforated 4" SQ Legs SM with back, per approved plans (Site Amenities B8WBPERF4-4SM or 42 equal). Installed, complete. 4 EA $ 990.00 $3,960.00 9W 94,4-- yp. Tp - a e > p >:yy - - -K 1/2" Supply Line, per approved plans, local plumbing 43 code and APWA/ODOT Sec. 01100. Installed, complete. 400 EF $ 11.00 $4,400.00 it v.Part P0200 Temporary Features and Ap"pur~enances $ 27,025.00 Part 00300 Roadwork\y; t _ ;r r 16,670.00 Part 00400 Drainage and Sewers ; 67,687.50 Part 00500 tiBridges - yl -t., - - j '7_' 55,890.00 Part 00700 Y~ l s c x Wearing Surfaces 104, 520.00 Part 01000 Right Of Way Development and Contr`al - $ 57,179.10 Part 01095 Site Furnishings a $ 484,193.00 Part 01100 Water Supply Systems~<~~` $ 4 400.00 SUM OF EXTENED TOTALS $ 817, 564.60 Page 5 GarfieldParkBid.xlsx gill, 181 0-0 Contractor Signature: Date: •~Y- Page 6 GarfieldParkBid.xfsx CITY OF ASHLAND GARFIELD WATER PARK CONSTRUCTION PROJECT PRE ALIFICATION. APPLICATION Submit application to: Ashland Parks &Ree Commission, Attention: Jason Minica RecelptDate ,rrdal. 1195 East Main St, Ashland, Oregon, 97520 Phone (541) 488-5340 RaeeirW st.rnp Fax (541) Web Site: www.ashland..onus/ Valid A. Date: September 12, 2016 Through: Project Duration B. Application of Vitus Construction, Inc. Legal Business Name (Complete Section 9) Assumed Business Name(s) (Complete Seetlon 6) List previous business names of your organization: C. Business Structure (Check one): F. Purpose of Application (Check Box): ❑ Individual Sole Proprietorship Garfield Water Park Construction Project #000060 ❑ General Partnership CK] corporation ❑ S Corporation (SC) ❑ Limited Partnership (LP) Limited Liability Company (LLC) ❑ Limited Liability Partnership (LLP) D. ❑ Joint Venture E. Address: (Required) Physical address, city, state, zip (for courier use) 1912 Second Avenue, Gold Hill, Oregon 97525 Mailing address, city, state, zip PO Box 1097 Gold Hill, Oregon 97525 Phone 541-855-7177 Fax 541-855-7520 E-mail corey@vitusconstruction.com Contact person Corey E. Vitus (Company a-mall where Important notices should be sent) 24 Hour Contact Phone 541-821-7403 CCB# Ashland Business 63643 License # BL-002995 Please Note: The signature on the Affidavit located on Page 20 must be notarized. 13 Introductory Statement: In accordance with the statutes of the State of Oregon, every public contracting agency contemplating receiving bids for and awarding any contract for a public improvement may require any prospective bidder (herein referred to as applicant) to submit a full and complete statement concerning their equipment and experience in constructing or repairing public improvements. The CITY OF ASHLAND requires prequalification under OAR Chapter 734, Division 10, OAR 731-005-0025 and ORS 279c.430-.450 and is the public contracting agency in this instance utilizing this prequalification application and prequalification process. Further references to "public contracting agency" throughout this application are intended to be references to the CITY OF ASHLAND. The application and questionnaire forms which are bound herewith comply with the requirements of public contracting rules and must be used in determining the qualifications of applicants and in assigning limits as to the size and kinds of projects for which the applicant may submit bids. The applicant should use care and integrity in preparing this information. The public contracting agency may make independent inquiries concerning the contractor's past performance and capabilities. Manner of Preparing and Filling in Forms: This application shall include equipment and experience information for only the specific single business organization or entity which is applying for prequalification and which would be the signatory on a contract with the public contracting agency. All answers and other entries on the forms, except signatures, should be filled in on a typewriter or printed. To make this possible, the forms may be taken apart by removing the staples by which they are bound. It is the responsibility of the applicant to return all pages whether applicable or not. Failure to do so maybe grounds for rejection. All answers and entries must be specific and complete in detail. In addition, the prequalification application must be signed by the applicant and sworn to as the form indicates. The signatory of the statement guarantees the truth and accuracy of all statements and of all answers to questions. The original signed application must be sent to the Public Contracting Agency. Photocopy or fax signatures will not be accepted. OAR 734-010-0240 (2) Prequalification applications must be received at CITY OF ASHLAND's address shown in the prequalification application at least 5 calendar days before the bid opening in which the applicant wishes to participate. OAR 734-010-0240 (4) The date on which all required information has been received by CITY OF ASHLAND Procurement Office - Construction will be considered the receipt date of the prequalification application. Use of Attachments: Schedules, reports and other forms of prequalification statement may be used as attachments to the prescribed form, provided that the information contained therein specifically includes the information required by this form. Place of Submission and Time of Submission: Prequalification applications shall be submitted by mail or delivered to the Community Development Engineering Services Building located at 51 Winburn Way, Ashland OR 97520. Mailing address: 20 East Main Street, Ashland OR 97520. Prequalification applications may be submitted Monday through Friday, 8:00 AM to 4:30 PM. Appeal Due to Denial or Revocation of Prequalification: In case the applicant's application for prequalification is denied or in case an existing prequalification is revoked, the applicant may appeal the denial or revocation in accordance with the rules adopted by the Department of Administrative Services or the appropriate local contract review board. Notification of Action Taken: The applicant will be notified, in writing, of the action on their application. Applicant will then be allowed to bid on such projects or take out permits as are within the limits of size and kind of work for which applicant has been declared qualified. Wpub-wrkslenglOlA Blank FormslContractor Prequalification Application Form 2015-17 Page 2 Revised May 2015 Period Durinq Which a Qualified Applicant Remains Qualified: An applicant who has been notified of prequalification for projects of a given size and kind will usually remain qualified until the date specified in the notification. The public contracting agency may limit prequalification approval to individual public improvement projects. Unless such applicant is otherwise notified by the public body the applicant will be permitted to submit bids for any and all projects of said kind and size for which bids are to be received. The public body may from time to time require new or revised prequalification applications and have them approved prior to allowing a bid. Requirement of Continuing Prequalification: Applicants who have once been qualified with an agency requiring prequalification and who desire to maintain an uninterrupted prequalification standing are required to submit a new application yearly (September 1St to August 31St cycle) as required by such agency. Uninterrupted prequalification is contingent upon favorable action on the application. A prequalification may be revoked anytime under the provision of ORS 279C.430. Changes: Major changes must be submitted with a new prequalification application. Minor changes may be submitted by addendum to the public contracting agency. Minor changes include, but are not limited to: address, company name, adding, or deleting classes of work. Any change to an applicant's prequalification application must be received at the CITY OF ASHLAND's address shown in the prequalification application at least 5 days prior to bid opening if that information affects the bid submitted. Any changes requested by the applicant must be submitted and signed by the same person who signed the original application or by a person holding the same position as the person who signed the original application (OAR 734-010-0240 (10). Contact the Public Contracting Agency for specific procedures when there are changes to the information submitted in the application. Requests for revision of the prequalification standing of any applicant will be considered whenever the applicant can make a showing of materially improved ability, but not more often than once in three months. With or without a request from a prequalified applicant, the prequalification limitation on class of work or size of project MAY be reviewed and expanded, increased or decreased as found appropriate. The prequalified applicant will be notified in writing of any such revision. Jurisdiction: ORS 279C.430 (2) states: When a contracting agency permits or requires prequalification of bidders, a person who wishes to prequalify shall submit a prequalification application to the contracting agency on a standard form prescribed under subsection (1) of this section. Within 30 days after receipt of a prequalification application, the contracting agency shall investigate the applicant as necessary to determine if the applicant is qualified. The determination shall be made in less than 30 days, if practicable, if the applicant requests an early decision to allow the applicant as much time as possible to prepare a bid on a contract that has been advertised or to take out a permit that has been applied for. In making its determination, the contracting agency shall consider only the applicable standards of responsibility listed in ORS 279C.375 (2)(b). The agency shall promptly notify the applicant whether or not the applicant is qualified. Nonresident Bidders: ORS 279A.120 (3) states: When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract. The form referred to is the Application for Final Payment Release. It is available for download from the Department of Revenue web site at: http://Www.oregon.gov/DOR/BUS/docs/102-050.pd f NOTICE: APPLICANT MUST ANSWER ALL SECTIONS AND QUESTIONS IN THIS APPLICATION. FAILURE TO DO SO WILL RESULT IN THE APPLICATION BEING RETURNED TO THE APPLICANT FOR COMPLETION. Wpub-wrksleng\01A Blank FormslContractor Prequalification Application Form 2015-17 Page 3 Revised May 2015 CITY OF ASHLAND WORK AND PERMITTING INFORMATION All contractors performing work in the Public Right-of-Way whether under contract or by permit, must have an approved and current Contractor's Prequalification form on file with the Public Works Department of the City of Ashland. The contractor must be pre-approved to perform the work for which they are bidding/applying before a contract will be entered into or a permit will be issued. Any Contractor or Subcontractor applying for Prequalification must have a current CCB license in good standing as well as an active City of Ashland business license. In the event that the entity actually performing the work is to be a Subcontractor, the General Contractor must fill out any necessary permit application form(s) stating that a Subcontractor will be employed. The General Contractor shall specify the name of the Subcontractor and list the Sub's CCB license number on the permit application form. The Subcontractor must also be pre-qualified to perform work in the Public Right-of-Way. Contractor Evaluation: The City of Ashland will regularly evaluate the performance of Contractors working in its right-of-way based on reference checks and the Contractor's level of responsibility regarding past projects to make determinations about the Contractor's eligibility for future prequalifications. Permits obtained by Property Owner: Property owners wishing to obtain permits and perform work in the public right-of-way without employing the services of a pre-qualified contractor may do so at their own risk. All work performed by the property owner must meet the same standards and specifications as is required of a licensed contractor; however, property owners are not required to obtain pre-qualification. Any work performed by a property owner which fails to pass City inspection is subject to the requirement of removal and replacement at the discretion of the City of Ashland Engineering Department. The costs associated with this action will be the sole responsibility of the property owner. Property owners will also be held accountable for any work performed without the proper permit(s) and will be charged at 1.5 times that of the current rate for the permit(s). Substandard Workmanship: In the event of unsatisfactory work performed under permit, a City of Ashland representative will take pictures and document the failings of the work. The pictures and subsequent site investigations will be considered by Engineering Department staff members in order to, determine the appropriate course of action to betaken to resolve the substandard work. If the work is determined by staff to be unacceptable, a verbal directive will be given to the Contractor or Subcontractor to correct the work and bring it to departmental/industry standards. If action is not taken to correct the defect within 14 days of verbal notice, then a written warning will be sent to the Contractor defining the necessary corrective measures and a timeline for completion. It will also state that further action will be taken if corrective measures are not undertaken in a timely manner. If the Contractor is un-responsive and fails to correct the deficiencies within the timelines for completion given in the first letter, then a second letter will be sent placing the Contactor on notice that their Surety Agent will be contacted and directed to complete the sub-standard work. If further actions are required, the Contractor will 'be placed on probation for a period of 1 year with the condition that any further failures (i.e. not meeting department/industry standards) will result in a permanent ban from work for the City of Ashland in its public right- of-way. Failure to Obtain Permit: In the event a City of Ashland representative should discover that construction work is being, or has been performed in the Public Right-of-Way without proper application and permit issue, a verbal warning will be given to the Contractor/Owner requiring them to obtain the proper permit(s). The contractor/owner will be charged at 1.5 times that of the current rate for the proper permit(s). For a second offense, the Contractor will be placed on probation for a period of 1 year. Any further failure to obtain proper permit(s) will result in a permanent ban from work in the City of.Ashland's public rights-of-way. GApub-wrksleng101A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 4 Revised May 2015 BUSINESS STRUCTURE: (Required) Complete section 1, 2, 3, 4, or 5 as applies 1 If an Oregon corporation, complete this section: ❑ NA When incorporated Tuna 19, 1489 President Corey E Vitus Secretary Core E. Vitus 1st Vice President N/A Treasurer Core E. Vitus EXECUTION OF CONTRACTS - List of Authorized Personnel A) President and Secretary (The President and the Secretary of the corporation are required to sign CITY OF ASHLAND contracts and performance and payment bonds unless certified, true and correct copy of corporate bylaws or minutes state otherwise and are attached to this prequalification.) Core E. Vitus Printed name of President Signature Printed name of Secretary Signature B) Are other officers besides the President and Secretary of your company authorized to execute contracts? ❑ Yes If yes, list below and attach certified, true and correct copy of corporate bylaws or minutes stating that authority. ® No Printed name and title Signature Printed name and title Signature C) Are any of the officers listed above authorized to sign and execute contracts and bonds on behalf of the company without the signature of others? ❑ Yes If yes, list below and attach certified, true and correct copy of corporate bylaws or minutes stating that authority. FK] No Printed name and title Signature Printed name and title Signature Printed name and title Signature EXECUTION OF BIDS - List of Authorized Personnel (Digital signatures used for electronic bid submittals shall be listed in this section of the prequalification. Both the original signature and digital signatures are required for individuals where digital signatures will be used.) Core E. Vitus President Printed name and title Signature Printed name and title Signature Printed name and title Signature Printed name and title Signature (Additional documentation may be required by the public contracting agency) G:\pub-wrks\eng\0\A Blank Forms\Contractor Prequalif cation Application Form 2015-17 Page 5 Revised May 2015 2 If a general partnership, answer these sections: ❑ NA Date of Organization if a foreign (out of state) co-partnership or persons engaging in business in the state under an assumed name, but not domiciled within this state, is the partnership or business organization registered as required in compliance with Chapter 648, Oregon Revised Statutes? ❑ Yes ❑ No Names and addresses of partners: If the Contractor is a partnership or limited liability partnership, an authorized representative of each Entity comprising it shall sign the Contract, Performance Bond, and Payment Bond, and an authorization to sign shall be attached. If only one partner is signing, then bylaws or minutes must include the authority to sign without the signature of others. Printed names, titles and signatures of partners authorized to EXECUTE CONTRACTS: Printed name of partner Signature Printed name of partner Signature Bylaws or Minutes Submitted: (Check one) ❑ Yes ❑ No (Only submit if signatures differ from above) Printed names, titles and signatures of personnel authorized to EXECUTE BIDS: (Digital Signatures used for Electronic Bid Submittals shall be listed in this section of the prequalification. Both the original signature and digital signatures are required for individuals where digital signatures will be used). Printed name and title Signature Printed name and title Signature Printed name and title Signature Printed name and title Signature (Additional documentation may be required by the public contracting agency) GApub-wrksleng\01A Blank Forms\Contractor PrequaHiication Application Form 2015-17 Page 6 Revised May 2015 r 3 If a foreign (out of state) corporation, complete this section: ❑ NA When incorporated President Secretary 1 st Vice President Treasurer EXECUTION OF CONTRACTS - List of Authorized Personnel A) President and Secretary (The President and the Secretary of the corporation are required to sign CITY OF ASHLAND contracts and performance and payment bonds unless certified, true and correct copy of corporate bylaws or minutes state otherwise and are attached to this prequalification.) Printed name of President Signature Printed name of Secretary S gnature B) Are other officers besides the President and Secretary of your company authorized to execute contracts? ❑ Yes If yes, list below and attach certified, true and correct copy of corporate bylaws or minutes stating that authority. ❑ No Printed name and title Signature Printed name and title Signature C) Are any of the officers listed above authorized to sign and execute contracts and bonds on behalf of the company without the signature of others? ❑ Yes If yes, list below and attach certified, true and correct copy of corporate bylaws or minutes stating that authority. ❑ No Printed name and title Signature Printed name and title Signature Printed name and title Signature EXECUTION OF BIDS - List of Authorized Personnel (Digital signatures used for electronic bid submittals shall be listed in this section of the prequalification. Both the original signature and digital signatures are required for individuals where digital signatures will be used.) Printed name and title Signature Printed name and title Signature Printed name and title Signature Printed name and title Signature Name and address of registered agent in Oregon: Date of authorization by Oregon Secretary of State to transact business in Oregon: Has applicant filed with Oregon Department of Revenue (DOR) forms required b ORS 279A.120? ❑ Yes ❑ No Sec. of State Department of Revenue Phone: 503-986-2200 Phone: 503-378-4988 Web site: www.filinginoregon.com Web site: www.oregon.gov/DOR (Additional documentation may be required by the public contracting agency) Wpub-wrks\eng\0\A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 7 Revised May 2015 41f a limited liability company, limited liability partnership or a limited partnership indicate below: ❑ NA Check One: ❑ Limited liability company ❑ Limited liability partnership ❑ Limited partnership Have you registered with the Oregon Secretary of Name and address of organizer: State, Corporation Division, Business Registry? ❑ Yes ❑ No If the Contractor is a limited liability company, an authorized representative of each Entity comprising it shall sign the Contract, Performance Bond, and Payment Bond, and an authorization to sign shall be attached. Printed names, titles and signatures of personnel authorized to EXECUTE CONTRACTS: Printed name and title Signature Printed name and title Signature Authorization To Sign: (Check one) ❑ Yes ❑ No (Only submit if signatures differ from above) Printed names, titles and signatures of personnel authorized to EXECUTE BIDS: (Digital Signatures used for Electronic Bid Submittals shall be listed in this section of the prequalification. Both the original signature and digital signatures are required for individuals where digital signatures will be used). Printed name and title Signature Printed name and title Signature Printed name and title Signature Printed name and title Signature Printed name and title Signature 5 If doing business as a sole proprietorship, fill out the following information: ❑ NA Name of individual liable for all obligations of the business: If applicant is a sole proprietor using an assumed business name, please list name below: Registration date: Expires: (Additional documentation may be required by the public contracting agency) G:Ipub-wrksleng\01A Blank FormsTon tractor Prequalif cation Application Form 2015-17 Page 8 Revised May 2015 61f doing business under an assumed business name, fill out the following information: (Required) ❑ NA Assumed business name: Owner's name and address: Oregon Secretary of State Corporation Division's Registration Number: Renewal (wLA" ilinginoregon.com/bizregfindex.htm Date: 7 OWNERSHIP AND CONTROL (A, B, and C are all required) (a) Is there any organization, owned or controlled by the applicant, its officers, directors, partners and anyone owning at least 10 percent interest in the firm, or in which the applicant was or is an officer, director, partner, doing business in Oregon under another name? ® Yes ❑ No If yes, please list in space below. If no, write N/A in space below. Vitus, Inc. (b) Are there any individuals, companies or corporations owning 10 percent or more of applicant's firm? ❑ Yes EEI No if yes, please list in space below. If no, write NIA in space below. (c) Are there any other personnel in applicant's organization who have a financial interest in or serve as officers or partners in another firm prequalified to bid in this or another state? ❑ Yes R] No if yes, please list below in space provided. If no, write NA in space below. Present Position or Other Position in Other State of Other Individual's Name -Office Firm or Firms Firm(s) Firm N/A 8 DISADVANTAGED BUSINESS ENTERPRISE Is your firm currently certified by the State of Oregon as a Disadvantaged Business Enterprise (DBE)? (Required) (Check one) ❑ Yes No Wpub-wrWeng101A Blank FormslContractor Prequaliri cation Application Form 2015-17 Page 9 Revised May 2015 9 LICENSES AND REGISTRATIONS: (Required) Oregon Secretary of State Corporation Division -Active Business Registry No. 161640-89 www.filinginoregon.com/bizreg/index.htm Required for Legal Business Name, Assumed Business Name (page 1B), Corps, LLCs, LLPs, Phone: (503) 986-2200 and LPs. Required prior to contract execution. Oregon Construction Contractors Board No. 3643 www.CCb.state.or.us Required prior to bid opening for state-funded projects or prior to contract execution for federally-funded projects (not required for Aggregate Production or Landscaping work Phone: (503) 378-4621 categories). Oregon Business Landscape Contractors License No. and company name: Individual Landscape Contractor License No. (Per Work Class LS) and name: www.lcb.state.or.us Phone: (503) 986-6561 Oregon Electrical Contractor License No. and Company name: (Per Work Class ELEC) Supervisor's License No. and Name www.oreaon bcd.org Building Codes Division phone: (503) 378-4133 -Oregon Plumbing Business License No. and company name: Journeyman's License No. and Name: Oregon Boiler/Pressure Vessel Business License No. and company name: www.oregon bcd.org Building Codes Division phone: (503) 3784133 Ashland Business License No. BL-002995 10 BONDING TOTAL: (Required) Indicate the total amount of work, expressed in dollars, for which the applicant can be bonded at one time: 18,000,000.00 A 1 BID AND PERFORMANCE SURETY BONDS: (Required) If the contract(s) for which this prequalification is sought require bid and performance bonds, the applicant shall state the name of the agent and name, address and telephone number of the surety company applicant expect s to provide the bonds. Agent's name: Brent Olson Agent's address: 1201 SW 12th Avenue, Portland, Oregon 97205-2030 Agent's telephone 800-892-8967 Surety name: Develdpers`Surety & Indemnity Company Surety address: 5 Centervointe, Suite 530, Lake Oswe o . g Oregon 97035 Surety telephone 800-223-245-1 -G:Ipub-wrWengWA Blank Forms\Contractor Prequaliffcakn Application Form 2015-17 Page 10 Revised May 2015 12 SUPPLEMENTAL QUESTIONS: (Required) A) Have you ever been denied prequalification by any state, local or federal agency in this or any other state? (Check one) ❑ Yes No If yes, please attach an explanation. B) Have you ever been debarred from bidding on contracts by any state, local or federal agency in this or any other state under any state or federal law? (Check' one) ❑ Yes No If yes, please attach an explanation. C) Has any officer or partner of the applicant ever applied for prequalification with the public contracting agency under a different name? (Check one) ❑ Yes No If yes, please attach an explanation. D) Has the applicant ever failed to complete a state, local or federal public improvement (works) contract? (Check one) ❑ Yes U No If yes, please attach an explanation. E) Has any officer or partner of the applicant ever been found in breach of a local, state or federal contract? (Check one) ❑ Yes k] No If yes, please attach an explanation. F) Within the last three years has the applicant, or any officer, partner, agent or employee of applicant been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis- Bacon and related Acts and ORS 279.352 et. seq.) in any Final Order of the Oregon Bureau of Labor and Industries or the Untied States Department of Labor, or by any court of competent jurisdiction? (Check one) ❑ Yes f] No If yes, provide copies of the final order(s) or jddgment in which this occurred and explain in detail: (a) the circumstances behind any violation, including the amount(s) not paid (b) whether the amount(s) have now been paid (c) the reasons for the violation (d) all efforts undertaken to ensure that future violations will not occur Wpub-wrksleng101A Blank FormslContractor Prequalification Application Form 2015-17 Page 11 Revised May 2015 1 3 CLASSES OF WORK (Required) Fill in the classes of work on which you wish to bid or perform under permit in the public right of way. Classes of work include, but are not limited to, work listed in parentheses. If more space is required, attach additional sheets. For Each Class of Work: A. Enter the maximum dollar amount of work applicant is capable of performing with its own workforces. B. Enter the maximum dollar amount of work applicant is qualified to undertake in other states with its own workforces. C. Enter the state(s) where applicant is qualified for the amount shown in column B. D. Enter the number of years of experience in this class of work. (Highways, Roads, Streets) A. Max dollar B. Qualified C. State(s) D. Years Class Amount (Required) Dollar Amount Experience Experience (AB) Aggregate Bases (ACP) Asphalt Concrete Paving and Oiling (Paving, Chip Sealing, Crack Sealing, Slurry Sealing, Fog Sealing) (REIN) Bridges and Structures (Concrete, Steel, and Timber Bridges, Retaining Walls and Soundwalls; Seismic Retrofit; Box Culverts; Structural Plate Pipe, and Pipe Arches) (BLD1) Buildings (Toilets, Bathhouses, Maintenance, Sand Sheds) $18,000.000,00 -..$18. 000,000. 00 DR H ~vearg (EART) Earthwork and Drainage (Clearing, Earthwork, Blasting, Riprap, Culverts, Manholes, Inlets, Storm Sewers, Sanitary Systems) (ELEC) Electrical (Traffic Signals, Illumination, Ramp Meters, Roadway Weather Information Systems (RWIS), Variable Message Signs (VMS), Traffic Cameras) (Please enter elec. license (LS) Landscaping (Roadside number in Section 9) Seeding, Lawns, Shrubs, Trees, Irrigation Systems, Topsoil, Temporary and Permanent Erosion Control) (Please enter landscape (MHA) Miscellaneous Highway license number in sec. 9) Appurtenances (Guardrail, Barrier, Curbs, Walks, Fences, Protective Screening, Impact Attenuators, Cold Plane Pavement Removal, Rumble Strips) (PAI1) Painting (Bridges and GApub-wrWeng\0\A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 12 Revised May 2015 A. Max dollar S. Qualified C. State(s) D. Years Class Amount Dollar Amount Experience Experience (Required) Buildings) (PAVE) Pavement Markings (Permanent - Painted, Durable, Markers, Delineators) _ (PCP) Portland Cement Concrete Paving - (AC) Rock Production (Aggregate Crushing, Sanding Rock) _ (SIGN) Signing (Permanent) - (TTC) Temporary Traffic Control (All Temporary Traffic Control Items Including Flaggers and Pilot Cars) (OTH1) Other, (List specific class) CITY of ASHLAND PUBLIC WORKS PERMITTED WORK COA Waterline Construction COA Storm Drain Construction COA Sewer Line Construction COA Building Alteration & Repair $18,000,000.00 $18,000,000.00 OR 26 gears . COA Reservoirs and Tanks COA Pumping Stations COA Concrete Walks, Curbs, etc. GOA Municipal Street Const COA Misc. Excavation Projects COA Electrical Work in ROW COA Signing COA Temporary Traffic Control COA Landscape & Tree Work GApub-wrksleng101A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 13 Revised May 2015 14 EQUIPMENT, FACILITIES, AND PLANT'S (A, B, C, and D are all Required) (A) Equipment owned by the applicant: List only major items. Lump together small equipment and tools. Attachments are acceptable if all required information is included. Age in Quantity, Description and Capacity of Items Years Condition of Equipment 2001 Ford F--150 Pickup 14 Good 2001 Xhevy Subilrban. 14 Good. Varies Good (B) Total market value of equipment: $ 310, 000 00 (Required) (C) Does applicant intend to rent equipment? ® Yes ❑ No If yes, provide a general description: (Required) Whatever egiilpm n n c_ssary n comnl _ he -inh for wMeli ATP (in not possess (D) Production Facility or Plant ❑ Yes ❑ No If yes, complete below: (Required) Description Location Capacity CITY OF ASHLAND's acceptance of this prequalification does not imply CITY OF ASHLAND's approval as material sources for CITY OF ASHLAND projects GApub-wrWeng101A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 14 Revised May 2015 'v L L cq FO+ O O O Q, G1 CL CL v E E E E ~ V V V v CU cn O O O O a, -O E E E E V cu U U 0 U Q o 0 0 0 ca m ca co v ® ® ® ® N L T 2E O ~ V) CD olf -Y -f-r ~ tr-a C L'. 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Q O O O O O O O O O O * p N N N N N N N N N N O U Q E" o -L U) o : Q Q w N L O Q Q = d5 ~ ~ N ~ 7N~ -7~N V V a ds G w UJ ~4J y o U w o ~ 0 0 V N w 3: cn Q In 10 o q ~ CC N c~ ~ r o 0 F, ON I- N u7 rF N N LO N o• U Z N CC) m N N dl` LLO - O O O co Z O= v3 16 O o2 O N c) -t 00 O~ U 69- 1 • 69• 4t3- t,9- bl)- w a. n_ o_ o_ 0- CL a. CL a. a Ind v, O p I a~ co co co co m m m no m 00 U Z Q O p r Q L w U U > O Q C5 (D ti 0 Q) > t-- ~ a Q' C4- 0 0 C5 : U z (D One o O o w (D a~ E > 0 to CL D- C5 uj Uw p j o w ¢ 0 -u C n o ~O o U E p o o t: t: o Q 0:~ Q Q o a) V) CL. Z s_- C- z 0 0 Q Nr Z V w O `n U ~ oa ° J Z o 0 06 1 0 w o ds o• °o = o f R V) p O O C5 Ln Q ]~E m o U a= 4- o ~ ° D o o ° o °o 0 0 C3 L U y A w + e 1 S > Cam. U O V) Q U U. J 16 EXPERIENCE (Required) - Continued A. How many years has applicant been in business under present name? (Required) As a prime contractor? 26 years As a subcontractor? B. How many years' experience in construction work has applicant had? (Required) As a prime contractor? 26 Years As a subcontractor? 17 EXPERIENCE (Required) - Continued What is the construction experience of all owners, officers, partners and principal individuals in applicant's organization? Also, list any other individuals or organizations that control or influence bidding in any way and to any extent. (Attach additional sheets, if needed) Years of Magnitude and Type of Individual's Name Present Position or Office Construction Work Experience Corey President 38 ears Commerc Industrial 18 -Following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. Explain here any claimed experience of a business organization or entity other than the applicant, including that of any business entity which was a predecessor of applicant or which has been acquired by applicant. GApub-wrkslen9101A Blank Forms\Contractor Prequalification Application Form 2015-17 Page 20 Revised May 2015 17 AFFIDAVIT (Required) STATE OF Oregon ss. County of Jackson I, Corey E. Vitus being first sworn, state that I am President of the applicant herein and that the `statements made in (Title of Individual authorized to execute bids and contracts) this application are true and 1 acknowledge that any false, deceptive or fraudulent statements on the application or at a hearing will result in the denial of prequalification, and may subject me to charges of false swearing or perjury; should there be any subsequent material reduction in applicant's ability to carry out any project for which applicant desires to submit a bid; applicant will give written notice of such change to the designated officer to whom this application is submitted at least ten days prior to the bid opening and that it is understood that such notice may change the eligibility of applicant to submit the bid. rigina Signature of individual Authorized to Execute Bids and Contracts) Subscribed and sworn to before me this day ofi a, ' v Year Original, otary Public Signature OFFICIAL STAMP TANYA SUE ROLAND My commission expires NOTARY PUBLIC-OREGON COMMISSION NO. 946863 MY COMMIN N EXPIRES MWARY A 2020 23 SEE INSERTED ITEM 14 FOR INFO 14 EXPERIENCE (Required) A. How many years has applicant been in business under present name? (Required) As a prime contractor? As a subcontractor? B. How many years' experience in construction work has applicant had? (Required) As a prime contractor? As a subcontractor? 15 The work contemplated under this project involves installation of a splash pad/waterplay, in addition to the requirements of ORS 279C.430(2), shall demonstrate that Contractor, whether prime or sub-contractor, has successfully completed the pre-qualification requirements for the category of work contemplated. Category: Installation of splashpad/waterplay or equivalent aquatics facility A minimum of two projects requiring installation of aquatics based systems, these systems include but are not limited to swimming pool, splash pads and water parks. Contractor shall provide the following information for each project: 1. Name of Project & Location HAWTHORNE PARK Project Owner CITY OF MEDFORD Project Contact (name and phone number) PETE YOUNG, 541-774-2560 Value of project $ 1,800,000.00 2. Name of Project & Location EAGLE POINT SPARAY DARK Project Owner CITY OF EAGLE POINT Project Contact (name and phone number) ROBERT MILLER, PUBLIC WORKS DIRECTOR 541-826, EXT 105 Value of project $ 75,000.00 16 Following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. Explain here any claimed experience of a business organization or entity other than the applicant, including that of any business entity which was a predecessor of applicant or which has been acquired by applicant. SEE ATTACHED PROJECT PROFILE SHEETS FOR THE ABOVE PROJECTS 22 J L'A / a u... ORI + our (P Of 3j J i r re f ~ Y w 3 ~ 1963.9 9 m f ALA ' t',` Jf ~ ' ' ' ri ti ~ _ , - t..; - ~ 1. ` ~ - L 10 0, SLCURL7 s n'ri~t,z ss- A - x,';v mn,arv ur.Nats Al OMNIP0 xv° ( a «.v taw La 2" SUPIL" Jff 4R -LR UxAL (W. CURRENT PHOTO OF COMPLETED SPAY PARK 9/12/16 l ' NW j't`) ~k t R kL q 4 c + f'L • x-- ` # Lan. pit E 1' I • . e Hawthorne Park Medford, Oregon 2014-2o16 City of Medford, Owner Project Cost: $1,800,000.00 Vitus Construction was selected in a RFP Design Build CM/GC project for Haw- thorne Park Phase I, II & III. The overall scope included new parking lot, sport courts, lighting, paly areas , skate park, spray park, dog parks, restrooms, and recreational facilities. The spray park scope included design, engineering sup- pler procurement , cost estimating, scheduling and design drawings for permit and construction. The final design and construction included excavation, under- ground, public utility, concrete pads, water pumps (variable and master), pro- grammable feature automation, accent lighting, water spray and play features, collection and storage tank, remote mon- itoring system, chlorination and san filtra- Afts tion system. Additionally it was designed for future expansion. • rw T ULrftucriOr; i~a:: . i' Corey Vitus, President PO Box 1097, Eagle Point OR 97520 541-885-7177 ccb#63643 Sheet . Tcpographic Survey L..r ..z • „ : ke- +wA~.Go" l~ aWr ~ r~ou ` e ~ ~ ~ .tip i ' .4 Ke, r. WPM Fr f ~ G x r VITU3 iA,j^ni Z tn,t sr:a ping r , ,~ppy I sin-~ro-r+7n Construction Document Created By John Kennedy, Vitus Eagle Point Spray Park, Oregon 2o16 City of Eagle Point, Owner, Project Cost: $75,000.00 TAW Vitus Construction was selected in a RFP Design Build CM/GC project for Eagle Point Spray Park. The overall scope included; preliminary design, budgeting and scheduling. The completed spark included; pressurized thankless system that is fully programmable with automatic valves, ultraviolet light, (8) eight spray and CA water features. Excavation, pipe s~ 4,', installation, concrete and instrument - installation is also included. Photo a ' • . to the left was taken 9/12/16. Esti- mated finish 9/30/16. t, - T ~ !i r 3 - r r i, nn ~ ' 7Iw TUr.S~t' T10N (!.c r r { Corey Vitus, President PO Box 1097, Eagle Point OR 97520 541-885-7177 ccb#63643 s Betsy Harshman From: Scott Fleury Sent: Tuesday, July 19, 2016 10:18 AM To: Betsy Harshman; Jeff McFarland Subject: bid summary sheet Attachments: 2016-08 Bid Summary.docx; 16-08 2016 Slurry Seal - Notice of Intent to Award - 06-9-16 - ALL.doc Betsy/Jeff, I have attached a bid summary sheet that can be used for the opening next Thursday. As far as procedure: 1. Time/date stamp receipt of sealed bid documents 2. Open and read bid documents if any contractors show up 3. Verify bid bond is attached for the 10% amount 4. Track all information in the bid summary sheet 5. Inform anyone in attendance of apparent low bidder 6. Then inform anyone in attendance the City will review the documentation and make a final selection within the next few days 7. Generate notice of intent to award and send out to all contractors who submitted (draft attached) I am back in the office and around this week if you want to talk about it some more. Thanks, Scott A. Fleury, Engineering Services Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-24123 TTY 800-735-2900 Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2412. Thank you. 1 W 1 wrr ASHLAND PARKS AND RECREATION COMMISSION August 24, 2016 ADDENDUM NO. I Bid Title: Garfield Water Park Construction Project Project No.: 000060 ORPIN No.: KA1512-1851537-16 Mandatory Pre Bid Meeting Date: IS CHANGED TO September 8, 2016 Bid Closing Date: IS CHANGED TO September 22, 2016 / NOT LATER THAN 2:00 PM This addendum is to make the following additions and/or changes to the subject Invitation to Bid document and shall be deemed an integral part of the above-referenced documents. 1 CHANGE The ITB closing date and time is extended to September 22, 2016 Time: Not later than 2:00 PM (Pacific) based on the official time as shown on the project manager's cellular hone. 2 CHANGE Bids must be delivered to and will be opened at The Grove located at 1195 East Main Street, Ashland, OR, 97520 in the Otte-Peterson Room at the time and locationspecified above. 3 CHANGE The mandadory pre-bid meeting date and time is changed to September 8, 2016, at 10:00 AM located at the The Grove. This Addendum must be acknowledged by inserting its number on the appropriate blank lines on the Invitation to Bid Proposal and Bid Schedule. Failure to do so may result in rejection of Bid. END OF ADDENDUM NO. 1 14 EXPERIENCE (Required) A. How many years has applicant been in business under present name? (Required) As a prime contractor? As a subcontractor? B. How many years' experience in construction work has applicant had? (Required) As a prime contractor? As a subcontractor? 15 The work contemplated under this project involves installation of a splash pad/waterplay, in addition to the requirements of ORS 279C.430(2), shall demonstrate that Contractor, whether prime or sub-contractor, has successfully completed the pre-qualification requirements for the category of work contemplated. Category: Installation of splashpad/waterplay or equivalent aquatics facility A minimum of two projects requiring installation of aquatics based systems, these systems include but are not limited to swimming pool, splash pads and water parks. Contractor shall provide the following information for each project: 1. Name of Project & Location Project Owner Project Contact (name and phone number) Value of project $ 2. Name of Project & Location Project Owner Project Contact (name and phone number) Value of project $ 16 Following space may be used for general remarks and explanations pertaining to the foregoing prequalification statements. Explain here any claimed experience of a business organization or entity other than the applicant, including that of any business entity which was a predecessor of applicant or which has been acquired by applicant. 22 VITUCON-01 CSPHINNEY DATE (MM/DD/YYYY) a~..►~' CERTIFICATE OF LIABILITY INSURANCE 9/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Charris Sonne-Phinney CONTACT Anchor Insurance & Surety, Inc. PHONE (503) 224-2500 a/c No : (503) 224-9830 1201 SW 12th Ave. Suite 500 A/c Ext ES: CSPhinney anchorias.com Portland, OR 97205 E-MAIL INSURERS AFFORDING COVERAGE NAIC # INSURERA:Ohio Security Insurance Co. 24082 INSURED INSURER B : Ohio Casualty Insurance Co. 24074 Vitus Construction Inc. INSURER C : SAIF Corporation 36196 PO Box 1097 INSURER D Gold Hill, OR 97525 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR X BKS 57378314 06/18/2016 06/18/2017 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- ' OTHER $ : AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BAS 57378314 06/18/2016 06/18/2017 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE USO 57378314 06/18/2016 06118/2017 AGGREGATE $ 5,000,000 n-DED X RETENTION $ 10,000 $ PER J- WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS' LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N 811648 10/01/2015 10/01/2016 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ > I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER AND ALL REQUIRED ENTITIES ARE ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT. ENDORSEMENTS ATTACHED: CG8810 04/13, CG8870 12/08, CA8810 01/10. RE: Garfield Water Park Construction Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ashland Parks and Recreation Commission 1195 East Main Street r~ Ashland OR 97520 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD l COMMERCIAL GENERAL LIABILITY CG 88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -13Y CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 0 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other ° N valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. - B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability, N - O ° Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and N (b) Not being used to carry persons or property for a charge. N C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 0 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident, and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. p 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you, or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; _ (2) This insurance does not apply to "bodily injury" or "property damage" included within the _ "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- s surest or (b) The construction, erection, or removal of elevators; or in - (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by N the contract or agreement to provide for such additional insured. N With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With 'respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form 0 or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The 'ollowing is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 1. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. o 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until N we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- Z6 ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 a ` P.' EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. N N Y m 0 C1 r © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 R • COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section 1 - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all 0 damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will stall be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT g SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization, X2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". M 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: _ h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto";. (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes N place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or x2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 2 of 7 a , s b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and tabor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 0 Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 N X2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove N and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos' avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. N N 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following- For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: " If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for " "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: x2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or if the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation tc pay for, repair, return or replace damaged or stolen property will be reduced by a 00 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; L Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. (D2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 5 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. rn The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. o This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or o organization engaged in the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the N inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this N policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 92010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 0 @2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 7 of 7 Purchase Order -1V 0, Fiscal Year 2017 Page: 1 of: 1 ~ 9 2 &RE B Ashland Parks Commission I ATTN: Accounts Payable L 20 E. Main Purchase p L Ashland, OR 97520 Order # 398 T Phone: 541/552-2010 O Email: payable@ashland.or.us S C/O Parks Department V VITUS CONSTRUCTION INC H Admin Office E N 1912 SECOND AVENUE 1 340 South Pioneer D GOLD HILL, OR 97525 P Ashland, OR 97520 O T Phone: 541/488-5340 R O Fax: 541/488-5314 irb= = r - - Vendor I? n-tirne; ub~= s~ -d - _ _ - - - - - - Jason Minica 10/3112016 498 V FOB ASHLAND OR Parks Accounts Pa able =ate--mom` - _ ~ : f~--r - = - - - - - - - _ Garfield Park Renovation 1 Garfield Park Renovation 1 817,756.4000 $817,756.40 Project #000060.999 Ashland Parks and Recreation Public Improvement Contract Effective date: 10/0412016 Completion date: 04/30/2017 GL SUMMARY ( 123000 704200 $817,756.40 ® -pf Date: 1 1 Authoriz gnature - - $817 756.40 psi Nf ~i P' CITY OF rya. ASHLAND REQ U S 1 T ION x Date of request: gF. Required date for delivery: v Vendor Name 9 Address, City, State, Zip / Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: L Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: l c - i~, - t ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication _ If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost 3 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ ~1 -7 Project Number ' `-Account Number--_ AccountNumbe . Account Number-------_-°- *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. r Employee: Department Head: (Equal to-or greater than $5,000) Department Manager/Supervisor: 8 City Administrator (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition CITY OF ASHLAND Council Communication October 4, 2016 Business Meeting Garfield Park Project FROM: Jason Minica, - Project Manager Ashland Parks and Recreation Commission SUMMARY Parks Staff is requesting that the City Council affirm a decision of the Commissioners of Ashland Parks and Recreation to move forward with Garfield Park Project. This project is a renovation of many aspects of the park which include a new splash pad, improved volleyball court, new basketball court, three new shade shelters, new site amenities, sidewalk extensions and enhancements, and various landscape improvements. BACKGROUND AND POLICY IMPLICATIONS: The Garfield Park Master Plan includes improvements to existing park uses in addition to a few new uses. The 2015 - 2017 budget for capital improvements included replacing the existing Splash Pad, at an estimated cost of approximately $550,000. The volleyball court was also slated for refurbishment with a budget of $10,000. After careful consideration the decision was made to include the volleyball upgrades into the splash-pad project. Consideration was then given to upgrading or refurbishing other elements in the Park to achieve economies of scale and funding efficiencies. Below is a list of items to be installed or refurbished. The proposed Master Plan includes: • Refurbishment of the Basketball Court to convert the Court to a regulation-sized arena with five-foot boundaries, new breakaway baskets and acrylic backboards. • Refurbishment of the Volleyball Court while extending the sand area and replacing the existing wooden retaining wall with a concrete seating wall for participants and spectators. • Development of a new Cascade-Siskiyou Scenic bikeway shelter that would include a water station, a bike fix-it station and a kiosk with maps and brochures designed to showcase Ashland to out-of-town cyclists. • Three picnic shelters. • An improved and enlarged Splash Pad for interactive play among children. • Infrastructure repairs, enlarged tree planters and other miscellaneous improvements. Page 1 of 4 ~r CITY OF ASHLAND The new bikeway shelter was initiated in response to a State-sanctioned scenic bike route promoted by Travel Oregon, with Garfield Park serving as the starting and ending point for the route. Garfield Park is heavily used, not only locally but regionally. People come to enjoy the facilities, gather for birthday parties and picnics and participate in family activities. The park currently has few picnic tables and no shelters; therefore, the two proposed shelters and picnic tables could be a welcome addition. A future hardscape expansion area adjacent to the playground was set aside in the Master Plan for future development. Other areas such as the grassy play area, the playground and the restrooms would remain the same. One new sidewalk beginning on California Street with access from the bike shelter is proposed. The bikeway shelter would also have paved access from the parking lot. EXISTING CONDITIONS Existing conditions at Garfield Park are in dire need of refurbishing. Garfield Park was constructed in the early 90's and with the exception of new playground equipment and painting of the restrooms, has not had much attention since its inception. The Volleyball and Basketball Courts are in need of major repair, cracking and unlevelled playing surfaces on the Basketball Court have become a major safety issue for the Park Staff and users alike. Issues with the Volleyball Courts are just as concerning. The current wooden walls are splintering and starting to buckle under the pressure of the sand that has blown up against them over the years, and has become unsafe and unsightly. The water play has served its purpose and has become a staple for Ashland citizens over the years. Unfortunately, this water play has become very old and out dated and can no longer serve its purpose. Safety concerns and maintenance issues have started to add up making it an easy decision to replace it with a new modern splash pad that can accommodate the continued heavy use of Garfield Park. Other existing conditions at Garfield Park include sidewalk and irrigation repair, these issues will also be addressed during the renovation of the park. Planned Improvements o Full Splash Pad Replacement o Hardscape picnic areas associated with the Splash Pad, as well as park seating and tables. o Full Volleyball Concrete Enclosure Replacement o Full Basketball Court Replacement o Replacement of basketball posts and standards o Three new shade/picnic structures o Sidewalk extension for enhanced pedestrian circulation o Various minor landscape enhancements, including irrigation o New shower/foot wash/drinking fountains Page 2 of 4 tc 1 CITY OF ASHLAND 0 y~ GRASS PLAY AREA L. ~ ~ xt1 4 vys Pat t 4 z w e, 3 M 1rr/ S APRC Findings Staff has found that future improvements to Garfield Park will greatly enhance the experience of its users, and will lessen the constant maintenance needed from park staff. COUNCILMARKS COMMISSION GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The complete budget for this project is $850,000, which has been approved and issued as a bond. The full funds for the project are currently available in the CIP. The apparent low bidder is Vitus Construction in the amount of $ 817,564.60. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council approve proposed bid from Vitus Construction. Page 3 of 4 ~r CITY (JF 'r ASHLAND SUGGESTED MOTION: I move to approve the acceptance of the bid and award of contract to Vitus Construction in the amount of $ 817,564.60 for the Garfield Park Project. ATTACHMENTS: Contract, Proposal and Bid Schedule Page 4 of 4 mill