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Home My WebLink About2019-185 20190529 VSS Internationalr , CITY OF PUBLIC IMPROVEMENT CONTRACT ASHLAND FOR PROJECT NO.2018-37 STREET SLURRY SEAL This Public Improvement Contract(hereinafter"Contract")is entered into by and between the CITY OF ASHLAND, a municipal corporation of the State of Oregon(hereinafter"City"), and VSS International Inc. (hereinafter"Contractor"). WHEREAS,the City caused to be prepared that certain bound Project Manual or Bid Package (including but not limited to the Invitation to Bid, Bid Schedule, Bid forms, Bid,Performance and Payment Bonds, as applicable, Public Improvement Contract, Standard Terms and Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No. through No. , more particularly described in section 6 Contract Documents, (hereinafter referred to collectively as the"Contract Documents")for the City's Project No. 2018-37: Street Slurry Seal(hereinafter the "Project"); and WHEREAS, Contractor did on the rd day of May, 2019, file with City a formal 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 slims 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,materials and appurtenances and perform said work,together with the manner and time of furnishing same. NOW THEREFORE, for good and valuable consideration the sufficiency of which is hereby acknowledged,the City and Contractor mutually covenant and agree as follows: 1.0 Recitals The recitals set forth above are true and correct and are incorporated herein by this reference. 2.0 Effective Date and Duration This Contract is effective on the date of execution by the City (hereinafter the"Effective Date"). The Work to be performed under this Contract shall, unless this Contract is otherwise terminated or extended,be completed on or before July 15,2019, or before 30 calendar days following Contractor's receipt of the Notice to Proceed,whichever is earlier. 3.0 Project Manager' The City's Project Manager for this Contract is Avram Biondo, Street Supervisor, City of Ashland Public Works Department. City of Ashland April 2016 20of91 4.0 Statement of Work A. The Work to be completed for this Project is more fully described in the Contract Documents, which are attached hereto and incorporated herein 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 as of the date this Contract is signed by the Contractor 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. B. Contractor shall, at its own risk and expense,perform the Work described in the Contract • Documents and furnish all permits, labor, tools,machinery, materials,transportation, equipment and services of all kinds required for,necessary for, or reasonable incidental to,performance of the work,that is, the construction of this Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 5.0 Consideration A. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of: Three Hundred and Ninety Six Thousand Six Hundred & Eight Dollars & Eighteen Cents ($396,608.18) for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. B. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 6.0 Contract Documents A. The Contract Documents consist of the following: 1. This Contract (pages 1 to 91, inclusive). 2. Bonds, Bid,Performance and Payment(pages 64 to 75, inclusive). 3. Exhibit A, Standard Terms and Conditions for Public Improvement Contracts (pages 25 to 47, inclusive). 4. Oregon 2018 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2018 Standard Specifications, referenced within(Special Provisions and Technical Specifications) City of Ashland April 2016 21 of 91 5. Addenda(numbers 1 to 1,inclusive). 6. Contractor's Bid (pages 6 to 19, inclusive). 7. The following which may be delivered or issued on or after the Effective Date of this Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Section 6.0.A are attached to this Agreement (except as expressly noted otherwise above) and expressly incorporated herein by this reference. 7.0 Governing Law The provisions of this Contract shall be construed in accordance with the laws of the State of 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. 8.0 Contractor Data and Certification --// Business Name (please print): V 55 .,,4ernd loria l JA C� Contact Name: j {{ GZotoer-is Phone: q/(0-373-/SW Fax: 9/6- 373-0/83 Address: 3785 C h'n,p l Vri✓e, !Jes'1 cSar,uMP�{v, Crf Do Not Write Federal and State Tax ID Numbers on this Contract: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# Construction Contractors Board# 6S'fs a Citizenship: Nonresident alien Yes No Business Designation(check one): Individual Sole Proprietorship Partnership j( Corporation Government/Nonprofit I,the undersigned Contractor, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A),together all of the additional Contract Documents referenced in Section 6.0. above, are an integral part of this Contract and agree to perform the Work described in the Contract Documents in accordance with the terms and conditions of this Contract. I further understand the City is prohibited from entering into a Contract when the contractor has neglected or refused to file any return,pay any tax, or properly contest a tax,pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing,that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and City of Ashland April 2016 22 of 91 •, 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. IN WITNESS WHEREOF the parties have caused this Contract to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CONTRACTOR: (-7 � X23 Signature Date Printed Name: Jeff Roberts,Senior Vi = President Title: CITY OF ASHLAND: , -7l • elly Madding, City Adminis ator i ate City of Ashland April 2016 23 of 91 . CERTIFICATIONS OF CONTRACTOR Contractor,under penalty of perjury, certifies that: (a) The number shown on this Certification 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: si (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. )C (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. A (5) Labor or services are performed for two or more different persons within a period of one year. (6)I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. `_ r ..� S/z 3//1 Contractor Date Jeff Roberts,Sen ,, Vice President City of Ashland April 2016 P 24 of 91 f EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor 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. 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. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. 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. City of Ashland April 2016 25 of 91 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 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 "Project No. 2018-37: Street Slurry Seal Project," Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLL) if applicable AND any other separately bound reference, Oregon 2018 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. City of Ashland April 2016 26 of 91 7. Drug Testing [ORS 279C.505(2)] 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. 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. 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. 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 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 Effective 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. City of Ashland April 2016 27of91 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: Failure of the Contractor to correct unsafe conditions; Failure of the Contractor to carry out any provision of the Contract; Failure of the Contractor to carry out orders; Conditions, in the opinion of the City,which are unsuitable for performing the project work; Allowance of time required to investigate differing site conditions; 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. Early Termination The City and the Contractor, by mutual written agreement,may terminate this Contract at any time. c to The City, on not less than fifteen(15) days' prior written notice to the Contractor,may terminate this Contract for any reason deemed appropriate in its sole discretion. 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. City of Ashland April 2016 28 of 91 f 1 • • 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. Payment on Early Termination If this contract is terminated under 10(a)(b) or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. 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. If this contract is terminated under 10(d),by the City due to a breach by the Contractor,then the City shall pay the Contractor as provided in subsection(a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 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 11(b). 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. CO of Ashland April 2016 29 of 91 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./ 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, 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. City of Ashland April 2016 30of91 • 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. Prevailing Wages/BOLI Fee 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 N/A . 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) Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1),the existing prevailing rate of wage that maybe paid to workers in each trade or occupation required, in the form of a BOLI document,is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] 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. City of Ashland April 2016 31 of 91 Contractor and all subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. 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. HOURS OF LABOR/OVERTIME LINIITATION [ORS 279C.520, ORS 279C.540,AND ORS 279C.545] Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day, or 40 hours in any one week,except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services,the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b)For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract,providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (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)] City of Ashland April 2016 32 of 91 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.. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage"means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a)retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or} If the contractor elects,the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or(5),the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses,the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates,notes or bonds of the United States. City of Ashland April 2016 33of91 • (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] Progress Payments 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. 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 includin g applicable licable 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. 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 City of Ashland April 2016 34of91 • 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. 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. 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. 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). 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)] 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 City of Ashland April 2016 35of91 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). 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)]. Final Estimate and Final Payment 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. 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. 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 fmal payment/retainage requirements of ORS 279C.570(8). 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 fmal estimate and Certificate of Final Completion and processing same for payment all have been carried out. City of Ashland April 2016 36 of 91 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. 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. 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. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or changed)work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. Contractor/Subcontractor Payment Obligations The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: City of Ashland April 2016 37 of 91 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: 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 Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(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)] 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)]. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] The Contractor shall make payment promptly, as due,to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] City of Ashland April 2016 38of91 Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of or services furnished to the Contractor or a subcontractor by any person in any claim for labor o Y Y P 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. 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. 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. 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, City of Ashland April 2016 39of91 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 Three Hundred Dollars per day ($300.00/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. 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 City of Ashland April 2016 40 of 91 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. 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. One-Year Warranty 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 City of Ashland April 2016 41 of 91 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. 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 p rovisions of Owner's Equal Opportunity Policy and com p ly with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion, color, sex,national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer, because of the race,religion, color, sex,national origin,marital status or age if the individual is 18 years or older or because of the race,religion, color, sex,national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part.q 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)] Environmental Regulations Pursuant to ORS 279C.525(1),the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture,Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense, Department of Army Corps of Engineers City of Ashland April 2016 42 of 91 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) County Courts City of Ashland April 2016 43 of 91 • 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 P p g 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 City of Ashland April 2016 44of91 (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 Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped,notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work,nor any extension of time,nor any possession taken by City,nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 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. City of Ashland April 2016 45 of 91 • • 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. 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. 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. 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. 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: Avram Biondo, Street Supervisor CITY of ASHLAND PUBLIC WORKS DEPARTMENT 20 East Main Street ASHLAND, OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. City of Ashland April 2016 46 of 91 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. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. City of Ashland April 2016 47 of 91 EXHIBIT B Compliance with Applicable Law-Public Improvement Contract This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.800 and is available through the City Engineering Office at 51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors City of Ashland April 2016 48of91 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 0 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 named as 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. City of Ashland April 2016 49of91 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. City of Ashland April 2016 50of91 EXHIBIT D Certification Statement for Corporation or Independent Contractor A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below,and certify under penalty of perjury that it is a corporation. VSS International, Inc. 23 Entity Signature Date Jeff Roberts,Senior VI ,- President B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657,and 701,an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an"independent contractor"if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return,for the previous year,for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence,which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. City of Ashland April 2016 51 of 91 F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim,judgment, fine,penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor Signature Date Project Manager Signature Date City of Ashland April 2016 52of91 EXHIBIT E Instruction to Bidders The provisions of Oregon Administrative Rules Chapter 137,Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions, and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labor,tools,machinery,materials, transportation, equipment and services of all kinds required for,necessary for, or reasonable incidental to,the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions,plans, specifications, or any supplemental documents. 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 Bid and Schedule of Prices. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. 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. 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. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. 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. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. City of Ashland April 2016 53 of 91 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). Certification: Non-discrimination Certification: No Conflict of Interest Certification: Not ineligible for Public Works Contracts [OAR 137-049-0230] B. The City will not mail notice of addenda but will post any addenda on ORPIN. 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/pages/index.aspx. 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. City of Ashland April 2016 54 of 91 • THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360). i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond(in approved form)(f/k/a/bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form)in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent(100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond,the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security,the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE SURETY BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. 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: Executed a formal contract; Executed and'delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100% of the Contract Price; Furnish proof of public works bond filed with BOLI; and Furnish the required Certificates of Insurance. Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a public works bond filed with BOLI by the successful bidder,the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and payment 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 City of Ashland April 2016 55of91 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 PREQUALIFICATION OF BIDDERS If a pre-offer 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)] For example,the requirement for ODOT Pregnalification reads as follows: Bidders must be pre-qualified with the City of Ashland and/or with the Oregon Department of Transportation or General Service per ORS 279C.435 to perform the type and size of work contemplated herein and shall submit,to the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137- 049-0220]. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450, and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution) 5. FORM OF BID A. Bids shall be submitted in sealed envelopes to: Street Address: Mailing Address: Scott Fleury P.E. Scott Fleury P.E. Deputy Public Works Director Deputy Public Works Director City of Ashland City of Ashland 51 Winburn Way 20 East Main Street Ashland, Oregon 97520 Ashland, Oregon 97520 City of Ashland April 2016 56 of 91 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service,the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form,they shall be initialed in ink by the person who signs the bid. The bidder shall not alter,modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award,binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid,unless such statement is required in a bid embracing alternative bids C. Unless otherwise specified,Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein,bids which are incomplete, or fail to reply to all items required in the bid may be rejected. D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department/Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. City of Ashland April 2016 57 of 91 Late bids will be time and date stamped at the time of receipt by City personnel,marked as "Rejected as Late Bid"and will be returned, unopened,to the submitted. 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error,discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/Project Manager. The City will investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract,the Bidder may make written inquiry regarding same to the Project Manager at least ten(10) days, unless otherwise specified, before the scheduled closing time for submission of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued to all known specification holders. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72)hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. 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 Prior to submitting a bid, it is the responsibility of each Bidder to: Examine the plans, specifications and contract documents thoroughly. Become fully informed as to the quality and quantity of materials and the character of the work required. 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. 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 Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. City of Ashland April 2016 58of91 Study and correlate the Bidder's observations , especially as regards site conditions with the Contract Documents. 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. 9. FAMILIARITY WITH LAWS AND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the City of Ashland April 2016 59of91 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. City of Ashland April 2016 60 of 91 ' C. No Bidder may withdraw a bid after bid opening unless sixty(60) days have elapsed and the City has not awarded a contract. 12. MISTAKES IN BIDS (1) To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. (2)Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the City discovers certain mistakes in a Bid after Opening,but before award of the Contract,the City may take the following action: (a) City may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: (A)Return the correct number of Signed Bids or the correct number of other documents required by the Solicitation Document; (B) Sign the Bid in the designated block,provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (C)Acknowledge receipt of an Addendum to the Solicitation Document,provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. (b) City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in Writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices,transposition errors, arithmetical errors, instances in which the intended correct unit or 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 City of Ashland April 2016 61 of 91 • (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. 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. City of Ashland April 2016 62 of 91 • 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 Bid Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated(itemized bid) or bid(lump sum)by Contractor at$1,000,000 or more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether or not a specific bid item is provided therefore)that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. City of Ashland April 2016 63 of 91 Exhibit F City of Ashland Standard Public Improvement Bonds BID BOND We, , a corporation or partnership duly organized under the laws of the State of , and authorized to transact business in the State of Oregon, as"PRINCIPAL," and, We, , a corporation or partnership duly organized under the laws of the State of , and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE)the sum of($ ) 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 Project No. 2018-37:Street Slurry Seal,which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten(10%)percent of the total amount of the bid pursuant to ORS°279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE,if the Offer, submitted by PRINCIPAL,is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents,then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds,the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten(10) days of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of ,20_ Surety Principal Address Address City of Ashland April 2016 64 of 91 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. 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 BECAUSE 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. City of Ashland April 2016 65 of 91 With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard,practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms,bathing facilities, dressing rooms, etc.must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical,psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant,but such accommodations cannot be made without undue hardship to the employer; or where,because of such disability,the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only,the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: 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. S. DISCRIMINATION BECAUSE OF AGE City of Ashland April 2016 66 of 91 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 City of Ashland April 2016 67 of 91 • 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 In all advertising,postings, and promotional material relating to hiring, the Contractor shall include the following statement: (name of contractor) is an equal opportunity employer and does not discriminate in hiring,promotion, layoff, discipline,transfer, compensation, or other terms of employment because of a person's race,religion, color,national origin, sex, age,marital status, handicap, or political affiliation." EXCEPTION: In"classified" advertising the Contractor need only include the statement "An Equal Opportunity Employer". In all advertising,postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland,the Contractor shall include the following statement: "This (program or service as applicable) is open to all persons without regard to race,religion, color,national origin, sex, age,marital status,handicap or political affiliation. For further information about this equal opportunity policy, contact (name of contractor's representative) at (phone number) . 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy,whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter,the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights City of Ashland April 2016 68 of 91 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 Bid or Request for Proposals will state: "This project is funded in whole or in part through (name of agency) . Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." City of Ashland April 2016 69of91 • PERFORMANCE BOND The undersigned as principal, further referred to in this bond as Contractor, and , as surety,further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City., in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated , for the following project: 2018-37 Street Slurry Seal Project. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans., specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: Bond Agent: City of Ashland April 2016 70 of 91 Address: Telephone: SIGNED this day of 2019. City of Ashland April 2016 71of91 PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary City of Ashland April 2016 72 of 91 PAYMENT BOND The undersigned as principal,further referred to in this bond as Contractor, and , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated ,for the following project: 2018-37 Street Slurry Seal Project. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through p PY P � gh 279C.620,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. • 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: Bond Agent: City of Ashland April2016 73 of 91 Address: Telephone: SIGNED this day of 2019. City of Ashland April 2016 74of91 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: By: Title: (Corporate Seal) Legal Address: Attest: Corporate Secretary WITNESS: SURETY: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary City of Ashland April 2016 75 of 91 • CITY OF ASHLAND Department of Public Works SPECIAL PROVISIONS FOR PART 00100 — GENERAL REQUIREMENTS The requirements for contract work are contained in the"OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2018" Oregon Department of Transportation/Oregon Chapter APWA,together with any current City of Ashland Addenda,hereinafter referred to as the "Standard Specifications". Standard Specifications may be downloaded from the ODOT Web Site: https://www.oregon.gov/ODOT/Business/Pages/Standard Specifications.aspx All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SECTION 00110—ORGANIZATION, CONVENTIONS,ABBREVIATIONS AND DEFINITIONS Comply with Section 00110 of the Standard Specifications SECTION 00120—Bidding Requirements and Procedures Comply with Section 00120 supplemented and/or modified as follows: 00120.00 Prequalification of Bidders—Substitute the following: On any proposed Public Works contract estimated at$10,000 or over, all Contractors shall comply with all laws of Oregon pertaining to the qualification of bidders, and particularly ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of Ashland at least five days before the opening of bids. Prequalification applications for Asphalt Concrete Paving and Oiling are available at 51 Winburn Way, Ashland, OR 97520. All prequalification applications must be received five(5) calendar days prior to the bid date. 00120.05 Requests for Solicitation Documents—Substitute the following: Contract Documents,including plans and specifications,may be examined after March 12,2019 at the Community Development Building, 51 Winburn Way Ashland, OR 97520 or downloadable on the State of Oregon Information Procurement Network(ORPIN) http://orpin.oregon.gov/open.d11/welcome. City of Ashland April 2016 76 of 91 The contract documents and addendums may be downloaded at no charge, and will not be mailed to prospective bidders. Bidders should consult the ORPIN system regularly until closing to avoid missing any addenda. The Standard Specifications may also be downloaded from the ODOT's web site: https://www.oregon.gov/ODOTBusiness/Pages/Standard Specifications.aspx The Plans, which are applicable to the Work to be performed under the Contract,bear title and date as follows: Project: 2019 Street Slurry Seal Type of Work: Street Improvements Location: Ashland, Oregon 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be encountered Add the following paragraphs: Requests for clarifications specified above should go to: Contractual Questions to: Scott Fleury P.E. Deputy Public Works Director City of Ashland 51 Winburn Way Ashland, OR 97250 (541) 488-5587 Technical Questions to: Avram Biondo, Street Supervisor 90 N. Mountain Ave. Ashland, OR 97520 (541) 552-2345 00120.45(b) Electronic Bids—Delete this subsection. 00120.60(a) Paper Bids—Replace this subsection with the following: Paper Bids - Information entered into the paper Bid Booklet by the Bidder may be changed after the paper Bid has been delivered to the City of Ashland,provided that: Changes are prepared according to the instructions identified in the Bid Booklet; Changes are received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids; The Bid number is included; and City of Ashland April 2016 77 of 91 , The changes are submitted in writing or by electronic facsimile (FAX)transmission to the FAX number(s) given in the paper Bid booklet, signed by an individual authorized to sign the Bid. FAX submittals received by the Agency shall constitute an original document. A Bidder may withdraw its paper Bid after it has been delivered to the City of Ashland- Construction, provided that: The written withdrawal request is submitted on the Bidder's letterhead, either in person or by FAX, and includes the Bid number; The request is signed by an individual who is authorized to sign the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request; and The request is received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids. 00120.60(b)Electronic Bids—Delete this subsection. to end t: 00120.70 Rejection of Nonresponsive Bids -Add the following bullet o th e nd of th e bullet t hs . The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the Agency. SECTION 00130—AWARD AND EXECUTION OF CONTRACT SECTION 00130 Comply with Section 00130 of the Standard Specifications: SECTION 00140—Scope of Work Comply with Section 00140 of the Standard Specifications supplemented and/or modified as follows: 00140.90 Final Trimming and Cleanup Add the following bulleted items to this subsection: • Where private property(s)will be affected by construction but cannot realistically be restored to its pre-existing condition before the contractor will leave the site, agreement shall be reached with the owners of the property(s)regarding how the site shall be left and the Agency Inspector shall review the agreement before the excavation or other work begins. • Review clean-up of areas adjacent to private property with owners or owner's agents, grade non-landscaped shoulders,parkrows,or unsightly areas caused by the construction to a smooth condition free of sudden transitions,piles, or trip hazards,unless specific objections City of Ashland April 2016 78 of 91 are raised by the property owner or owner's agent, If objections are raised, contact Public Works Tnspector to inspect site and provide direction. Do not negatively impact trees or other adjacent plants. • Notify affected owners and occupants of adjacent properties of completion of clean-up prior to leaving the site and verify that no other clean-up work remains. Restoration of private properties shall be to the satisfaction of the property owner and may include re-seeding of staging areas. • Submit revised drawing of installed utility locations if location changed. SECTION 00150—Control of Work Comply with Section 00150 of the Standard Specifications supplemented and/or modified as follows: 00150.50 Cooperation with Utilities-Add the following subsection (f) Utility Information: There are no anticipated conflicts with the Utilities listed below. Contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction. Utility Company Phone Number City of Ashland Water Department(Steve Walker) (541) 488-5353 City of Ashland Wastewater Department(Jason Robustelli) (541) 488-5348 City of Ashland Electric Department(Thomas McBartlett) (541) 488-5357 Ashland Fiber Network (541) 552-2222 Avista Utilities (Mike Smith) (541) 858-4728 Charter Communications (Brad Dill) (541)282-8672 Qwest Communications (Jim Martin) (541) 776-8268 Energized power lines overhang portions of the Work with a minimum vertical clearance of 18 feet. Contractor shall maintain at least 10 feet of safety clearance. This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811. 00150.75 Protection and Maintenance of Work During Construction Add the following paragraph: City of Ashland April 2016 79of91 The Contractor shall clean and/or maintain existing streets,buildings, sidewalks, and other adjacent private improvements that are outside the work limits of this project if dirtied or damaged by construction activities. There will be no separate or added payment for this work. This requirement includes compliance with the City of Ashland track-out ordinance. 00150.97 Responsibility for Materials and Workmanship Add the following subsection: Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and,unless otherwise specified, the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting one year from the date of acceptance of the complete building or installation. The City of Ashland shall give notice of observed defects with reasonable promptness. SECTION 00160—Source Materials Comply with Section 00160 of the Standard Specifications. SECTION 00165—Quality of Materials Comply with Section 00165 of the Standard Specifications modified as follows: 00165.75 Storage and Handling of Materials—Replace the fmal two bullets with the following: • The contractor may use the City's `B' Street corporate yard for staging and storage of materials during the course of construction. Two weeks' notice must be given prior to staging materials or equipment to allow for accommodations of City owned equipment and materials to be made. Contact Street Superintendent Avram Biondo at 541-552-2345 to schedule access to the lot. SECTION 00170—Legal Relations and Responsibilities Comply with Section 00170 of the Standard Specifications modified as follows: 00170.03 Furnishing Right-of-Way and Permits Add the following to this subsection: Obtain all necessary Permits from the City of Ashland Public Works Department, &all other approving agencies where required including ODOT permit and required insurance also listing ODOT and the City of Ashland as additional insured parties, for all construction work within the Public Right of Way, in Public Utility Easements, or on Public Works owned or operated systems within or outside of City Limits a minimum of 3 days prior to commencing work. City of Ashland April 2016 80 of 91 Notify all adjacent property owners, occupants, other utility companies, and organizations operating underground facilities in the area at the time of the permit application. Provide adequate prior notice (min 72 hours)to allow those impacted by the work to adjust their schedules and patterns accordingly. Coordinate & adjust work as required to accommodate requests for shared trenching, common excavation, or coordination of layout and saw-cutting when requested by concurrent construction projects and utility facility operators. Notifications can be accomplished by mail, telephone conversation, door hangers, or door-to-door visit. Provide the following information in the notifications and update if the information provided changes: • Who will be doing the work&for whom (name and 24 hr phone number of contractor or permit holder). • What the project will consist of(e.g. excavation,patching, flatwork, etc), • Where the work will be done (in the public way and/or on private property), • When construction will begin and end (dates and time of day if outside normal working hours) 00170.62 Labor Nondiscrimination-Add the following sentence to the end of this subsection: It is a material term of this Contract that the Contractor certifies by entering into this Contract that the Contractor has a written policy and practice that meets the requirements described in ORS 279A.112 (House Bill 3060, 2017) for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of this Contract. Add the following subsection: 00170.67 Fees - The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules of the Commissioner. 00170.70(a) Insurance Coverages - The following insurance coverages and dollar amounts are required pursuant to this subsection: Insurance Coverages Combined Single Limit per Annual Aggregate Limit Occurrence Commercial General Liability $2,000,000 $2,000,000 Commercial Automobile $2,000,000 (aggregate limit not required) Liability Cify of Ashland April 2016 81 of 91 00170.70(c) Additional Insured-Add the following paragraph and bullets to the end of this subsection: Add the following as Additional Insured's under the Contract: The City of Ashland and its officers, agents, and employees Ashland City Council 00170.72 Indemnity/Hold Harmless - Add the following paragraph and bullets to the end of this subsection: Extend indemnity and hold harmless to the Agency and the following: The City of Ashland and its officers, agents, and employees Ashland City Council 00170.85 (b) Contractor Furnished Warranties Add the following paragraph to this subsection: The Contractor shall warrant all work perfomied under this Contract for a period of one (1) year from the date of final acceptance, as specified in Subsection 00150.97 (c) of these provisions. SECTION 00180—Prosecution and Progress Comply with Section 00180 of the Standard Specifications supplemented and/or modified as follows: 00180.05 Assignment/Delegation of Contract—Replace this subsection, except for the subsection number and title, with the following: Unless the Agency gives prior written consent,which will not be unreasonably withheld, the Contractor shall not assign, delegate, sell, or otherwise transfer or dispose of any rights or obligations under the Contract, whether voluntarily or involuntarily, and whether by merger, consolidation, dissolution, operation of law, or any other manner, including, without limitation: • The power to execute or duty to perform the Contract; or • Any of its right,title or interest in the Contract. Any purported or attempted assignment, delegation, sale, transfer or disposition without prior Agency consent shall be voidable. If written Agency consent is given to assign, delegate, sell, or otherwise transfer or dispose of any rights or obligations under the Contract, such consent shall not relieve the Contractor or its Surety City of Ashland April 2016 82of91 of any part of their duties, obligations, responsibilities, or liabilities under or pursuant to the Contract. 00180.06 Assignment of Funds Due under the Contract—Replace this subsection, except for the subsection number and title,with the following: Assignment of funds due or to become due under the Contract to the Contractor will not be permitted unless: • The assignment request is made on the form provided by the Agency; • The Contractor secures the written consent of the Contractor's Surety to the assignment; and • The Engineer gives prior written consent to the assignment, which will not be unreasonably withheld. Add the following subsection: 00180.40(c) Specific Limitations -Limitations of operations specified in these Special Provisions include, but are not limited to,the following: Limitations Subsection Cooperation with Utilities 00150.50 Cooperation with Other Contractors 00150.55 Railway Work 00170.01(e) Contract Completion Time 00180.50(h) Right-of-Way and Access Delays 00180.65 Traffic Lane Restrictions .00220.40(e) Special Events 00220.40(e) In-water Work Restrictions 00290.34(a) Noise Control 00290.32 00180.41 Project Work Schedules -After the paragraph that begins "One of the following Type..." add the following paragraph: In addition to the "look ahead" Project Work schedule, a Type A schedule as detailed in the Standard Specifications is required on this Contract. Add the following subsection: 00180.50(c) Beginning of Contract Time -Replace this subsection, except for the subsection number and title,with the following: When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin on the day the Contractor begins On-Site Work as defined in 00110.20. City of Ashland April 2016 83of91 Add the following subsection: 00180.50(h) Contract Time- There is one Contract Time on this Project as follows: The Contractor shall complete all Work to be done under the Contract before the elapse of 30 Calendar Days. 00190—Measurement of Pay Quantities Comply with Section 00190 of the Standard Specifications SECTION 00195—Payment Comply with Section 00195 of the Standard Specifications supplemented and/or modified as follows: 00195.50(e) Withholding Payments -Add the following bullet to the bullet list: • Paid all liquidated and delinquent debt owed to the State or any department or agency of the State. (In addition to Agency's other rights and remedies,the Agency may also undertake collection by administrative offset, or garnishment if applicable, of all monies due to recover such debt. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.) SECTION 00196—Payment for Extra Work Comply with Section 00196 of the Standard Specifications. SECTION 00197—Payment for Force Account Work Comply with Section 00197 of the Standard Specifications. SECTION 00199—Disagreements, Protests and Claims Comply with Section 00197 of the Standard Specifications. City of Ashland April 2016 84 of 91 PART II TECHNICAL SPECIFICATIONS PART 00200—TEMPORARY FEATURES AND APPURTENANCES SECTION 00205 - FIELD LABORATORY, WEIGHTIOUSE, ETC. Comply with Section 00205 of the Standard Specifications. SECTION 00210 - MOBILIZATION Comply with Section 00210 of the Standard Specifications. SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.03(b) Closures—Add the following to the of the second bullet: Notify all adjacent property owners or residents along each street to be slurry sealed at least 72 hours prior to the start of construction. Notice may be in the form of"door hangers" or by personal contact. 00220.03(b) Closures -Add the following bullet to the end of the bullet list: • On Street Parking- A minimum of 14 calendar days before closing on-street parking. After receiving written approval, provide 48 hours'public notification before limiting the on-street parking. 00220.40 General Requirements -Add the following subsection to the end of this section: Maintenance of Road Surface- If, at any time during the earthwork stage of construction a rain shower could occur,the Engineer may require the Contractor to place a layer of aggregate base material on the grade to ensure the safe movement of traffic.No payment will be made for this work. At no time shall the Contractor leave the surface of the roadway in a condition that could cause damage to vehicles. Aggregate subbase shall be covered with aggregate base rock prior to opening the roadway to public access or by end of work day. If not to grade, Contractor shall place a layer of aggregate base over the aggregate subbase. Payment for furnishing and placing this aggregate base material shall be paid for under the aggregate subbase bid item. City of Ashland April 2016 85of91 • During construction,the Contractor shall ensure that the road is always left in good condition, and damage to existing road surface caused by Contractor's equipment shall be repaired by the Contractor at his expense.At a minimum, a course of aggregate base material shall be graded and compacted to restore the road surface. In the event inclement weather increases damage to road surface,the Engineer reserves the right to stop work on the project. 00220.40(a)Traffic Nuisance Abatement-Add the following bulleted item: • Use of water to clean roadway surfaces is not permitted unless mechanical cleaning methods have been used and the Engineer determines the use of water is necessary. SECTION 00225—WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications. SECTION 00280 -EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.00 Scope-Add the following paragraph to the end of'this subsection: The Agency's NPDES 1200 CA Permit is applicable to the Project. SECTION 00290 -ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.32 Noise Control—Add the following paragraphs to the end of this section In addition to the restrictions above,the contractor must comply with the City of Ashland's Noise Ordinance,Ashland Municipal Code 9.08.170.B. Where ever there is a conflict between the City's code and the provisions of subsection 00290.30(d) of the Standard Specifications,the more restrictive provision shall apply. The Contractor shall be responsible for applying for any variances they deem to be desirable for their operations. Denial of any and all variance requests will not be considered in any requests for extension of time to complete work, or for increased compensation. Add the following subsection: 00290.36(c)Avoid Nesting- Comply with Migratory Bird Treaty Act(16 U.S.C. 703-712). Submit a migratory bird protection plan for review and approval at least 10 Calendar Days before the pre- construction conference. Include the following: City of Ashland April 2016 86 of 91 • Describe measures to avoid disturbance to migratory bird nesting habitat(vegetation, structures) from March 1 to September 1 of each year. Do not begin work until the migratory bird protection plan is approved. In the event the nesting birds or bats are encountered during construction, the Engineer may suspend the work according to 00180.70 00290.42 Tree Protection—Add the following section: City of Ashland Tree Protection The Contractor shall take all necessary precautions to avoid damage to existing trees within the work area. As a minimum, the contractor will provide the following: Protective Fencing: As indicated on the plans or as directed by the engineer, the contractor shall provide temporary Chain Link Fencing. Fencing shall be installed at the drip line of the trees. Chain link fencing shall occur around all existing trees and planted areas to be"saved and protected' and existing trees in adjacent areas,that occur within 30 feet of a demolition feature requiring the use of heavy equipment, for example, built structures,buildings and retaining walls, and around trees adjacent to the paths of travel for demolition and construction equipment. Install metal tee posts plumb and evenly spaced not to exceed eight feet along the fence line. Drive posts 18 to 24 inches into the ground; adjacent posts shall be within four inches of the same height above grade. All chain link fence support posts shall have a minimum spacing distance of eight feet on center. Posts shall be placed in 18-24 inches deep, six-inch diameter augured hole and backfilled with% inch minus crushed rock. All posts shall be made vertical and ridged to top of fence. If support roots of trees are encountered during post placement, move post to next acceptable location or consult the City's arborist. Tieback Protection: Protect existing trees and plants against any and all types of damage. Tie back .all flexible limbs and overhead branches which may, in the opinion of the Landscape Architect and or representative arborist,may be damaged by the passage or activity of equipment. Excavation: Minimize Excavation: Install shoring or other protective support systems to minimize sloping or benching of excavations. Excavation Within Drip Line: Do not excavate within tree drip line, unless otherwise indicated. No tree limbs may be removed without the written approval of the representative arborist. Excavation within drip line shall only occur under the direction of the representative arborist. Major lateral roots or taproots shall not be cut unless approved in writing by the arborist or under the direction of the representative arborist. Where excavation for new construction is required within tree drip lines, hand excavate to minimize e dama g e to roots systems. Use narrow-fines spading forks and comb soil to expose roots. • City of Ashland April 2016 87 of91 Notify project arborist to review areas of impact 48 hours prior to initiation of work. Relocate roots in backfill areas wherever possible. Roots encountered immediately adjacent to location of new construction and relocations are not practical, are to be cut appropriately three inches (75 mm)back from new construction. Prune torn roots with clean cut. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition and temporarily support and protect roots from damage until they are permanently relocated and covered with earth. Utility Trenching: Where utility trenches are required within tree drip lines, tunnel under or around any roots greater than two inches in diameter by drilling,pipe jacking, or digging by hand. Notify project representative arborist to review areas of impact 48 hours prior to initiation of work. Root Pruning: Do not cut main lateral roots or tap roots; cut only smaller roots that interfere with installation of new work. Cut roots with sharp pruning instruments; do not break or chop. If in doubt, contact arborist. Consult with arborist to determine if soil aeration may be necessary following utility installation if excessive compaction results from heavy equipment. Regrading: Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist. Notify project arborist to review areas of impact 48 hours prior to initiation of work. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or tap roots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. Do not alter original grade more than three inches (75 mm)within drip-line of retained trees. Minor Fills: Where existing grade is six inches (150 mm) or less below elevation of finish grade shown, fill with planting soil mix. Place planting soil mix in a single un-compacted layer and hand grade to required finish elevations. Tree Pruning: General: All tree pruning shall occur under the direction of the arborist. Notify the arborist to review areas of impact 48 hours prior to initiation of work. Evaluate all trees,which are to remain within the limits of work for desired pruning. Prune as directed by the arborist. City of Ashland April 2016 88of91 Prune to compensate for root loss caused by damaging or cutting root system,health of trees, appearance, and public safety. Provide subsequent maintenance during the Contract period as recommended by arborist. Cut branches with sharp pruning instruments; do not break or chop. Pruning Standards: Prune trees according to the National Arborist Association's"Pruning Standards for Shade Trees." Class II: Standard Pruning. Class III: Hazard Pruning. Class IV: Crown-reduction Pruning. Tree Care During Construction: Irrigation: Provide one inch of irrigation water per week to the root system during the growing season. Provide irrigation during the work of this contract. Construction Traffic: Construction traffic within tree protection zones is to be avoided. If limited access must occur,protect root zone from compaction with 4" layer of wood chips followed by a layer of plywood over all root zone areas subject to traffic. After construction,plywood and chips are to be removed. Tree Repair and Replacement: Promptly repair trees damaged by construction operations to prevent progressive deterioration. Remove and replace dead and damaged trees that the arborist determines to be incapable of restoring to a normal growth pattern. Disposal of Waste Materials: Burning on Owner's Property: Burning is not permitted on Owner's property. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner's property. 00290.90 Lump Sum Basis—Add the following paragraph: Payment shall be made only if there is a bid item, otherwise,providing environmental protection is considered incidental to one or more existing bid items. PART 00700—WEARING SURFACES Section 00706 -Emulsified Asphalt Slurry Seal Surfacing City of Ashland April 2016 89of91 SP00706 (2018 Specifications: 03-01-18) SECTION 00706 - EMULSIFIED ASPHALT SLURRY SEAL SURFACING Comply with Section 00706 of the Standard Specifications modified as follows: 00706.16 Tolerances and Limits - Replace the bullet that begins "The slurry consistency shall not..."with the following bullet: • The slurry consistency shall not vary more than plus or minus 0.2 inch from the job mix formula after field adjustments. City of Ashland April 2016 90 of 91 Executed in Duplicate Bond No. 30067646 Premium: $1,190.00 PERFORMANCE BOND The undersigned VSS International, Inc. as principal, further referred to in this bond as Contractor, and Western Surety Company , as surety,further referred to in this bond as Surety,are jointly and severally bound unto City of Ashland,as obligee,further referred to in this bond as City, in the sum of Three Hundred and Ninety Six Thousand Six Hundred & Eight Dollars and 18/100-- Dollars ($ 396,608.18 ). Contractor and City have entered into a written contract dated May 2 2019 ,for the following project: 2018-37 Street Slurry Seal Project. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract,the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors,administrators,'successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address,and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 30067646 Bond Agent: Andreini &Company City of Ashland Apd12010 70 of 91 Andreini &Company Address: 2010 Crow Canyon Place, Ste 320 San Ramon, CA 94583 Telephone: 925-884-2286 SIGNED this 24th day of May 2019. City of Ashland April 2016 71 of 91 PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: VSS International, Inc. By: �a-� Title: 14,00 ()rely. i s etc (Corporate Seal) Legal Address: 3785 Channel Drive West Sacramento, CA 95691 Attest: Corporate Secretary WITNESS: SURETY: Western Suret Coma By: (Corporate Seal) Title: Anibal Samuel Campos,Attorney-in-Fact Legal Address: 8880 Cal Center Drive, Ste 410 Sacramento, CA 95826 ( Attest: Corporate Secretary City of Ashland April 2016 72 of 91 • ACKNOWLEDGMENT 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 Yolo County of ) On May 24, 2019 before me, Victri Wackford, Notary Public (insert name and title of the officer) personally appeared Molly Travis 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 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTRI WACKFORD WITNESS my hand and official seal. NotaryPublic-California Yolo County Commission#1281178 4111m.Expires Mar 15,2023 / ; Signature � �-Cf_�� (Seal) • • r: .>...a...� • • • 7 • . CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of Contra Costa J} On MAY 2 4 2019 before me, Chelsea Arnold, Notary Public Date Here Insert Name and Title of the Officer personally appeared Anibal Samuel Campos 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 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the cHELsEAApNo o laws of the State of California that the foregoing Notary Pubuc-ca:ifomia paragraph is true and correct. �e_ r" Contra Costa County j � ) Commission xs 2280747 WITNESS my hand and official seal. My Car,-.Expires Ma .2. 202? Signature _L 4� I ,,. 4 9 Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual OK Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint • Steven N Passerine,Kathleen E Earle,Benjamin Wolfe,Anibal Samuel Campos,Individually of San Ramon,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of August,2018. �S >=f ., WESTERN SURETY COMPANY ° ice - u T.Bmflat,Vice President State of South Dakota County ofMinnehaha ss On this 9th day of August,2018,before me personally came Paul T.Bmflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires i J.Mara •f rageje June23,2021 0:7)9A4/1—j J.Mohr,,Notary Public CERTIFICATE 1,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of MaV , 2019 . ytltluy.y paSlJan Ei`o3 WESTERN SURETY COMPANY gm r� Pa= ff,SE AN,pi c-Dy. w,P!p.a neitglef L Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. ' • Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies, undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the Vice President,or such other corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vr P by W P Y Y ry, 4'. Y officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporat ion. The signature of any such officer and the corporate seal may be printed by facsimile. • • Bond No. 30067646 Executed in Duplicate PAYMENT BOND Premium Included in Performance Bond The undersigned VSS International, Inc. asprincipal,further referred to in this bond as Contractor, and Western Surety Company • , as surety,further referred to in this bond as Surety,are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, • in the sum of Three Hundred and Ninety Six Thousand Six Hundred & Eight Dollars and 18/100--- Dollars ($ 396,608.18 �. Contractor and City have entered into a written contract dated May 2, 2019 , for the following project: 2018-37 Street Slurry Seal Project. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default,perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 30067646 Bond Agent: Andreini &Company City of Ashland April 2016 73 of91 Andreini &Company Address: 2010 Crow Canyon Place, Ste 320 San Ramon, CA 94583 Telephone: 925-884-2286 SIGNED this 24th day of May 2019. • City of Ashland April2016 • 74 of 91 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: VSS International, Inc. By: (Corporate Seal) Title: wi\Adszvytc,_ , is Legal Address: 3785 Channel Drive II West Sacramento, CA 95691 Attest: Corporate Secretary { WITNESS: SURETY: Western Surety Company By: (Corporate Seal) Title: Anibal Samuel Campos, Attorney-in-Fact Legal Address: 8880 Cal Center Drive,Ste 410 Sacramento. CA 95826 Attest: Corporate Secretary City of Ashland April 2016 75 of 91 • ACKNOWLEDGMENT 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 Yolo ) On May 24, 2019 before me, Victri Wackford, Notary Public (insert name and title of the officer) personally appeared Molly Travis 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 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTRI WACKFORD WITNESS my hand and official seal. y`"° '� y � Notary Public•California Z _•: Yolo County r Commission If 2281178 ^ My Comm,Expires Mar 15,2023 Signature "9 ��z �-- (Seal) L • • • • Y s. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 . .-.vices,•:'e,,.,..-._'?;.:,...:'rs:...,..,... ,'•:i•,a,.a��s:..2`c..��s:3ic�a :�xc,.....,.,P_:_e,_.ti�..-,:`+cr as:X4:5;.,.,..e_,.rda:..,..+,..._ ........:.................. 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 Contra Costa )} On MAY 2 4 2019 before me, Chelsea Arnold, Notary Public Date Here Insert Name and Title of the Officer personally appeared Anibal Samuel Campos 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 which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the CHELSEA ARNOLD laws of the State of California that the foregoing l' Notary PAiic Canfornia Contra Costa County paragraph is true and correct. Commission=2280747 My Corr Expires Ma 12. 202? ' WITNESS my hand and official seal. Signature � _ Place Notary Seal and/or Stamp Above Signature of Notary Pub is OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual iX Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association Western Surety Company POWER OF ATTORNEY APPOINTINGINDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURELY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Steven N Passerine,Kathleen E Earle,Benjamin Wolfe,Anibal Samuel Campos,Individually of San Ramon,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of August,2018. WESTERN SURETY COMPANY IQ ok °.;z oo le,a; ;3,. `TeA�Qw /� /, vote a� _a G'•au T Bram,Vice President State of South Dakota County of Minnehaha ss On this 9th day of August,2018,before me personally came Paul T.Bright,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires C-7)9adelA----)J.MOwASSS �June 23,2021 �"" J.Motu,Notary Public CERTIFICATE f,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of May , 2019 . �.a.�tritei,` WESTERN SURETY COMPANY ..REiyC,�, bo�`a , va were OPRn,.B NutM L Nelson,Assistant Secretary Form F4280-7.2012 Go to www.cnasuretycom>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. . • Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies, undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • eersIvik nstucdon BUSINESS DETAIL Licensee:VSS INTERNATIONAL INC Address:PO BOX 981330 WEST SACRAMENTO CA 95798 License No.:65821 License Status:Active Date First Licensed:4/11/1990 Expiration Date:6/16/2020 Entity Type:Corporation Phone:(916)373-1500 Endorsement Type: Commercial General Contractor Level 1 Residential General Contractor Workers'Compensation/Independent Contractor Status:Nonexempt ADDITIONAL BUSINESS LICENSES AND CERTIFICATIONS CERTIFIED LEAD-BASED PAINT RENOVATION(LBPR)CONTRACTOR LICENSE: NO Required to bid and work on pre-1978 residential structures. OTHER BUSINESS INFORMATION WORKERS'COMPENSATION INSURANCE INFORMATION Coverage Carrier Policy No. Employee TRUMBULL INSURANCE COMPANY 51WEQU2540 Personal Election None None LIABILITY INSURANCE INFORMATION(History) Compny Amount Effective Through HARTFORD FIRE INS CO $2,000,000.00 3/1/2020 SURETY BOND INFORMATION(History) Type Comply Amoun Effective Through Residential WESTERN SURETY COMPANY $20,000.00 6/16/2020 Commercial WESTERN SURETY COMPANY $75,000.00 6/16/2020 PUBLIC WORKS BOND INFORMATION(History) Company Effective Dates WESTERN SURETY COMPANY 07/01/2009-(UNTIL CANCELLED) Exemption Expiration Date N/A ASSOCIATED INDIVIDUALS Corporate Officer MINOR,DIANE M Corporate Officer REED,JEFFREY R Corporate Officer REED,JORDAN XAVIER Corporate Officer ROBERTS,JEFF EDWARD RMI Owner REED,JEFFREY R Click here to see past associated individuals'names. ASSUMED BUSINESS NAMES(S) None Click here to see past assumed business names. BACK BACK TO CCB HOME I BACK TO SEARCH ©2019 Oregon Construction Contractors Board . 11 A STATE OF OREGON fee :s STATUTORY PUBLIC WORKS BOND Surety bond it: 92948 4325 CCB#(if applicable): We, Valley Slurry Seal Company ,as principal,and Western Surety Company , a corporation qualified and authorized to do business in the State of Oregon,as surety,are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon Bureau of Labor and Industries(BOLl)in the sum of thirty thousand dollars($30,000)lawfiil money of the United States of America to be paid as provided in ORS chapter 279C,as amended by Oregon Laws 2005,chapter 360,for which payment well and truly to be made,we bind ourselves,our heirs,personal representatives,successors and assigns,jointly and severally,firmly by this agreement. WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the provisions of ORS chapter 279C, as amended by Oregon Laws 2005,chapter 360,and is,therefore,required to obtain and file a statutory public works bond in the penal sum of$30,000 with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360, Oregon Laws 2005,conditioned as herein set forth. NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the principal as a contractor or subcontractor on public works project(s),shall pay all claims ordered by BOLI against the principal to workers performing labor upon public works projects for unpaid wages determined to be due,in accordance with ORS chapter 279C, as amended by Oregon Laws 2005,chapter 360,and OAR Chapter 839,then this obligation shall be void;otherwise to remain in full force and effect. This bond is for the exclusive purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works projects in accordance with ORS chapter 279C,as amended by Oregon Laws 2005,chapter 360. This bond shall be one continuing obligation,and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty of this bond. This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect until depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005,chapter 360,unless the surety sooner cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on contracts entered after cancellation by giving 30 days'written notice to the principal,the Construction Contractors Board,and BOLL, Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLI relating to work performed during the work period of a contract entered into before cancellation of this bond. IN WITNESS WHEREOF,the principal and surety execute this agreement. The surety fully authorizes its representatives in the State of Oregon to enter into this obligation. SIGNED,SEALED AND DATED this 1st day of July ,20 09 Surety by: Principal by: Western Surety Company (Seal) Valley Slurry Seal Company Company Name Name By: By: Signature Rosalie A. Miszkiel, Attorney—in—Fact Signature Attorney—in—Fact Title(e.g.Attorney-in-Fact) Title S Np) T Q4s�r ., y F P O_ R ox 981330 . , "As .4 .CooPP.. r p Address y e 9 , �1d . -a u . 0 'a 6 240t � 0,ti �$ ,V-;; n West Sacramento , CA 95798 Z. 4.4 Telep Ue Q .)pva..462T4 s City State Zip i GENERAL PURPOSE RIDER To be attached to and form part of Bond Number 929484325 effective 7/1/2009 issued by the Western Surety Company in the amount of Thirty Thousand Dollars and 00/100 DOLLARS, on behalf of Valley Slurry Seal Company. as Principal and in favor of State of Oregon as Obligee: Now, Therefore, it is agreed that: Surety has acknowledged Principal Name Change From: Valley Slurry Seal Company To: VSS International, Inc. It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 1st day of March 2013 Signed, sealed and dated this 21st day of July 2014 Valley Slurry Seal Company Western Surety Company (Principal) (Surety) Thomas R.Hucik Attorney-in-Fact Accepted By: Form F5340 a,--tat-V#1( CITY OF etSt4ka-A.A • c,iL. 45 1411 SUM ASHLAND BUSINESS REGISTRATION APPLICATION As required under Ashland Municipal Code Chapter 6.04 IMF Application Received Date Customer# CD New Registration (Issued within 14 business days) The application fee for a business registration is based on the fiscal year of July 1 to June 30. Non Profits are exempt from the fee if 501(c)(3)proof of Non Profit status is provided. Q Expedited Registration (Issued after start of business or approval needed within 3 business days) c Change of Ownership C Temporary Registration (Issued immediately) The fee for a Temporary Business Registration is$25.00 and valid for 30 days. BUSINESS INFORMATION Business Name(Please include all names associated with the business(i.e. corporations, DBA, etc.)) SS �1 a1irk/IA.044 ( L.1C Business Street Address Business Mailing Address(if different) 7ks' (1I ,,nel Delve_ City,State,Zip i City, State,Zip C Lc do to ( (fr&Business Telep ne: ( ) Email / - 373�/Sc Y�c_.-hr � l C/Cco21(0S/4rr�/r�'OWz Website / Do you own or rent this location: Own) Rent Anticipated Start Date of Business: (t: 1, 11,„, Type of Business: J 501(c)(3) 1944 Corporation 0 Limited Liability Corporation Limited Li bility Partnership O Partnership I]Sole Proprietorship If Contractor: CCB# Expires cp2/472 e) LCB# Expires BUSINESS OWNER AND EMERGENCY CONTACT INFORMATION Principal Owner Name(or corporation nar9e and contact person as appropriate) Principal Owner Mailing Address City, State,Zip 57 ('/ia„ne / :_Tr( /J�sti c_c°rc.He.th (' 7r69/ Owner Home Phone (Q/ ) Owner Cell Phone( ) 573-/5O ) Additional Owner Name,Address and Phone Emergency Contact Person and Relationship(c/o-owner, Property Manager, Leasing Agent,etc.) !�/4•tt 1— crs�i— C.Cm 5 .^u c 71ic-1-+ I1'IG//G Emergency Contact Phone number ( ) _ o,i3v Application continues on the following page. I ADDITIONAL BUSINESS INFORMATI Detailed description of Business Activity //1 / l/ / per_4_O� inl� ![�C��l c::'�" �li.,.i ei7k.�l C „!.>L� QP/✓/y/.,C &Am//s/7/!ci .sec_ Business Activity is defined as conducting any occupation, calling, trade, profession, rental activity, or other transactional activities, including rental of two(2)or more dwelling units and rental of any transient lodgings, with the intent of receiving payment or other valuable consideration. Dwelling Unit is defined as one or more rooms designed for occupancy by one(1)family and not having more than one(1) kitchen or cooking facility. Kitchen is defined as an area, any part of which is designed, built, used or intended to be used for food preparation and cooking or which contains a sink along with a refrigerator and a range, stove, or microwave. List number of Dwelling Units: ,4,2m Federal Tax IDISSN 2%y- ,1 7c7o Number of individuals working in Ashland Oregon Secretary of State Registry No. Building Square Footage *5;46 3/-S j' firs Is this a home business located within the city limits? Yes/No If Yes, please complete Home Occupation Permit Application Does this building have fire sprinklers?Yes(IVo, Is this business planning to discharge industrial wastewater into the City's wastewater system? Yes lo,' If Yes,you may need an Industrial Wastewater Discharge Permit. (Pick up an application at City Hall or contact the Wastewater Department at(541) 552-2335. After the application is reviewed,you will be notified if a permit is required or not. There is no fee required with this process. BUSINESS REGISTRATION FEE SCHEDULE Upon initial approval,the subsequent fiscal years will be billed unless the City is notified in writing of cancelation of registration. There will not be a partial refund for businesses that cease operation within the fiscal year. Registrant shall pay a prorated fee of$10 for each Prorated amount plus $5 for each additional employee month, or portion of a month, remaining in the fiscal after the first two. year from the date of the application,with a 575- 00 minimum fee of$25 Late Application Fee (Expedited Process) $25.00 f Temporary Business Registration Application Fee $25.00 .� Renewal Fee $75 for first 2 employees' plus$10 for each additional employee Late Renewal Fee (paid 30 days after the due date) '10%with a minimum of$25.00 Rental Property Fees Same as above for activity including six or more properties *Pursuant to AMC 6.04.020.E an employee is an individual who performs service for another individual or organization.The number of employees reported shall be the number of employees as of the date the new application or renewal will become effective if approved. It does not matter whether an individual is a full, part- time, or temporary employee for business license purposes. SIGNATURE I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore,that I have read, understood and agreed that the responsibility for complying with all applicable federal, state, or local laws, ordinances, or regulations rests solely with the applicant. Applicants signature 4.-c)evC•,L�`/ Title Print name name V I Ct 1Jce(L�-�Ut^c. Today's date rj -Z I— (9 Please submit the completed registration to the City of Ashland at 20 E. Main St, Ashland, OR 97520, or fax to (541)552-2059. For questions, please call (541)488-6004. DATE(MMDDYYYY)A` , CERTIFICATE OF LIABILITY INSURANCE 5/23/2019 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 have ADDITIONAL INSURED provisions or 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 Andreini&Company-San Mateo PHONE Kimbedy Ann FAX 220 West 20th Ave (NC.No,Est):650-3784305 (A/C,No):650-378-4361 San Mateo CA 94403 n' RE D D SS: Kann @andreini.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Co. 19682 • INSURED BASIC-1 INSURER e:Berkshire Hathaway Specialty 22276 VSS International, Inc. 3785 Channel Drive INSURER C: West Sacramento, CA 95691 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1440735480 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODLSUBR POUCYEFF POLICY EXP LIMITS LW INSR,WILD POLICY NUMBER IMM/OD/YYYY) (MM/DDMNYI A X COMMERCIAL GENERAL LIABILITY V 51CSEQU2541 3/1/2019 3/1/2020 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE X l OCCUR PREMISES Ea occu RENTED $100,000 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X 'E X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILELIABIUTY V 51CSEQU2542 3/1/2019 3/1/2020 COMBINEDSINGLE LIMIT $2,000,000 (Ea accitlenp X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X MCS 90(VSS) $ B X UMBRELLAUAB X OCCUR 47UM010050404 3/1/2019 3/1/2020 EACH OCCURRENCE 82,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ DED X RETENTIONS in Wort $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE ER CA Self Insured ANYPROPRIETOR/PARTNER/EXECUTIVE I�I NIA E.L.EACH ACCIDENT $Certifcate#2106 OFFICERIMEMBEREXCLUDED? I I (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $ A Owned Auto Physical Damage Ded. 51CSEQU2542 3/1/2019 3/1/2020 Comp/Coll $5,000 Hired Auto Physical Damage Ded. Comp/Coll $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Contractors Pollution Liability-Policy#CP05999259,AIG Specialty Insurance Co.;Eff Date 3/1/2019 Exp Date 3/1/2020- Limit Each Loss $2,000,000/Aggregate Limit$4,000,000 VSSI Job#19-045:The City of Ashland 2019 Slurry Seal Project No.2018-37 The City of Ashland,its officials,officers,agents,employees and volunteers are included as additional insured on a primary and non-contributory basis with regard to General and Auto Liability per terms of the attached endorsements HG00010916 and HA99160312. 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. City of Ashland • 20 E. Main Street AUTHOR! ED REPRESENTATIVE Ashland OR 97520 REPRESENTATIVE Ashland ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy#51CSEQU2542 COMMERCIAL AUTOMOBILE Policy Term: 03/01/2019 -03/01/2020 HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured' than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement rf: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture. amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement. that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto.' Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add 2011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties. Inc.. with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured, agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional Insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs(3)and(4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance, Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS. in the same manner as the Named Insured. 0 2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A 4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance limit of S50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000 EXCLUSION 5, FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance" of the loan:lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments, penalties. interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own. then the Physical Damage mileage charges; excess wear and tear charges. Coverages provided are extended to "autos"you lease termination fees, security deposits not hire or borrow, subject to the following limit. returned by the lessor: costs for extended warranties, credit life Insurance. health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto"is- lease: and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss", or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage y COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs 6.4 - and excess provisions, we will provide coverage EXCLUSIONS of SECTION ill PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired"auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident', you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss; subject to a maximum of $1000 per electrical system that, at the time of "loss", "accident" IS. This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto": "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company). which is permanently installed in or members of their households. or upon the covered"auto": (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2) above; or 2011 The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties. Inc . with its permission ) Page 3 of S (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc.company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, ft will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT 0 F ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an"accident"applies only when the"accident"is known to: (1) Permanently installed in or upon (1) You, if you are an Individual; the covered "auto" in a housing, opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment;or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered"auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A, -COVERAGE-of SECTION territory with respect to Liability Coverage is Ill - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for auto" you. "bodily injury" or "property damage" is determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ®2011, The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss. the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "toss" is 510,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision. The definition of "'bodily injury" in SECTION V- a A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas_ mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors: and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss. or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive. Specified Causes of which are displayed on the covered"auto"at the Loss, or Collision coverages are provided under time of total loss Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss. the most we will pay Damage Coverages are amended as follows under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is S5,000 For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2.500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss." CCJ 201'I, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission 1 Page 5 of 5 • Policy# 51CSEQU2541 • Policy Term: 03/01/2019 to 03/01/2020 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The"bodily injury" or"property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the"coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II —Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I—COVERAGES or resumption of such "bodily injury" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence"or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence"and settle any claim or"suit" injury" or"property damage"; or that may result. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages is limited as described in Section III — Limits "bodily injury" or "property damage" has occurred or has begun to occur. Of Insurance; and (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include we have used up the applicable limit of damages claimed , any person or insurance in the payment of judgments or organization for care, time from services he "bodily or settlements under Coverages A or B or death resulting at any time from the "bodily medical expenses under Coverage C. injury". No other obligation or liability to pay sums or e. Incidental Medical Malpractice And Good Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments—Coverages A and B. or failure to render the following health care b. This insurance applies to "bodily injury" and services by any "employee" or "volunteer damage" only if: worker" shall be deemed to be caused by an "property "occurrence"for: HG 00 01 09 16 Page 1 of 21 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) • (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that party's defense has also ray or nursing services or treatment, been assumed in the same "Insured advice or instruction, or the related contract"; and furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction; or against a civil or alternative dispute resolution proceeding in which (c) The furnishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances; or (2) First aid services, which include: c. Liquor Liability (a) Cardiopulmonary resuscitation, "Bodily injury" or "property damage" for which whether performed manually or with a any insured may be held liable by reason of: defibrillator; or (1) Causing or contributing to the intoxication (b) Services performed as a Good of any person; Samaritan. (2) The furnishing of alcoholic beverages to a person under the legal drinking age or For the purpose of determining the limits of under the influence of alcohol; or insurance, any act or omission together with all related acts or omissions in the furnishing (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one"occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured; or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended Injury transportation with respect to any person that may be under the influence "Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or(3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you are in the business of manufacturing, "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement; or for such activity, is not by itself considered the (2) Assumed in a contract or agreement that business of selling, serving or furnishing alcoholic beverages. is an "insured contract", provided the "bodily injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages "Bodily injury"to: because of "bodily injury" or "property (1) An "employee"of the insured arising out of damage", provided: and in the course of: Page 2 of 21 HG 00 01 09 16 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages with responsible; or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any This exclusion does not apply to liability contractors or subcontractors working assumed by the insured under an "insured directly or indirectly on any insured's y behalf are performing operations if the contract". "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury"or"property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of"mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, from other operating fluids escape fumes, vapor or soot produced by hold s vehicle cei designed to or originating from equipment that hold, store or receive them.if This is used to heat, cool or dehumidify exception does not apply if the the building, or equipment that is arises injury" or "property damage) used to heat water for personal arises out of the intentional use, by the building's occupants or the dispersal s release other er their guests; the fuels, lubricants or other operating fluids, or if such fuels, (ii) "Bodily injury"or"property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (ii) "Bodily injury"or dama e" insured at that premises, site or ( ) n y g location and such premises, site or sustained the l building and location is not and never was fumes or tae release of terials owned or occupied by, or rented or fumes or vopoth from materials loaned to, any insured, other than brought into that building in that additional insured; or pennemed by with operations r oyour beial performed by you or on your behalf (iii) "Bodily injury"or"property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes "Bodily injury"or"property damage" from a"hostile fire"; (Hi) y l y g arising out of heat, smoke or fumes (b) At or from any premises, site or from a"hostile fire"; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 directly or indirectly on any insured's to, premises you own or rent, provided the behalf are performing operations if the "auto" is not owned by or rented or loaned operations are to test for, monitor, to you or the insured; clean up, remove, contain, treat, (4) Liability assumed under any "insured detoxify or neutralize, or in any way contract" for the ownership, maintenance respond to, or assess the effects of, or use of aircraft or watercraft; "pollutants". (5) "Bodily injury" or "property damage" (2) Any loss, cost or expense arising out of arising out of: any: (a) Request, demand, order or statutory or (a) The operation of machinery or ( ) q Y equipment that is attached to, or part regulatory requirement that any of, a land vehicle that would qualify insured or others test for, monitor, under the definition of "mobile clean up, remove, contain, treat, equipment" if it were not subject to a detoxify or neutralize, or in any way compulsory or financial responsibility respond to, or assess the effects of, law or other motor vehicle insurance "pollutants"; or law where it is licensed or principally (b) Claim or suit by or on behalf of a garaged; or governmental authority for damages (b) The operation of any of the machinery because of testing for, monitoring, or equipment listed in Paragraph f.(2) cleaning up, removing, containing, or f.(3) of the definition of "mobile treating, detoxifying or neutralizing, or equipment"; or in any way responding to, or assessing the effects of, "pollutants". (6) An aircraft that is not owned by any insured and is hired, chartered or loaned However, this paragraph does not apply to with a paid crew. However, this exception liability for damages because of "property does not apply if the insured has any other damage" that the insured would have in insurance for such "bodily injury" or the absence of such request, demand, "property damage", whether the other order or statutory or regulatory insurance is primary, excess, contingent requirement, or such claim or "suit" by or or on any other basis. on behalf of a governmental authority. g. Aircraft,Auto Or Watercraft h. Mobile Equipment "Bodily injury" or "property damage" arising "Bodily inju ry" or "property damage" arisin g out of: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or (1) The transportation of "mobile equipment" watercraft owned or operated by or rented or by an "auto" owned or operated by or loaned to any insured. Use includes operation rented or loaned to any insured; or and "loading or unloading". (2) The use of"mobile equipment" in, or while This exclusion applies even if the claims in practice for, or while being prepared for, against any insured allege negligence or any prearranged racing, speed, other wrongdoing in the supervision, hiring, demolition, or stunting activity. employment, training or monitoring of others i. War by that insured, if the "occurrence" which "Bodily injury" or"property damage", however caused the "bodily injury" or "property caused, arising, directly or indirectly, out of: damage" involved the ownership, maintenance, use or entrustment to others of (1) War, including undeclared or civil war; any aircraft, "auto" or watercraft that is owned (2) Warlike action by a military force, including or operated by or rented or loaned to any action in hindering or defending against an insured. actual or expected attack, by any This exclusion does not apply to: government, sovereign or other authority using military personnel or other agents; (1) A watercraft while ashore on premises you or own or rent; (3) Insurrection, rebellion, revolution, usurped (2) A watercraft you do not own that is: power, or action taken by governmental (a) Less than 51 feet long; and authority in hindering or defending against (b) Not being used to carry persons for a any of these. charge; j. Damage To Property (3) Parking an "auto" on, or on the ways next "Property damage"to: Page 4 of 21 HG 00 01 09 16 (1) Property you own, rent, or occupy, This exclusion does not apply if the damaged including any costs or expenses incurred work or the work out of which the damage by you, or any other person, organization arises was performed on your behalf by a or entity, for repair, replacement, subcontractor. enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage to another's property; "Property damage" to "impaired property" or property that has not been physically injured, (2) Premises you sell, give away or abandon, arising out of: if the "property damage" arises out of any part of those premises; (1) A defect, deficiency, inadequacy or (3) Property loaned to you; dangerous condition in "your product" or ( ) P Y Y "your work"; or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage"arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products,Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly performed on it. Damages claimed for any loss, cost or expense incurred by you or others for the loss Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the of: contents of such premises, rented to you for a period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section Ill—Limits Of Insurance. if such product,work, or property is withdrawn Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by known or suspected defect, deficiency, you. inadequacy or dangerous condition in it. Paragraphs (3) and (4) of this exclusion do o. Personal And Advertising Injury not apply to "property damage" arising from the use of elevators. "Bodily injury" arising out of "personal and advertising injury". Paragraphs (3), (4), (5) and (6) of this p. Access or Disclosure Of Confidential Or exclusion do not apply to liability assumed Personal Information And Data-related under a sidetrack agreement. Liability Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit card information, health information or any k. Damage To Your Product other type of nonpublic information; or "Property damage" to "your product" arising (2) The loss of, loss of use of, damage to, out of it or any part of it. corruption of, inability to access, or I. Damage To Your Work inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of it and included in the claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 • • public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or(2) above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of"bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an"asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled (1) The Telephone Consumer Protection Act equipment. (TCPA), including any amendment of or q. Employment-Related Practices addition to such law; "Bodily injury"to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act(FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of"bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act(FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of 2003 or FCRA (1) Whether the injury-causing event and their amendments and additions, that described in the definition of"employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material or information. (2) Whether the insured may be liable as an employer or in any other capacity; and Damage To Premises Rented To You — (3) To any obligation to share damages with Exception For Damage By Fire, Lightning Or Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not r. Asbestos apply to damage by fire, lightning or explosion to premises while rented to you or temporarily (1) "Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the"asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury" hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 • discretion, investigate any offense and settle use another's "advertising idea" in your any claim or"suit"that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — limited as described in Section III — Limits Failure To Conform To Statements Of Insurance; and "Personal and advertising injury"arising out of (2) Our right and duty to defend end when we the failure of goods, products or services to have used up the applicable limit of conform with any statement of quality or insurance in the payment of judgments or performance made in your"advertisement". settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. No other obligation or liability to pay sums or "Personal and advertising injury"arising out of g y p y the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary Payments—Coverages A and B. i. Infringement Of Intellectual Property Rights b. This insurance applies to "personal and advertising injury" caused by an offense (1) "Personal and advertising injury" arising arising out of your business but only if the out of any actual or alleged infringement offense was committed in the "coverage or violation of any intellectual property territory" during the policy period. rights such as copyright, patent, trademark, trade name, trade secret, trade 2. Exclusions dress, service mark or other designation This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam "Personal and advertising injury"arising out of or "suit" that also alleges an infringement an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insured with the expectation of inflicting infringement or violation is made by you or "personal and advertising injury". by any other party involved in the claim or b. Material Published With Knowledge Of incur, regardless otherwise of whether this Falsity insurance would otherwise apply. "Personal and advertising injury"arising out of However, this exclusion does not apply if the oral, "Personal and or electronic injury" in any only allegation in the claim or "suit" involving any intellectual property right is limited to: manner, of material, if done by or at the direction of the insured with knowledge of its (1) Infringement, in your"advertisement", of: falsity. (a) Copyright; c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury"arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea"or style of"advertisement". period. j. Insureds In Media And Internet Type d. Criminal Acts Businesses "Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. e. Contractual Liability (1) Advertising, broadcasting, publishing or ty telecasting; "Personal and advertising injury"for which the (2) Designing or determining content of web insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to liability for damages that the insured would (3) An Internet search, access, content or have in the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the "Personal and advertising injury" arising out of a Definitions Section. breach of contract, except an implied contract to HG00010916 Page 7of21 For the purposes of this exclusion, the placing "Personal and advertising injury" arisin out P P P 9 9 arising of frames, borders or links, or advertising, for of: you or others anywhere on the Internet, is not (1) An "advertisement"for others on your web by itself, considered the business of site; advertising, broadcasting, publishing or telecasting. (2) Placing a link to a web site of others on k. Electronic Chatrooms Or Bulletin Boards your web site; (3) Content, including information, sounds, "Personal and advertising injury"arising out of text, graphics, or images from a web site an electronic chatroom or bulletin board the of others displayed within a frame or insured hosts, owns, or over which the border on your web site; or insured exercises control. I. Unauthorized Use Of Another's Name Or (4) Computer code, software or programming used to enable: Product "Personal and advertising injury"arising out of (a) Your web site; or the unauthorized use of another's name or (b) The presentation or functionality of an product in your e-mail address, domain name "advertisement" or other content on or metatags, or any other similar tactics to your web site. mislead another's potential customers. q. Right Of Privacy Created By Statute m. Pollution "Personal and advertising injury"arising out of "Personal and advertising injury" arising out of the violation of a person's right of privacy the actual, alleged or threatened discharge, created by any state or federal act. dispersal, seepage, migration, release or However, this exclusion does not apply to escape of"pollutants"at any time. liability for damages that the insured would n. Pollution-Related have in the absence of such state or federal act. Any loss, cost or expense arising out of any: r. Violation Of Anti-Trust law (1) Request, demand, order or statutory or regulatory requirement that any insured or "Personal and advertising injury"arising out of others test for, monitor, clean up, remove, a violation of any anti-trust law. contain, treat, detoxify or neutralize, or in s. Securities any way respond to, or assess the effects "Personal and advertising injury"arising out of of, "pollutants"; or the fluctuation in price or value of any stocks, (2) Claim or suit by or on behalf of a bonds or other securities. governmental authority for damages t. Recording And Distribution Of Material Or because of testing for, monitoring, Information In Violation Of Law cleaning up, removing, containing, treating, detoxifying or neutralizing, or in "Personal and advertising injury" arising any way responding to, or assessing the directly or indirectly out of any action or effects of, "pollutants". omission that violates or is alleged to violate: o. War (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or "Personal and advertising injury", however addition to such law; caused, arising, directly or indirectly, out of: (2) The CAN-SPAM Act of 2003, including (1) War, including undeclared or civil war; any amendment of or addition to such law; (2) Warlike action by a military force, including (3) The Fair Credit Reporting Act(FCRA), and action in hindering or defending against an any amendment of or addition to such law, actual or expected attack, by any including the Fair and Accurate Credit government, sovereign or other authority Transaction Act(FACTA); or using military personnel or other agents; (4) Any federal, state or local statute, or ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, transmitting, Others communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 • u. Employment-Related Practices information or any other type of nonpublic "Personal and advertising injury"to: information. (1) A person arising out of any "employment— This exclusion applies even if damages are related practices"; or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any "employment-related any person's or organization's confidential or practices"are directed. personal information. This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an employer or in any other capacity; and (2) On ways next to premises you own or rent; or (3) To any obligation to share damages with or repay someone else who must pay (3) Because of your operations; damages because of the injury. provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory"and during the policy period; out of the"asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses for: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos (3) Necessary ambulance, hospital, hazard"; or professional nursing and funeral services. (c) Arise out of any claim or suit for 2. Exclusions damages because of testing for, monitoring, cleaning up, removing, We will not pay expenses for"bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured, except"volunteer workers". way responding to or assessing the effects of an "asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury"arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial information, credit card information, health d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 • any insured, if benefits for the"bodily injury'are party to the "suit", we will defend that indemnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an "insured contract"; instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products Completed Operations Hazard defense of, that indemnitee, has also been Included within the "products-completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the information we know about the "occurrence" Excluded under Coverage A. are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A AND B interests of the indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the insured ask us to investigate or settle, or any "suit" against an conduct and control the defense of that insured we defend: indemnitee against such "suit" and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the"suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and including actual loss of earnings up to $500 a day because of time off from work. (d) Cooperate with us with respect to coordinating other applicable e. All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the"suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such"suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. If we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is also named as a of insurance. Page 10 of 21 HG 00 01 09 16 • Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements; or related to the conduct of your business; b. The conditions set forth above, or the terms of the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co-"employee" or that SECTION II—WHO IS AN INSURED "volunteer worker" as a consequence of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a)or(1)(b) above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b) and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or"volunteer worker" providing first aid only with respect to their duties as your services; and managers. d. An organization other than a partnership,joint (b) Subparagraph (1)(d) above does not venture or limited liability company, you are apply any nurse, emergency medical o an insured. Your "executive officers" and technician paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while performing duties related to the conduct of member (if you are a limited liability p g company). your business, or your "employees", other than either your"executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, • but only: However, none of these "employees" or "volunteer workers" are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury"or""personal and advertising maintenance or use of that property; and ( ) y y p (2) Until your legal representative has been injury": appointed. (a) To you, to your partners or members (if you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the The insurance afforded herein for any injury or damage occurs subsequent to the execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products"which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury" or"property damage"for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. This exclusion does not apply to With respect to watercraft you do not own that is liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 • undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in part, substance by or for the vendor; or by your acts or omissions or the acts or damage" omissions of those acting on your behalf: (h) "Bodily injury" or "property (1) In connection with your premises; or t arising out of the sole negligence of the vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub- additional insureds, the following additional paragraphs(d) or(f); or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply: 11G 00 01 09 16 Page 13 of 21 (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury" or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury", involved the rendering of or the failure to render any Any other person or organization who is not professional services by or for you. an additional insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage" insureds is described in Section III — Limits Of or"personal and advertising injury" caused, in Insurance. whole or in part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV — (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you; or joint venture or limited liability company that is not (3) In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III—LIMITS OF INSURANCE operations hazard", but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured; and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for "bodily injury" or"property damage" b. Claims made or"suits" brought; or included within the "products- completed operations hazard". c. Persons or organizations making claims or bringing "suits". However: 2. General Aggregate Limit (1) The insurance afforded to such additional insured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement, the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than "property damage" included in the "products- that which you are required by the contract completed operations hazard"; and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds, this insurance does The Products-Completed Operations Aggregate not apply to: Limit is the most we will pay under Coverage A "Bodily injury", "property damage" or for damages because of "bodily injury" and "personal and advertising injury"arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard". professional architectural, engineering or surveying services, including: 4. Personal And Advertising Injury Limit (1) The preparing, approving, or failing to Subject to 2. above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damages change orders or drawings and because of all "personal and advertising injury" specifications; or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 5. Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14 of 21 HG 00 01 09 16 b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all "bodily injury" and "property You or any additional insured must see to it damage" arising out of any one"occurrence". that we are notified as soon as practicable of 6. Damage To Premises Rented To You Limit an "occurrence" or an offense which may result in a claim. To the extent possible, Subject to 5. above, the Damage To Premises notice should include: Rented To You Limit is the most we will pay under Coverage A for damages because of (1) How, when and where the "occurrence" or "property damage" to any one premises, while offense took place; rented to you, or in the case of damage by fire, (2) The names and addresses of any injured lightning or explosion, while rented to you or persons and witnesses; and temporarily occupied by you with permission of (3) The nature and location of any injury or the owner. damage arising out of the "occurrence" or In the case of damage by fire, lightning or offense. explosion, the Damage to Premises Rented To b. Notice Of Claim You Limit applies to all damage proximately caused by the same event, whether such If a claim is made or "suit" is brought against damage results from fire, lightning or explosion any insured, you or any additional insured or any combination of these. must: 7. Medical Expense Limit (1) Immediately record the specifics of the claim or"suit" and the date received; and Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all (2) Notify us as soon as practicable. medical expenses because of "bodily injury" You or any additional insured must see to it sustained by any one person. that we receive written notice of the claim or 8. How Limits Apply To Additional Insureds "suit" as soon as practicable. If you have agreed in a written contract or written c. Assistance And Cooperation Of The agreement that another person or organization Insured be You and any other involved insured must: added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the"suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of less than 12 months. In that case, the additional No insured will, except at that insured's own period will be deemed part of the last preceding cost, voluntarily make a payment, assume period for purposes of determining the Limits of any obligation, or incur any expense, other Insurance. than for first aid, without our consent. SECTION IV — COMMERCIAL GENERAL e. Additional Insureds Other Insurance LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 • contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance. insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional insured only when such Risk, Installation Risk or similar coverage "occurrence", offense, claim or"suit" is known for"your work"; to: (2) Premises Rented To You (1) You or any additional insured that is an individual; That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion j. of Section I - Coverage A - b. To sue us on this Coverage Part unless all of Bodily Injury And Property Damage Liability; its terms have been fully complied with. A person or organization may sue us to recover (6) When You Are Added As An Additional p 9 Y Insured To Other Insurance on an agreed settlement or on a final judgment against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c. agreed in a written contract or written below. agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 primary, we will share with all that 5. Premium Audit other insurance by the method a. We will compute all premiums for this described in c. below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured. contributory with the additional The due date for audit and retrospective insured's own insurance, this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. insured has been added as an additional c. The first Named Insured must keep records of insured. the information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duty under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that"suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy, you agree: entitled to the insured's rights against all (1) The statements in the Declarations are those other insurers. accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us; and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss in the If unintentionally you should fail to disclose all absence of this insurance; and hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss, if any, with coverage under this Coverage Part because any other insurance that is not described in of such failure. this Excess Insurance provision and was not 7. Separation Of Insureds bought specifically to apply in excess of the Except with respect to the Limits of Insurance, Limits of Insurance shown in the Declarations and any rights or duties specifically assigned in of this Coverage Part. this Coverage Part to the first Named Insured, c. Method Of Sharing this insurance applies: If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured; and this method also. Under this approach each b. Separately to each insured against whom insurer contributes equal amounts until it has paid its applicable limit of insurance or none claim is made or"suit" is brought. of the loss remains, whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurer's share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily injury" means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization for all or part of any payment, including b. Sickness; or Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above, mental anguish or death at any time. of recovery against such person or organization in a contract, agreement or 6. "Coverage territory" means: permit that was executed prior to the injury or a. The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renew this Coverage Part, we b. International waters or airspace, but only if will mail or deliver to the first Named Insured the injury or damage occurs in the course of shown in the Declarations written notice of the travel or transportation between any places nonrenewal not less than 30 days before the included in a. above; or expiration date. c. All other parts of the world if the injury or If notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V—DEFINITIONS the territory described in a. above; 1. "Advertisement" means the widespread public (2) The activities of a person whose home is dissemination of information or images that has in the territory described in a. above, but is the purpose of inducing the sale of goods, away for a short time on your business; or products or services through: (3) "Personal and advertising injury" offenses a. (1) Radio; that take place through the Internet or similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (including its territories and possessions), (5) Newspaper; or Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7. "Employee" includes a "leased worker". However, "advertisement" does not include: "Employee" does not include a "temporary a. The design, printed material, information or worker". images contained in, on or upon the 8. "Employment-Related Practices" means: packaging or labeling of any goods or products; or a. Refusal to employ that person; b. An interactive conversation between or b. Termination of that person's employment; or among persons through a computer network. c. Employment-related practices, policies, acts 2. "Advertising idea" means any idea for an or omissions, such as coercion, demotion, "advertisement". evaluation, reassignment, discipline, defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere presence of asbestos in any form. 9. "Executive officer" means a person holding any of the officer positions created by your charter, 4. "Auto" means: constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 10."Hostile fire" means one which becomes any attached machinery or equipment; or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a intended to be. compulsory or financial responsibility law or Page 18 of 21 HG 00 01 09 16 11."Impaired property" means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders, change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; or if such property can be restored to use by the repair, replacement, adjustment or removal of (2) Under which the insured, if an architect, "your product" or"your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering or failure to render 12."Insured contract" means: professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker'. Section III—Limits of Insurance; 14."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or"auto"; operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto"; or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or"auto". which you assume the tort liability of another party to pay for "bodily injury" or "property 15."Mobile equipment" means any of the following damage" to a third person or organization, types of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers,farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for d. Vehicles, whether self-propelled or not, "bodily injury" or "property damage" arising out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road-beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described in a., b., c. or d.above of: that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 primarily to provide mobility to permanently e. Oral, written or electronic publication, in any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement", a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b., c. or d. above "advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not"mobile equipment" but will reconditioned or reclaimed. be considered "autos": 19."Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal; damage" occurring away from premises you own or rent and arising out of "your product" (b) Road maintenance, but not or"your work" except: construction or resurfacing; or (c) Street cleaning; (1) Products that are still in your physical possession; or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b) When all of the work to be done at the However, "mobile equipment" does not include any land vehicle that is subject to a compulsory job site has been your contract calls for work ork at at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization "autos". other than another contractor or subcontractor working on the same 16."Occurrence" means an accident, including project. continuous or repeated exposure to substantially the same general harmful conditions. Work that may need service, maintenance, correction, repair or 17."Personal and advertising injury" means replacement, but which is otherwise injury, including consequential "bodily injury", complete, will be treated as completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest, detention or imprisonment; damage" arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 completed operations are subject to the 24."Your product": General Aggregate Limit. a. Means: 20."Property damage" means: (1) Any goods or products, other than real a. Physical injury to tangible property, including property, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it; or (b) Others trading under your name; or b. Loss of use of tangible property that is not (c) A person or organization whose physically injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and "occurrence"that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information, facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness, b. Created or used on; or quality, durability, performance or use of "your product"; and c. Transmitted to or from; (2) The providing of or failure to provide computer software, including systems and warnings or instructions. applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing c. Does not include vending machines or other devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf; and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the insured must submit or does submit with our b. Includes consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with your work", and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 STATE OF CALIFORNIA Gavin Newsom,Governor DEPARTMENT OF INDUSTRIAL RELATIONS ro t OFFICE OF SELF-INSURANCE PLANS �� •S 11050 Olson Drive,Suite 230 Rancho Cordova,CA 95670 Phone No.(916)464-7000 FAX(916)464-7007 CERTIFICATION OF SELF-INSURANCE OF WORKERS'COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self-Insure No,2106-C was issued by the Director of Industrial Relations to: VSS International,Inc. under the provisions of Section 3700,Labor Code of California with an effective date of August I,1988. The certificate is currently in full force and effective. Dated at Sacramento,California This day the 3 lst of January 2019 ,� Lyn Asio Booz,Chief ORIG: Krissy Deleon Eh&S Specialist Basic Resources,Inc. 938 12th Street,Ste.700 Modesto,Ca 95354 NUMBER : 2106 - C STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS TO CERTIFY, That VSS International, Inc. (Name of Subsidiary) STATE OF INCORPORATION CA Basic Resources, Inc. (Master CertificateHolder) STATE OF INCORPORATION CA has complied with the requirements of the Director of Industrial Relations raider the.provisions of Sections 3700 to 3705,inclusive,of the Labor Code of the State of , California and is hereby granted this Certificate of Consent to Self-Insure,holder of Master Certificate No,2106. This certificate may be revoked at any time for good cause shown."' tt t i 4 1 I fJ J, ° EFFECTIVE DATE : August 1, 1988 DEPARTMENT OF INDUSTRIAL RELATIONS `t < t ' , OF THE STATE OF CALIFORNIA (,, • f, • • „„ Jon Wroten,Chief Christine Baker,Director *Revocation of Certificate.--'A certificate of consent to self-insure may be revoked by the Director of industrial Relations at any time for good cause aRcr a hearing. Good cause includes,among other things,the impairment of solvency of such employer,the inability of the employer to fulfill his obligations,or the practice of such employer or his agent in charge of the administration of obligations,under the this division of any of the following:(a)Habitually and as a natter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due;(h)Discharging his compensation obligations in a dishonest manner;(c)Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with hitn:"(Section 3702 of Labor Code.)The Certificate may be revoked for non compliance with Title 8,California Administrative Code,Group 2--Administration of Self Insurance • [ S]//111•M ILIUM fTERfRTIOfRL May 29, 2019 City of Ashland 20 E. Main Street Ashland OR 97520 RE: 2019 Slurry Seal Project No. 2018-37 REF: Waiver of Subrogation VSS International, Inc. is licensed by the State of California to be self-insured for Workers Compensation (2106-C). VSS International, Inc. agrees to waive all rights of subrogation against The City of Ashland, its officers, officials, employees and volunteers for losses paid under the terms of this policy/program which arise from the work performed by VSS International Inc., for the 2019 Slurry Seal Project No. 2018-37. Yours Truly, A notary public or other officer completing this VSS In runational, Inc. certificate verifies only the identity of the individual who signed the document to which this certificate is vO \ '—- attached, and not the truthfulness, accuracy, or validity 1w N �,-„_�- of that document. Molly Travis Secretary State of California County of Yolo Subscribed and sworn to (or affirmed) before me on this day of 44 y , Zci by ary Pu We-Cah1D T ' ��•''" Notary Public-California = /J��% / °��%s proved to me ` Y Yolo County > on the ba is of satisfactory evidence to be the z =' +g Commission# `,45:7'. My Go Co Expires Mar 152281178 2 0 23 person(s) who appeared before me. Signature of Not Public VSSI Job No.: 19-045 VSS inTERnRTIOnRL, inc. P.O. BOX 981330 • WEST SACRAMENTO, CA 95798, USA • PHONE (916) 373-1500 FAX NO. (916) 373-0183 • CONTRACTOR'S LICENSE NO. 293727A PAVEITEI'lT ITAIfTEfRfCE SPECIALISTS • • ••^ a, ) 4 4 P • Council Business Meeting May 21 , 2019 Agenda Item Award of Public Improvement Contract to VSS International, Inc. for Project No. 2018-37 Street Slurry Seal in the Amount of$396,608.18 From Scott Fleury, PE Deputy Public Works Director Avram Biondo Street Division Supervisor Contact scott.fleury(ashland.or.us 541-552-2412 avram.biondoca ashland.or.us 541-552-2345 SUMMARY Before the Council is a public improvement contract for street slurry seal project#2018-37. Slurry seals are an important street maintenance activity that improve road surface,protect the underlying pavement and extend life of residential roads. On May 2,2019, at 2:00 p.m. bids submitted for the Slurry Seal Project were opened and publicly read. Bids were received from three contractors with VSS International, Inc.providing the lowest bid at$396,608.18. If the contract is approved staff will work with the contractor to develop a schedule to perform onsite activities this summer. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Goal 1: Develop current and long-term budgetary resilience - Continue to improve the budget process: transparency,rigor, innovation, community involvement, and collaboration -Evaluate revenue streams Goal 2: Analyze City departments/programs to gain efficiencies, reduce costs and improve services -Implement a cost recovery plan and analysis for each department that coincides with the annual review of fees and charges and revenues -Evaluate and communicate street program timelines and funding security Goal 3: Enhance and improve transparency&communication -Develop a robust program to engage with Ashland citizens about City priorities and our progress on those priorities,public input opportunities and processes,how individual citizens can help meet City goals, budgeting and decision-making processes,etc. Maintain Essential Services Continue to leverage resources to develop and/or enhance Value Services Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION Slurry seal projects are completed as part of the street maintenance program. During each budget biennium the Council has been asked to award contracts for slurry seal maintenance activities. BACKGROUND AND ADDITIONAL INFORMATION Bidding Procedure: The 2019 Slurry Seal Project was publicly bid on April 3,2019, in the Daily Journal of Commerce and placed on the City's website. In addition,project plans and specifications were posted on the Page 1 of 2 CITY OF ASH ASHLAND • Oregon Procurement Information Network(ORPIN). Bids were opened on May 2,2019, at 2:00 p.m.with three contractors responding. All bids were valid and contained the required bonds,documentation,and acknowledgements. Bidding information is shown on the attached proposal summary form. Project Description: The Street Division has partitioned the city into zones. Roads within these zones are then identified for street repair and maintenance activities including slurry seal applications. Once the slurry seal list for a certain zone is developed the Street Division then performs preparatory work on the road including crack sealing and patching. Once all the roads in the zone are prepped a slurry seal project is prepared for completion. The street list is attached for reference. What is slurry seal: A slurry seal is a homogenous mixture of emulsified asphalt,water,well-graded fine aggregate and mineral filler. Slurry seals are used to fill existing pavement surface defects as either a preparatory treatment for other maintenance treatments or as a wearing course. Slurry seal application helps preserve and protect the underlying pavement structure and provide a new driving surface. Roads chosen for slurry seal applications generally have low to moderate distress and narrow crack width. Slurry seal applications serve to seal the cracks, restore lost flexibility to the pavement surface, and help preserve the underlying pavement structure FISCAL IMPACTS The 2019 Slurry Seal Project is funded directly by the City though the street operations maintenance fund. The established budget in the 2017-19 biennium was $400,000 for the slurry seal project. STAFF RECOMMENDATION Staff recommends Council award a public improvement contract to VSS International, Inc. for Project No. 2018-37, Street Slurry Seal, in the amount of$396,608.18 ACTIONS, OPTIONS & POTENTIAL MOTIONS • I move to award a public improvement contract to VSS International, Inc. for Project No. 2018-37, Street Slurry Seal, in the amount of$396,608.18. • I move to request Public Works perform a new solicitation for the street slurry seal project. • I move to deny the contract with VSS International, Inc. for the street slurry seal project. ATTACHMENTS Attachment 1: Street Slurry Seal Bid Summary Attachment 2: Street Slurry Seal Project List and Map Attachment 3: Public Improvement Contract and VSS Bid Schedule Page 2 of 2 CITY OF ASHLAND • CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: Slurry Seal Project No.: 2016-08 Date of Bid Opening: May 2,2019 -2:00 p.m., Siskiyou Conference Room No of Addendum: (1) 1 2 3 4 5 6 VSS International Intermountain Slurry Name of Bidder . Inc. Blackline Inc. Seal Sum of Bid $396,608.18 $470,912.44 $415,000.00 Contractors Name of • Western Surety Bonding and Travelers Bonding Co. Insurance Co. Amount of Bid 10% of bid amount 10% of bid amount 10%of bid amount Bond Addendum Yes Yes Yes Acknowledged G:\pub-wrks\eng\08-23 Nevada Sewer Bypass\A_Admin\Construction Admin\Bidding Process\08-23 Bid Summary 7-18-12 • PROJECT NO.2018-37: STREET SLURRY SEAL Bid Item Road Section 3 Sec 5-14/4-60 Allison St—Sherman St to Gresham St 4 Sec 3-24 Alnutt St—Strawberry Ln to Nutley St 5 Sec 2-23,31 Alta Av—Wimer St to Grandview Dr 6 Sec 5-63 Altamont St—Idaho St to Euclid Av 7 Sec 3-46-48 Ashland Creek Dr— Granite St to the end 8 Sec 5-99, 104-5 Ashland Loop Rd— Terrace St to the end 9 Sec 5-91 Ashland St—Guthrie St.to Taylor St 10 Sec 3-25 Birdsong Ln.—Strawberry Ln to End Of Cul-De-Sac 11 Sec 8-17,18 Clark Av — Walker Av to Harmony Ln 12 Sec 1-1 Dogwood Way— Wiley St to End of Road 13 Sec 5-59 Euclid Av— Ashland St to Pennsylvania Av 14 Sec 5-58 Forest St— Weller Ln to End Of Road 15 Sec 5-82 Henley Wy— Long Wy to End of Cul-De-Sac 16 Sec 4-85,100 Hillcrest St— Holly St to Vista St 17 Sec 3-21 Hitt Rd— Strawberry Ln to End Of Road 18 Sec 1-10 Lakota Wy— Sheridan St to End Of Road 19 Sec 3-79 Lantern Hill Dr— Granite St to End Of Cul-De-Sac 20 Sec 6-31 Liberty St— Clarence Ln to End Of Road 21 Sec 5-80 Long Wy—Ashland St to End Of Cul-De-Sac 22 Sec 4-83 Meade St— Glenview Dr to Iowa St 23 Sec 1-11 Monte Vista St— Sheridan St to Schofield St 24 Sec 5-85,94-8 Morton St— Euclid St to Ashland Loop Rd 25 Sec 2-19 Nyla Ln— Westwood St to End Of Cul-De-Sac 26 Sec 6-38 Pennsylvania Av— Morton St to Liberty St 27 Sec 7-6 Pinecrest Tr—Starlite PI to 1435 Pinecrest Tr 28 Sec 2-24 Placer Run— End Of Road to Westwood St 29 Sec 7-9 Ponderosa Dr— Pinecrest Tr to End Of Road 30 Sec 1-23 Prim St— Sheridan St to End Of Road 31 Sec 4-107 Ridge Rd— Terrace St to Glenview Dr 32 Sec 1-56 Scenic Dr— Maple St to End Of Road 33 Sec 3-13 Scenic Dr— Nutley St to Strawberry Ln 34 Sec 1-6/20 Schofield St— 44 Schofield St to End Of Road 35 Sec 1-5,8 Sheridan St— N Main St to Schofield St 36 Sec 5-1 Sherman Si— Siskiyou By to Iowa St 37 Sec 3-1,12,35 Strawberry Ln— Granite St to Westwood St 38 Sec 4-91 Summit St— Hillcrest St to Terrace St 39 Sec 4-98/111 Terrace St— Summit St to End Of Cul-De-Sac 40 Sec 7-11 Timberline Tr 2 Ponderosa Dr to End Of Road 41 Sec 5-106 Waterline Rd — Ashland Loop Rd to End Of Road 42 Sec 5-57 Weller Ln — Ashland St to End Of Cul De Sac 43 Sec 2-17,35 Westwood St —Orchard St to Strawberry Ln 44 Sec 3-49 Winter Dr — Ashland Creek Dr to End Of Road 45 Sec 2-8,10 Wrights Creek Dr — Wimer St to Orchard St 46 Ashland Bike Path.—Hersey St.to Clear Creek Dr. 47 Ashland Bike Path— California St to Walker Av. �% Fd �'r GLINT ON ST Hp4``OB 3 �< �'° CLARK AV +~ SO OAST �_ dp FOR x 5GP N N Nerdy F\ i 4° SHEa 0,„,-, BPNS SS ORANGE AV CBS SASS rFW �;� HF a , PL FZ' PPTTEa M1c k1 �Kp(P 1 dd,V GaEENOa AB \ 4.r2 OHIO sr �dJ ySS ,,,,,S0'WN M EBEaaJ LN 1 ;G Easy 4, " U !op City Maintenance Yard ELLcr `''''0` 10`''''''' Z �,E SS O 4ti W HERSEV ST a y5t i 2 $�F .- CaBBµO i .„... 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'1615-C c p N rW 2 f..---22:3 G Of0s- QC s staP�BB N°" �p �i r� ''''''5,5 cAP :'^ `(`\• @W w ASON - T o ; i Y 7 r� pNB r ; ,G h c sa"'"- , rd� i r� 5� m t '"4. ,R m M r Fd� �,i. dD dO Od st s '2 d r W PBN'4 SS 5-C 5t ,,N °O y�j� G 1 S, d� 2 s2p P�OSQE r ��o` ` o O 06 W2 W4) �> Q fR u (iVfRO fMMABS :LN 2019 Slum{ Seal List Map `N FY 2018-19 Maintenance Projects ■ �r, S Y--e.....,\_____, lurry Seals Scheduled City of Ashland, Oregon BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND,ENGINEERING DIVISION,51 WINBURN WAY,ASHLAND, OREGON 97520. . NAME OF BIDDER VSS International, Inc. CONTACT Jeff Roberts,Senior Vide President ADDRESS 3785 Channel Drive CITY West Sacramento STATE CA ZIP 95691 TELEPHONE NO. 916-373-1500 FAX NO. 916-373-0183 EMAIL ADDRESS vssi_contracts@slurry.com To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520 This Bid is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all labor, tools, machinery, materials, transportation, permits, equipment, and services of all kinds necessary for, or reasonably incidental to, the purpose of Project No. 2018-37: Street Slurry Seal Project (hereinafter the "Project") for the City of Ashland, Oregon, as shown in the contract documents on file at the City's Community Development Building,which are a condition of this Offer as though they were attached. This Offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. City of Ashland April2016 G or 91 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 Invitation • to Bid,and compliance with City public contracting rules. Additional evaluation criteria are as follows:None. 4. The deadline to file a written protest or request,pursuant to the Instruction to Bidders to change contract terms,conditions or specifications is not less than ten(10) calendar days • prior to bid opening. The Bid closing date and time 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. City of Ashland - April 2016 7 of 91 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and,if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days,of receipt of such notice,execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: 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 workwill 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 stun 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 SCHEDULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." Clly of Ashland April2016 0 of 91 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 bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279E.100. 13. The foregoing prices shall include all Iabor, 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, and deliver required proof of insurance. 15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative,if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: httpsdAvww.oregon.gov/b oli/WHD/P W R/Pages/P WR-Rate-Publications---2019.aspx 16. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870,the Oregon Prevailing Wage Iaw. 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 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. 17. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract fora 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. 18. 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 City of Ashland Apr112016 90(01 Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 19. 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 fifteen (15) working days after receipt of the written Notice to Proceed. • The undersigned agrees that the"Time of Completion"shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed"has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions,for each day the project remains incomplete. 20. 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. 21. The undersigned bidder is licensed by the State Landscape Contractors Board, V applicable,the license is current and valid,and the bidder's registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid. 22. 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 or is not ✓ a resident Bidder as defined in ORS 219A.120. 23. 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, City of Ashland Apr112016 10 of91 officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms; 24. 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 25. 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)] 26. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 27. 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. 28. 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. 29. The bidder understands that the City reserves the right to make changes to the Notice to Contractors Invitation to Bid and the resulting contract by written addenda,prior to the closing time and date. The City will not mail notice of addenda. Any addenda will be available on the ORPIN site, opportunity. 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 1- THROUGH . - HAVE BEEN REVIEWED 30. 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. 31. 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 City of Ashland April 2016 11 of 91 exceeds $75,000 (see ORS 279C.370). Specifically,when the contract amount of a first- tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii)$350,000 regardless of the percentage,you must disclose the following information about that subcontract within two working hours of bid closing: • The subcontractor's name and address; • The subcontractor's Construction Contractor Board registration number,if one is required, and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements,you are required to indicate"NONE" on the form.Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non- responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED.IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 32. Bidder Information and Signature VSS International, Inc. Firm Name of Bidder Signature of Bid r Jeff Roberts Printed Name of Bidder Senior Vice President Official Title California 65821 State of Incorporation CCB Number Dated this 30th day of April 2019. Name of Bidder VSS International, Inc. Address 3785 Channel Drive, West Sacramento, CA 95691 City of Ashland April 2016 12of91 . Telephone No. 916-373-1500 • j • • • • I ■ • . ; 1 • 1 1 1 1 II 1 • E I 1 City of Ashland April 2016 ' 13 of91 BID SCHEDULE . PROJECT NO.2018-37: STREET SLURRY SEAL UNIT NQ DESCRIPTION On, UNIT PRICE AMOUNT IPIGS[RES) SECTION 00200 TEMPORARY FEATURES &APPURTENANCES i Mobilization 15,000.00 1 for Fifteen Thousand Dollars 1 Ls $15,000.00 $ SECTION 00220—ACCOMMODATIONS FOR PUBLIC TRAFFIC Temporary Work Zone&Traffic Control, 2 Complete for Forty Thousand Dollars 1 Ls $40,000.00 $ 40,000.00 SECTION 00280—EROSION AND SEDIMENT CONTROL SECTION 00700—WEARING SURFACES SECTION 00706—EMULSIFIED ASPHALT SLURRY SEAL SURFACING(TYPE III) Sec 5-14/4-60 Allison St—Sherman St to Gresham St SQ 3 For Two Dollars and 59/00 Dollars 4108.80 YD $ 2.59 $ 10,641 .79 Sec 3-24 Alnutt St—Strawberry Ln to Nutley St 4 For Two Dollars and 59/00 Dollars 985.37 SQ $ 2.59 $ 2,552.11 Sec 2-23,31 Alta Av—Winer St to Grandview Dr SQ 5 For Two Dollars and 59/00 Dollars 1863.05 YD $ 2.59 $ 4, Sec 5-63 Altamont St—Idaho St to Euclid Av SQ 6 For Two Dollars rind 59/00 Dollars 1824.88 YD $ 2.59 $ 4,726.44 Sec 3-46-48 Ashland Creek Dr— Granite St to the end SQ 7 For Two Dollars and 59/00 Dollars 4278.82 YD $ 2.59 $ 11 ,082.14 Sec 5-99, 104-5 Ashland Loop Rd—Terrace St to the end $ 8 For Two Dollars and 59/00 Dollars 4037.72 YD $ 2. 59 $ 10,457.69 Sec 5-91 Ashland St—Guthrie St.to Taylor St SQ 9 For Two Dollars and 59/00 Dollars YD $ 2.59 $ 4,299.58 Sec 3-25 Birdsong Ln.—Strawberry Ln to End Of Cul-De-Sac SQ 10 For Two Dollars and 59/00 Dollars 121039 YD $ 2.59 $ 3,134.91 City of Ashland April 2016 14 of91 f- UNIT pFSCR(PTION OT?, UNIT PRICE AM, OSITJI (FIOUREMI Sec 8-17,18 Clark v - Walker v [ I annony Ln SQ 11 For Two Dolars and 59/00 Dollar 4267.06 YD $ 2.59 $ 11 ,051 .69 Sec 1-1 Dogwood Way- Wiley St to End of Road SQ 12 For Two Dollars and 59/00 Dollars 1460.59 YD $ 2.59 $ 3,782.93 See 5-59 Euclid Av- Ashland St to Pennsylvania Av SQ • 13 For Two Dollars and 59/00 Dollars 5267.61 YD $ 2.59 $ 13,643.11 . Sec 5-58 Forest St- Weller Ln to End Of Road SQ 14 For Two Dnllnrs and 59/nn Dollars 1137.77 YD $ 2.59 $ 2,946.82 Sec 5-82 Henley Wy- Long Wy to End of Cul-De-Sac SQ 3,534.55 15 For Two Dollars and 59/00 Dollars 1364.69 YD $ 2.59 Sec 4-85,100Hillcrest St-Holly St to Vista St SQ 16 For, Two Dollars and 59/00 Dollars 7 3032.34 YD $ 2.59 $ , Seo 3-21 Hitt Rd- Strawberry Ln to End Of Road SQ 17 For Two Dollars and 59/00 Dollars 2641.20 YD $ 2.59 $ 6,840.71 Sec 1-10 Lakota Wy- Sheridan St to End Of Road SQ 3 048.84 • 18 For Two Dollars and .59/00 Dollars 117716 YD $ 2.59 $ , Sec 3-79 Lantern Hill Dr- Granite St to End Of Cul-De-Sac SQ 2.59 3,846.07 • 19 For Two Dollars and 59/00 Dollars 1484.97 YD $ $ Sec 6-31 Liberty St=- Clarence Ln to End Of Road SQ 3 775.81 20 For. Two Dollars and 59/00 Dollars 1457.84 YD $ 2.59 $ r Sec 5-80 Long Wy-Ashland St to End Of Cul-De-Sac SQ 81 7.28 21 For Two Dollars and 59/00 Dollars 2655.32 YD $ 2.59 $ 6, Sec 4-83 Meade St- Glcnview Dr to iowa St SQ 9 707.24 22 For Two Dollars and .59/00 Dollars 3747.97 YD $ 2.59 $ Sec 1-11 Monte Vista St- Sheridan Stto Schofield St SQ 23 For Two Dollars and 59/00 Dollars 1129 86 YD $ 2.59 $ 2,926.34 Sec 5-85,94-8 Morton St- Euclid St to Ashland Loop Rd 11841.9 SQ 30,670.65 24 For Two Dollars and 59/00 Dollars 5 YD $ 2.59 $ Sec 2-19 Nyla Ln- Westwood St to End Of Cul-De-Sac SQ 3 78.91 25 For Two Dollars and 59/00 Dollars 1459.81 YD $ 2.59 $ , Criy of Ashland April 2016 45 of 91 UNIT NO DESCRIPTION OTY. UNIT ?RICE AMOUNT fFIOURESI Sec 6-38 Pennsylvania Av— Morton St to Liberty St SQ 26 For Two Dollars and 59/00 Dollars 833.47 YD $ 2.59 $ 2,158.69 Sec 7-6 Pinecrest Tr—Starlit°PI to 1435 Pinecrest Tr SQ 27 For Two Dollars and P59/000s Dollars 388220 YD $ 2.59 $ 10,054.90 Port21vI rUonirarrsa 5 °/�V Dollars SQ 28 708.62 YD $ 2.59 $ 1 ,835.33 Sec 7-9 Ponderosa Dr— Pinecrest Tr to End Of Road SQ 29 For Two Dollars and 59/00 Dollars 2511.36 YD $ 2.59 $ 6,504.42 Sec 1-23 Prim St— Sheridan St to End Of Road SQ 30 For Two Dollars and 59/00 Dollars 478 YD $ 2.59 $ 1 ,238.02 Sec 4-107 Ridge Rd— Terrace St to Glenview Dr SQ 31 For Twofbollars and 59/00 Dollars 4461.94 YD $ 2.59 $ 11 ,556.42 Sec 1-56 Scenic Dr— Maple St to End Of Road SQ 32 For Two Dollars and 59/00 Dollars 908.83 YD $ 2.59 $ 2,353.87 Sec 3-13 Scenic Dr— Nutley St to Strawberry Ln SQ 33 For Two Dollars and 59/00 Dollars 1711.15 YD $ 2.59 $ 4,431 .88 Sec 1-6/20 Schofield St— 44 Schofield St to End Of Road SQ 34 For Two Dollars and 59/00 Dollars 2465.84 YD $ 2.59 $ 6,386.53 Sec 1-5,8 Sheridan St—N Main St to Schofield St SQ 35 For Two Dollars and 59/00 Dollars 4817.80 YD $ 2.59 $ 12,478.10 Sec 5-1 Sherman St— Siskiyou By to Iowa St SQ 36 For Two Dollars and 59/00 Dollars 2464.25 YD $ 2.59 $ 6,382.41 Sec 3-1,12,35 Strawberry Ln—Granite St to Westwood St SQ 37 For Two Dollars and 59/00 Dollars 577746 YD $ 2.59 $ 14,963.62 See 4-91 Summit St— Hillcrest St to Terrace St SQ 38 For Two Dollars and 59/00 Dollars 643.33 YD $ 2.59 $ 1 ,666.22 Sec 4-98/111 Terrace St— Summit St to End Of Cal-De-Sac 11622.5 SQ 39 For_Two_Dollors_and 59/00 Dollars 3 YD $ 2.59 $ 30,102.35 Sec 7-11 Timberline Tr— Ponderosa Dr to End Of Road SQ 40 For Two Dollars and 59/00 Dollars 2529.43 YD $ 2.59 $ 6,551 .22 Sec 5-106 Waterline Rd — Ashland Loop Rd to End Of Road SQ 41 For Two Dollars and 59/00 Dollars 2071.64 YD $ 2.59 $ 5,365.55 City of Ashland April 2016 16 of 61 f UNIT NO DESCRIPTION QTY. UNIT PRICE AMOUNT (FIGIllt_Ela) Sec 5-57 Weller Ln — Ashland St to End Of Cul De Sac SQ 42 For Two Dollars and 59/00 Dollars _ 2428.81 YD $ 2.59 $ 6,290.62 Sec 2-17,35 Westwood St —Orchard St to Strawberry Ln SQ 43 For Two Dollars and 59/00 Dollars 4150.24 YD $ 2.59 $ 10,749.12 Sec 3-49 Winter Dr — Ashland Creek Dr to End Of Road SQ 44 For Two Dollars and 59/00 Dollars 209.61 YD $ 2.59 $ 542.89 Sec 2-8,10 Wrights Creek Dr — Wimer St to Orchard St SQ 45 For Five Dollars and 18/00 Dollars 3581.39 YD $ 5.18 $ 18,551 .60 SECTION 00706.1—EMULSIFIED ASPHALT SLURRY SEAL SURFACING (TYPE I&III) Ashland Bike Path.—Ilersey St.to Clear Creek Dr. SQ 2,449.73 46 For Five Dollars and 18/00 Dollars _ 472.92 YD $ 5.18 $ Ashland Bike Path— California St to Walker Av. SQ 47 For Five Dollars and 18/00 Dollars 2507.34 YD $ 5.18 $ 12,988.02 Total Bid $ $396,608.18 1 m _ I 1...«. i City of Ashland April 2016 17 0191 City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360)2016 Street Slurry Seal Project PROJECT 2018-37 Bid Closing Date: April 28,2019 NAME OF SUBCONTRACTOR l CATEGORY OF WORK DOLLAR VALUE 1. None. 2. 3 4 • 5 6 7 8 9 1 0 • 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). City of Ashland April2016 18 of 91 CITY OF ASHLAND ADDENDUM NO. 1 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PROJECT NO. 2019-37 City of Ashland Street Slurry Seal Project This addendum, issued the 2nd day of April 2019 affects the plans, specifications and contract documents for the Street Slurry Seal Project No. 2019-37 and shall be deemed an integral part of the above referenced documents. I. Was: Notice is hereby given that the City of Ashland, Oregon, is currently accepting sealed Bids for furnishing all materials, equipment, labor, and services for Project No. 2018-37: Street Slurry Seal Project ("Project"). Sealed Bids addressed to the City of Ashland, Public Works Department and clearly marked "Project No. 2018-37: Street Slurry Seal" will be physically received by Scott Fleury PE, Deputy Public Works Director, Siskiyou Conference Room, in the Community Development Building, 51 Winburn Way, Ashland, Oregon, (mailing address: 20 E. Main Street, Ashland OR 97520), until 2:00 PM local time (Siskiyou Conference Room Clock) on April 28, 2019, at which time the Bids will be publicly opened and read aloud. II. Is: Notice is hereby given that the City of Ashland, Oregon, is currently accepting sealed Bids for furnishing all materials, equipment, labor, and services for Project No. 2018-37: Street Slurry Seal Project ("Project"). Sealed Bids addressed to the City of Ashland, Public Works Department and clearly marked "Project No. 2018-37: Street Slurry Seal"will be physically received by Scott Fleury PE, Deputy Public Works Director, Siskiyou Conference Room, in the Community Development Building, 51 Winburn Way, Ashland, Oregon, (mailing address: 20 E. Main Street, Ashland OR 97520), until 2:00 PM local time (Siskiyou Conference Room Clock) on May 2, 2019, at which time the Bids will be publicly opened and read aloud. Bid receipt date is changed from April 28, 2019 to May 2, 2019. Acknowledge receipt of this addendum by indicating the number of the addendum on contract documents: 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 a- THROUGH '- HAVE BEEN REVIEWED END OF ADDENDUM NO. 1 Engineering Tel:541/488-5347 Wr, 20 E.Main Street Fax:541-1488-6000 Ashland,Oregon 97520 TTY: 800/735-2900 www.ashiaud.or.us G:\pub-wrks\eng\2018 Project Year\2018-37 2018 Shiny Seals\Admin\RFQ\Final_Legal-Approval\Final ORPIN Ready\Addendums\2019-37 2018 Slurry Seal Addendum#1.doc Purchase Order Fiscal Year 2019 Page: 1 of: 1 4:1 OR4 iRIOI•nliA �$I 7.1E B City of Ashland _ I ATTN: Accounts Payable Purchase L 20 E. Main Order# 20190529 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable @ashland.or.us V VSS INTERNATIONAL H C/O Public Works Department E PO BOX 981330 I 51 Winburn Way D WEST SACRAMENTO, CA 95798 P Phone: 541/488-53 5411// 885 488 533 47 O Email: JEFF.ROBERTS @SLURRY.COM T P O Fax: 541/488-6006 Paula Brown 06/13/2019 2110 FOB ASHLAND OR/NET30 Ci .c • • •- able 2018 Slurry Seal 1 2018 Slurry Seal 1 $396,608.1800 $396,608.18 Public Improvement Contract for Project No. 2018-37 Street Slurry Seal Completion date: July 15, 2019 Project Account: GL SUMMARY 081200 -602400 $396,608.18 I I By Date: I ` 1 AuthorizOd Signature O Tofa '.396 608.18 i'- "---- -Qic_c_1-) , [ FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION y 0 �o ( q p 4 f request: 05/31/2019 Vendor Name VSS International,Inc. Address,City,State,Zip 3785 Channel Drive,West Sacramento CA Contact Name Jeff Roberts Telephone Number 916-373-1500 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council:05/21/2019 ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon El Direct Award (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency ❑ (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 0 Annual cost to City does not exceed$25,000. ❑ Special Procurement ❑(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by El Form#4,Personal Services>$5K&<$75K ❑ Form#9,Request for Approval City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached Annual cost City exceeds$25,000,Council Date approved by Council: 111 t t y Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost 2018 Slurry Seal $ 396,608.18 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 0 Per attached quote/proposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number -— — _ Account Number 081200 - 602400 $ 396,608.18 _ Project Number -— — _ Account Number - $ , 1 . Project Number -- _ _ Account Number - IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No Employee: &&J� D•Auk..! ' LlLl6!b Department Head: L,,,a,4 l - ,. �7' ��9 vr- I mpi •tgreatert :n$ 000) Department Manager/Supervisor: City Administrator: iLd■ A. A # ' (Equal to or g •ater t an$ ,00I) Funds appropriated for current fiscal year: YES / NO (1,d,.4.4 1(Cs ti 117 I I 1 Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition