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2023-060 PO 20240018- Knife River Materials
i ,1 Purchase Order CITY ECR B Fiscal Year 2024 Page: 1 of: 1 1 ( 4at6• € 1111SURP_ - AFAti B City of Ashland _-. ATTN: Accounts Payable Purchase L Ashland, OR97520 Order# 20240018 I Phone: 541/552-2010, O Email: payable@ashland.or.us • • V H C/O Public Works Department E KNIFE RIVER MATERIALS I 51 Winburn Way N PO BOX 1145 p Ashland, OR 97520 MEDFORD, OR 97501 Phone: 541/488-5347 O R T Fax: 541/488-6006 snd �iact�-I��a�bl����dor¢_ �m ___ —:�ur�`��r •- '-___ --__ ..��� -est��=apt ==- _ - (541) 779-6304 Scott Fleury 'ff 07/17/2023 774 FOB ASHLAND OR/NET30City Accounts Payable Ashland Street Overlay 1 Ashland Street Overlay 1.0 $3,748,086.98 $3,748,086.98 Construction Engineering Public Improvement Contract for Ashland Street Overlay Project Approved by the City Council 06/20/2023 Project Account: E-201924-999 ***************GL SUMMARY*************** 081200-704200 v $3,748,086.98 /' n By: Date __________: `P = Authorized Signat0 =. �; s; -= = $3,748,086.98 FORM #3 "Gv ; b' ASHLAND � CITY OF A request for a Purchase Order REQUISITION e, ,_® ®2,./..,,, l .te of request: Q6/28/2023_' 'equired date for delivery: Vendor Name LTM,Inc.dba Knife River Materials Address,City,State,Zip PO Box 1145 Medford,OR 97501 Contact Name&Telephone Number Jon Barton 541-770-2960 Email address ��a,f - SOURCING METHOD1 fr z—re ((__-- ' ❑ Exempt from Competitive Bidding Invitation to Bi Emergency ❑ Reason for exemption: Date approved by Council:4(' '' -" 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 ❑ Direct Award (Attach...y of counc' ommunication) Contract# O Verbal/Written bid(s)or proposal(s) III Request . Qual ications(Public Works) ❑ State of Washington Date approved by i•.uncil: 6/20/2023 Contract# _(Attach copy4 co cil ommunication) ❑ Other government agency contract Intermediate Procurement ❑ Sole�S dree Agency GOODS&SERVICES ❑ Appl•able Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Writiet1 quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: Date Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached 0 Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: Date ' Description of SERVICES Ashland St Overlay—Construction Engineering TOTAL COST •$, 3,748,086.98 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 0■ Per attached quote/proposal TOTAL.COST, 4' Project Number 2 0 1 9 2 4- Account Number 0 8 1 2 0 0.7 0 4 2 0 0 Account Number - Account Number - `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee\.A/I VW OUVATilinitiA Department Head• c.2, (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: ., (Greater than$35,0go Funds appropriated for current fiscal ear: ES NO Mf - (Q /1_3, 9-02 -\. Finance Director-(Equ. Agreater than$5,000) Date i Comments: Form#3-Requisition Memo TO: Joseph L. Lessard, City Manager FROM: Tami De Mille-Campos,Administrative Analyst DATE: 6/28/2023 RE: City Manager Signature Needed for Knife River contract Background: This item is coming to you for signature after Council approval on 6/20/23,please see the attachments for more info. Council Action: Approved 6/20/23 Signatures Required: ,ryj' 1. Finance Director on Form 3\ ' 2. City Manager on Form 3 3. City Manager on page 6 of Public Improvement Contract Other Relevant Information: None Insurance waived or reduced? No Who to return to if different from sender? Are all other signatures required collected? Yes If no,please collect before sending them to the City Manager. Are all attachments listed included? Yes CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-290 0 'A Council Business Meeting June 20, 2023 Approval of a Construction Contract with LTM, Incorporated dba Knife River Materials Agendatltem for the Ashland Street Overlay Project (PW 2019-24); and Placing a Street Cut Moratorium Scott A. Fleury, PE Public Works Director Fromfd eP Karl J.Johnson,EIT Associate Engineer/Project Manager " scott.fleuryaashland.or.us 541.552.2412 contact karl.johnson@ashland.or.us 541.552.2415 Item Type Requested by Council ❑ Update❑ Request for Direction © Presentation 0 SUMMARY Before Council,acting as the Local Contract Review Board,is approval of a construction contract with LTM, Incorporated,doing business as Knife River Materials,for the Ashland Street Overlay Project for a total contract amount not to exceed $3,748,086.98 and to enact a five-year street cut moratorium to the affected street section. POLICIES,PLANS&GOALS SUPPORTED City Council Goals (supported by this project): A: Prioritize the"Essential Services" • Streets B: Develop and/or enhance the following"Value Services"by leveraging the City's resources • Multi-Modal Transportation • All-Age Friendly Community Organization: • Quality infrastructure and facilities through timely maintenance and community investment 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. Current Transportation System Plan: • Make safety a priority for all modes • Maintain small-town character,support economic prosperity and accommodate future growth. • Create a system-wide balance for serving and facilitating pedestrian, bicycle,rail,air,transit,and vehicular traffic in terms of mobility and access within and through the City of Ashland. PREVIOUS COUNCIL ACTIONS The Council has previously awarded construction contracts for pavement rehabilitation projects.The last major roadway project was Hersey Street. Page 1of3 Vr 3(la Togdims 06. r•• Council Busi e. s Meeting BACKGROUND AND ADDITION'IA ORMATION The City of Ashland release: th�,lnuitati6r ato gid�17C3: 0.1 i ents resulting in a public improvement contract with the City of Ashland for s z Jng.c 1Llabor,eqt ripment,and materials necessary to construct the Ashland Street Overlay Project No.2019-24.The project includes,but is not limited to,the following major work items: earthwork and drainage,full depth reconstruction,asphalt concrete paving,miscellaneous concrete structures, ADA ramp upgrades,crossing safety improvements, protected bike lanes and miscellaneous electrical work.The ITB was posted on OregonBuys on March 21,2023,advertised in the Daily Journal of Commerce,and documents were also on file at the City in the Community Development Building at 51 Winburn Way. Bids were received and opened on April 18,2023.One bid was received,from Knife River Materials and that bid was deemed responsive. The original bid from Knife River Materials was$3,953,558.18 and led to discussions between Knife River Materials, DOWL and the City in an attempt to lower some of the costs of the project. Through those discussions an adjustment down to a total project cost of$3,748,086.98 was achieved,a savings of$205,471.20. As this is a full rebuild of the street and as all utilities have been informed of the proposed work and had the ability to complete underground utility work prior to the project award,staff is requesting that Council add to their approval a proposed street cut moratorium.Once the construction project is fully complete and accepted by the City,a five-year moratorium would be placed on any asphalt cuts within the improved area of Ashland Street.Should an emergent requirement arise during this five-year period that required a utility,business or homeowner to make a cut into this new asphalt,the City, in addition to all requirements set forth in the Ashland Municipal Code section 13.12,would also require a full half street overlay of the affected area to maintain the integrity of the investment the City has made to Ashland Street. FISCAL IMPACTS The 2022-23&2023-24 Street Division Biennium Budget (BN) includes funds for contracted services (capital improvement program) in the amount of$3,500,000 for this project.This project coincides with the construction engineering services personal services contract with DOWL,LLC.,for the Ashland Street Overlay Project.The construction cost estimate for the project was$3,231,900.00,with the bid amount being $516,186.98 above the engineer's cost estimate. Staff is currently working with the Infrastructure Finance Authority (IFA) on a debt instrument to fund the project. Debt is required to fully fund this project and other street rehabilitation projects forecasted in the coming years. Debt is also required to be obtained as outlined in the Food and Beverage Ordinance for Street Rehabilitation Projects.The totalized debt as allowed would also include the previous expenditures for preliminary and final engineering.Currently the IFA is offering through their Special.Public Works Fund program a 15-year loan term at a rate of 3.05%for projects of this nature.Staff expects to work out final details for financing with the Finance Director moving forward. DISCUSSION QUESTIONS Does the Council have any questions about the Ashland Street rehabilitation project or associated contractual process used? SUGGESTED NEXT STEPS Council,acting as the Local Contract Review Board, has the option to approve this contract or refer action back to staff to rebid the project or request that the project not be constructed.Potential motions include: Page 2 of 3 A 3da5ragdw+ re ll Council Business Meeting 1. I move to approve the construction contract with LTM,Incorporated dba Knife River Materials for the Ashland Street Overlay Project for a contract amount not to exceed $3,748,086.98; and further move to enact a five-year street cut moratorium to the affected street section. 2. I move to direct staff develop a new solicitation and construction bid for this project. 3. I move that the street,cut moratorium not be included in the approval of the construction contract. REFERENCES&ATTACHMENTS Attachment 1: Public Improvement Contract between the City and LTM,Incorporated dba Knife River Materials Page 3 of 3 Inns 1�m1`a t-r 'i eli 1 �'nti.,,'c.4iure (tiic 11 - . SC i es k X._ ___ (0).K$I.1114'ii I'Itcm No.�'SPo$Nu.� _' ,E,t,`..' ,Item, ttt s'tx"Bid,IiniiI aQuanpty+� UaltPrice . l TdtelPFtce,i_� • ti- T6`6IPdoe TEMPORARY FEATURES AND APPURTENANCES 10 00210 Mobilization Lump Sum I S 375,000.00 S 375,000.00 Lump Sum 1 S 385,000.00 S 385,000.00 20 00221 _Temporary Work Zone Tmffic Control,Complete Lump Sum 1 S 235,000.00 $ 235,000.00 Lump Sum 1 5 250,000.00 S 250,000.00 30 00223 Flaggem Hour 750 $ 90.00 $ 67,500.00 Hour 750 S 90.00 $ 67,500.00 40 00280 Erosion Control Lump Sum 1 S 7,000.00 $ 7,000.00 Lump Sum 1 S 7,000.00 S 7,000.00 50 00280 _Wet Protection,Type 3 Each 3 $ 100.00 $ 300.00 Each 3 S 100.00_$ 300.00 60 00280 _Wet Protection,Type 7 Each 54 S 25.00 $ 1,350.00 Each 54 S 25.00.5 1,350.00 70 00280 Inlet Protection,Type 10 Each 12 S 50.00 S 600.00 Each 12 S 50.00 S 600.00 80 00280 Sediment Harries,Type 8 Foot 115 $ 6.25 S 718.75 Fool 115 S 6.25 $ 718.75 90 00290 Pollution Control Plan Lump Sum 1 5 200.00 $ 200.00 Lump Sum 1 5 200.00 $ 200.00 ROADWORK 100 00305 Construction Survey Work Lump Sum I S 40,000.00 $ 40,000.00 Lump Sum 1 $ 40,000.00 $ 40,000.00 110 00310 Removal of Stmctunas and Obstructions Lump Sum 1 $ 110,000.00 S 110,000.00 Lump Sum 1 $ 170,000.00 5 170,000.00 120 00320 Clearing and Grabbing Acre 0.25 S 50,000.00 5 12,500.00 Acre 0.25 $ 50,000.00 $ 12,500.00 130 00330 General Excavation Cu Yd 990 $ 80.00 $ 79,200.00 Cu Yd 990$ 80.00 S 79,200.00 140 00331 12 Inch Suhgmde Stabilization Sq Yd 3 5 70.00 $ 210.00 Sq Yd 3 $ 70.00 $ 210.00 _ 150 00350 Subgmdc Gcotextilc Sq Yd 91 $ 2.00 5 182.00 Sq Yd 91 $ 2.00 $ 182.00 DRAINAGE AND SEWERS 160 00430 31nch Dmin Pipe Foot 6.50 5 70.00 $ 455.00 Foot 6.50 $ 70.00 $ 455.00 170 00470 Concrete Inlets,Type CG-3 Each 1 5 6,000.00 5 6,000.00 Each 1 S 6,400.00 S 6,400.0_0 180 00490 Adjusting Boxes Each 29 5 570.00 S 16,530.00 Each 29$ 570.00 $ 16,530.00 _190_00490 Extra for inlet Top Replacement Each 4 S 3,500.00 5 14,000.00 Each 4 $ 3,700.00 5 14,800.00 200 00490 Adjusting Wets Each 12 S 3,100.00 S 37,200.00 Each 12 $ 3,200.00 $ 38,400.00 210 00490 Millar Adjustmalt of Manholes Each 8 S 2,000.00 $ 16,000.00 Each 8 $ 2,000.00 $ 16,000.00 ' 220 00490 Connection to Existing Structures Each 1 5 600.00 $ 600.00 Each 1 5 600.00 5 600.00 BASES 230 00620 Cold Plane Pavement Removal,2 Inches Deep Sq Yd 454 $ 4,00 $ 1,816.00 Sq Yd 454 S 4.00 5 1,816.00 240 00620 Cold Plane Pavement Removal,4lnches Deep Sq Yd 6,761 $ 7.00 $ 47,327.00 Sq Yd 6,761 5 7.60 5 51,383.60 250 00620 Cold Plane Pavement Removal,412-612Inches Deep Sq Yd 21,292 5 8.00 S 170,336.00 SgYd 21,292 S 8.80 $ 187,369.60 260 00620 Cold Plane Pavement Removal,612-9 Inches Deep Sq Yd 549 S 10.00 S 5,490.00 Sq Yd 549 5 10.00 $ 5,490,00 270 00641 Aggregate Base Ton 1,268$ 65.00 5 82,420.00 Ton 1,268 5 65.00 S 82,420.00 280 00660 Lean Concrete Base,10 Inches thick Sq Yd 21 $ 525.00 5 11,025.00 Sq Yd 21 S 525.00 S 11,025.00 WEARING SURFACES 290 00730 Emulsified Asphalt for Tack Coat Ton 15 S 1,00 S 15.00 Ton 15 S 1.00 $ 15.00 300 00745 Level 3,3/8Inch ACP in Leveling Ton 1.310 S 135.00 5 176,850.00 _ Ton 1,310$ 150.00 S 196,500.00 310 00745 Leve13,12 Inch ACP Wearing Coarse with Fibers Ton 3,050 5 135.00 5 411,750.00 Ton 7,391 $ 135.00 5 997,785,00 320 00745 Level 3,12 Inch ACP Base Course&Miscellaneous Ton 4,341 $ 124,00 $ 538,284.00 •+..u o 330 00745 PG70-22ER Asphalt in 3/8 Inch ACP Toa 79 S 0.01 5 0.79 Ton 79 $ 0.01 S 0.79 340 00745 PG70-22ER Asphalt in 1/2 Inch ACP Ton 444 5 0.01 $ 4.44 Ton 444 S 0.01 S 4.44 350 00749 Asphalt Slope Paving Sq Fl 268 5 10.00 S 2,680.00 Sq Ft 268 5 10.00 S 2,680.00 360 00749 Asphalt Walks _ Sq Fl 80 $ 20.00 $ 1,600.00 _ Sq Fl 80 $ 20.00 5 1,600.00 370 00759 Concrete Curbs,Curb and Gutta Foot 1,780 $ 69.00 S 122,820.00 Fool 1,780 $ 73.00 S 129.940.00 380 00759 Concrete Curbs,Smndard Curb ' Foot 822 $ 50.00 S 41,100.00 Foot 822 $ 52.00 $ 42,744.00 390 00759 Concrete Curbs,Retaining Curb Fool 50 5 105.00 5 5,250.00 _ Foot 50 5 110.00 5 5,500.00 400 00759 Concrete Walks Sq Ft 7,160 $ 11.00 $ 78,760.00 Sq Ft 7,160 $ 12.00 5 85,920.00 410 00759 Extra for New Curb Ramps Each 40 S 8,700.00 5 348,000.00 Each 40$ 9,000.00 5 360,000.00 420 00759 Truncated Domes on New Surfaces Sq Fl 703 5 73.00 $ 51,319.00 Sq Fl 703 $ 75.00 $ 52,725.00 PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES 430 00856 Permanent Surface Mounted Tubular Markers Each 230 S 150.00 $ 34,500.00 _ Each 230$ 150.00 S 34500.00 440 00865 Thermoplastic,Extruded,Sure,Non-Profiled Foot 31,955 $ 1.80 $ 57519.00 _ Foot 31,955 $ 1.80 $ 57519.00 450 00867 Pavement Legend,Type&HS:Amoss Each 17 5 360.00 S 6,120.00 Each 17$ 360.00 S 6,120.00 460 00867 Pavement Legend,Type 13-RS:Bicycle Lane Stencil Each 18 S 360.00 5 6,480.00 Fooh 18 5 360.00 5 6,480.00 470 00867 Pavement Bar,Type&HS Sq FI 3,745 S 15.00 5 56,175.00 Sq Ft 3,745 5 15.00 $ 56,17510- 480 00868 Green Bicycle Lane,Preformed Themmplastic Film Sq Ft 2,320$ 15.00 5 34,800.00 Sq Ft 2,320 S 15.00 S 34,800.00 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS 490 00905 Remove Existing Signs Lump Sum I S 1,500.00 S L500.00 Lump Sum 1 S 1,500.00 S 1,500.00 500 00905 Remove and Reinstall Existing Signs Lump Sum 1 5 1,200.00 $ 1,200.00 Lump Sum I S 1,200.00 $ 1,200.00 510 00920 Sign Support Footings Lump Sum 1 $ 5,000.00 $ 5,000.00 Lump Sum 1 $ 5,000.00 $ 5,000.00 520 00930 Perforated Steel Square Tube Slip Base Sign Supports Lump Sum 1 S 2,200.00 $ 2,200.00 Lump Sum I S 2,200.00 S 2,200.00 530 00930 Perforated Steel Square Tube Anchor Sign Supports Lump Sum 1 5 6,300.00 5 6,300.00 Lump Sum 1 $ 6,300.00 S 6,300.00 540 00940 Signs,Standard Sheeting,Sheet Aluminum Sq Ft 263 5 40.00 $ 10,520.00 Sq Ft 263$ 40.00 $ 10520.00 550 00990 Traffic Signal Modification,Ashland St of Siskiyau Blvd Lump Sum 1 $ 98,000.00 S 98,000.00 Lump Sum 1 $ 98,000.00 S 98,000.00 560 00990 Tragic Signal Modification,Ashland St of Walker Ave Lump Sum 1 $ 184,000.00 S 184,000.00 _Lump Sum 1 $ 184,000.00 5 184,000.00 570 00990 Flashing Beacon Installation,Ashland St m Stadium St Lump Sum I $ 36,000.00 $ 36,000.00 Lump Sum I $ 36,000.00 $ 36,000.00 580 00990 Flashing Beacon Installation,Ashland St at Roy Ln Lump Sum 1 $ 44,000.00 $ 44,000.00 Lump Sum 1 $ 44,000.00 $ 44,000.00 590 00990 Flashing Beacon Installation,Ashland St 01129+00 Lump Sure I 5 39,000.00 5 39,000.00 _Lump Sum 1 $ 39,000.00 5 39,000.00 RIGHT OF WAY DEVELOPMENT AND CONTROL 600 01030 Laura Seeding Sq Yd 84 S 20.00 $ 1,680.00 Sq Yd 84 $ 20.00 $ 1,680.00 610 01030 Permanent Seeding Acre 0.1 $ 25,000.00 5 2,500.00 Acre 0.1 $ 25,000.00 5 2,500.00 620 01040 Topsoil Cu Yd 12 S 100.00 5 1,200.00 _ Cu Yd 12 $ 100.00 $ 1,200.00 630 01040 Bark Mulch Cu Yd 6 S 100.00 $ 600.00 Cu Yd 6 $ 100.00 $ 600.00 640 01040 Rock Mulch Ton 0.2 $ 2,000.00 $ 400.00 _ Ton 0.2 $ 2,000.00 $ 400.00 650 01095 Remove and Reinstall Benches Each 1 $ 1,000.00 $ 1,000.00Eoch I $ 1,000.00 5 1,000.00 4kV1ZHIHID;tTiQ]IAII 1$13 W48,10619,81 - __ - 0/0 !11M:101-1 i},Ihi,gAlf. 1L1c L7 A01 1 V GITOF H LAND - ,iffite 'ia :1; -Memo DATE:June 5,2023 TO:Jon Barton,Knife River Materials FROM:Karl Johnson,City of Ashland RE: 2019-24 Ashland Street Overlay—Price Adjustment Agreement The City of Ashland would like to move forward and work to finalize a contract with Knife River Materials to complete the work on the Ashland Street Overlay Project that you provided the City with a bid for back on April 18th of this year. We appreciate all the work that you did to work through the City's questions regarding a few of the bid items and also appreciate the willingness of Knife River to adjust some of the bid totals on those items. Attached is a modified bid schedule for your review and acceptance,which I believe reflects the changes that have been made to date. If everything looks acceptable on your end,I have included a spot below for both of our signatures,to act as a finalization of these updated bid totals that will be used for the project contract amount. Please let me know if you have any questions,comments,or concerns. Accepted By: 6, W/ 7 2-3 ',Knife • River aterials ' Dale ' Accepted By: ka14 J,DhHson 6 06/21/2023 • City of Ashland Date ENGINEERING DIVISION Vt / PUBLIC WORKS 4-- 20 E Main Street Tel: 541.488.5587 'fans Ashland,Oregon 97520 TTY: 800.735.2900 r t:17*..ri., ashland.or.us „,,..,,----,C 1 7 Y OF -SHLAND �"+t(Il atKe A',t 'I', IItc n.Nd Spec..No I " : ' : _ I 'Item:. " '_. `.Hid LUiIIU Qunndty.' +;Unit PricC:' _ Totnt P ile TEMPORARY FEATURES AND APPURTENANCES 10 _ 00210 Mobilization Lump Sum I'$ 375,000,00 $ 375,000.00 20 _ 00221 Temporary Work Zone Traffic Control,Complete Lump Sum I $ 235,000.00 'S 235,000.00 _ 30 00223 Flaggers Hour - 750 $ 90.00 $ 67,500.00 40 00280 Erosion Control Lump Sum I $ 7,000.00 $ 7,000.00 50 00280 Inlet Protection,Type 3 Each 3 $ 100.00 $ 300.00 60 00280 Inlet Protection,Type 7 Each 54 $ 25.00 $ . 1,350.00 70 00280 Inlet Protection,Type 10 . Each 12 $ 50.00 $ 600.00 80 00280 Sediment Barrier,Type 8Foot 115 $• . 6.25 $ 718,75 90 00290 Pollution Control Plan Lump Sum, 1 $ _ 200.00 $ 200.00 ROADWORK . 100 00305 'Construction Survey Work Lump Sum 1 $ 40,000.00 $ 40,000.00 110 00310 Removal of Structures and Obstructions Lump Sum' 1 $ 110,000.00 $ ' 110,000.00 • 120 00320 Clearing and Grubbing Acre 0.25 $ 50,000.00 $ 12,500.00 130 00330- General Excavation Cu Yd 990 $ 80.00 $ 79,200,00 -140 00331 12 Inch Subgrade Stabilization Sq Yd 3 $ 70,00 $ 210.00 150 00350 Subgrade GeotextileSq Yd 91 $ 2,00 $ 182,00 DRAINAGE AND SEWERS 160 00430 3 Inch Drain Pipe Foot 6.50 $ 70.00 $ 455.00 170 00470 Concrete Inlets,Type CG-3 Each 1 $ 6,000,00 $ 6,000.00 180_ 00490 Adjusting Boxes Each 29 $ 570.00 $ 16,530.00 190 00490 Extra for Inlet Top Replacement Each 4 $ 3,500.00 $ - 14,000,00 200 00490 Adjusting Inlets Each 12 $ 3,100.00 $ . 37,200.00 210 00490 Minor Adjustment of Manholes Each _8 $ 2,000,00 $ 16,000.00 220 00490 Connection to Existing Structures Each -- 1 $ 600.00 ,$ _ _600,00 BASES 230 00620 Cold Plane Pavement Removal,2 Inches Deep _ Sq Yd 454 $ 4.00 $ 1,816.00 240 00620 Cold Plane Pavement Removal,4 Inches Deep Sq Yd 6,761 $ 7.00 $ 47,327.00 250 00620 Cold Plane Pavement Removal,4 1/2--6 1/2 Inches Deep - Sq Yd 21,292 $ 8.00 $ 170,336.00 260 00620 Cold Plane Pavement Removal,6 1/2-9 Inches Deep Sq Yd 549 $ - 10.00 $ 5,490.00 270 00641 Aggregate Base Ton 1,268 $ 65.00 $ 82,420,00 280 00660 Lean Concrete Base,10 Inches Thick Sq Yd 21 $ 525,00 $. 11,025,00 WEARING SURFACES 290 00730. Emulsified Asphalt for Tack Coat Ton 15 $ 1,00 $ 15.00 300 00745 Level 3,3/8 Inch ACP in Leveling Ton 1,310 $ 135,00 $ 176,850.00 310 ' 00745 Level 3,1/2 Inch ACP Wearing Course with Fibers Ton 3,050 $ 135,00 $ 411,750.00 320 00745 Level 3,1/2 Inch ACP Base Course&Miscellaneous Ton 4,341 $ 124,00 $ 538,284.00 330 00745 PG 70-22ER Asphalt in 3/8 Inch ACP Ton 79 $ 0.01 $ 0,79 340 , 00745 PG 70-22ER Asphalt in 1/2 Inch ACP Ton 444 $ 0,01 $ 4,44 350 00749 Asphalt Slope Paving Sq Ft 268 $ 10.00 '$ -2,680,00 360 00749 Asphalt Walks Sq Ft 80 $ 20.00 $ 1,600.00 370 00759 Concrete Curbs,Curb and Gutter Foot 1,780 $ 69.00 $ _ 122,820.00_ 380 00759 Concrete Curbs,Standard Curb Foot 822 $. 50.00 $ 41,100.00 390 00759 Concrete Curbs,Retaining Curb Foot 50 $ 105.00 $ 5,250.00 400 00759 Concrete Walks Sq Ft 7,160 $ __ . 11.00 $ , 78,760.00 410 00759 Extra for New Curb Ramps - Each 40 $ 8,700.00 $ _. 348,000.00 420 00759. Truncated Domes on New Surfaces . . Sq Ft 703 $ 73,00 $ 51,319.00 PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES - 430 00856 Permanent Surface Mounted Tubular Markers ._ Each __ 230 $. 150.00 $ 34,500,00 440 00865 Thermoplastic,Extruded,Surface,Non-Profiled Foot _ 31,955 $ 1.80 $ 57,519,00 450 00867 Pavement Legdnd;Type B-HS:Arrows Each 17 $ 360.00 $ 6,120,00 460 00867 -Pavement Legend,Type B-HS:Bicycle Lane Stencil Each 18 $ 360.00 $ 6,480.00 470 _00867- Pavement Bar,Type B-HS Sq Ft_ 3,745 $ 15.00 $ 56,175.00 480 00868 Green Bicycle Lane,Preformed Thermoplastic Film Sq Ft 2,320 $ 15,00 $ 34,800,00 1 oft J•' -.CIT-v Or ASH LAN D [Iteat Nol:Spec.No.I'-'-.._,......1,- ' : �. . Item: __ '". . ,.::c.J Bid Unit I.Qnant*:I .; Unit Price' I' Total Price=="') PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS 490 00905 Remove Existing Signs Lump Sum 1 $ 1,500.00 $ 1,500.00., 500 00905 Remove and Reinstall Existing Signs Lump Sum 1 $ 1,200.00 $ 1,200.00 510 00920 Sign Support Footings Lump Sum 1 ,.$ 5,000.00 $ 3,000.00 520 00930 Perforated Steel Square Tube Slip Base Sign Supports Lump Sum _ I -$ 2,200.00 $ 2,200,00 530 00930 Perforated Steel Square Tube Anchor Sign Supports Lump Sum ." 1 $ 6,300.00 $ 6,300.00 540 00940 Signs,Standard Sheeting,Sheet Aluminum Sq Ft - 263 $ 40,00 $ 10,520.00 550 00990 Traffic Signal Modification,Ashland St at Siskiyou Blvd Lump Sum _I $ _ _ 98,000.00 $ 98,000,00 560 00990 Traffic Signal Modification,Ashland St at Walker Ave Lump Sum .. _ 1 $ 184,000.00 $ 184,000.00 570 00990 Flashing Beacon Installation,Ashland St at Stadium St Lump Sum 1 $ 36,000,00 $ _ 36,000.00 580 00990 'Flashing Beacon Installation,—Ashland St at Ray Ln - .. Lump Sum _ 1 .$ 44,000.00 $ 44,000.00 590 00990 'Flashing Beacon Installation,Ashland Stat 129+00 _ Lump Sum I $ 39,000.00 $ 39,000.00 RIGHT OF WAY,DEVELOPMENT AND CONTROL . _ 600 01030 ' Lawn Seeding _ Sq Yd 84 $ 20,00 $ 1,680.00 610 01030 Permanent Seeding Acre 0.1 $ 25,000,00 $ 2,500.00 620 01040 Topsoil Cu Yd 12 $ 100.00 $ 1,200.00 630 01040 Bark Mulch Cu Yd 6 $ 100,00 $ 600,00 640 01040 Rock Mulch _ Ton 0,2 $ 2,000,00 $ 400.00 650 01095 Remove and Reinstall Benches Each. 1 $ 1,000.00 $ 1,000.00. • 2 of 2 o2a � CIT OF r adt.goagethA, PUBLIC IMPROVEMENT CONTRACT FOR ASHLAND STREET OVERLAY PROJECT PROJECT NO. 2019-24 This Public Improvement Contract(hereinafter"Contract") is entered into by and between the CITY OF ASHLAND,an Oregon municipal corporation(hereinafter"City"),and LTM,Incorporated dba Knife River Materials.(hereinafter"Contractor"). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Karl Johnson,Associate Enkineer, Citv_ofAshland Public Works.Eniineeriiw Division 2. WORK: 2.1:The Work under this Contract is for the ASHLAND STREET OVERLAY PROJECT..Project No. 2019-24 as more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows: The Work is generally described as follows: An Asphalt overlay of approximately 0.75-mile of Ashland Street between Siskiyou Boulevard and Faith Avenue.Project and will include cold plane pavement removal of varying depths of the existing roadway,replacement of non-ADA compliant handicap access ramps,and asphalt concrete paving. The Statement of Work, including the delivery schedule for the Work,is contained in the Contract Documents. } 2.2. 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 the ASHLAVD.STREETOVERLAY 1 PROJECT Project No. 2019-24. Contractor shall secure all municipal,County, State,or Federal Permits or licenses including payment of permit fees,license fees, and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 3. EFFECTIVE DATE AND DURATION: This Contract is effective as of the date of execution by the City(the"Effective Date"). All • Work under this Contract shall,unless otherwise terminated or extended,be completed according to subsection 00180.50(h)Contract Time of the Project Special Provisions. 4. CONSIDERATION 4.1. City agrees to pay Contractor,at the times and in the manner provided in the Contract Documents,the sum of$3,748,086.98(three million, seven hundred and forty-eight thousand,eighty six dollars and ninety eight cents)for performing the Work required by this Contract,including allowable expenses.This sum cannot be modified except by Change Order approved in writing by the City.Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions. 4.2. 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 upon City appropriations,or other expenditure authority sufficient to allow City in the exercise of its reasonable 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. 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract,Contractor makes the following representations: 5.1. Contractor has examined and carefully studied the contract documents,and any data and reference items identified in the contract documents. 5.2. Contractor has visited the Site, conducted a thorough,alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress, and performance of the Work. 5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress,and performance of the Work. 5.4. Contractor has carefully studied all drawings of physical conditions relating to existing. surface or subsurface structures at the Site that have been identified or provided in the project bid documents especially with respect to technicaldata in such reports and drawings, and reports and drawings relating to hazardous environmental conditions,if any,at or adjacent to the Site that have been identified in the project bid documents,especially with respect to Technical Data in such reports and drawings. 5.5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;the contract documents;and the Site-related • reports and drawings identified in the contract documents,with respect to the effect of such information, observations,and documents on(1)the cost,progress, and performance of the Work; (2)the means,methods,techniques, sequences,and procedures of construction to be employed by Contractor; and(3)Contractor's safety precautions and programs. 5.6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations,investigations, explorations,tests,studies,or data are necessary for the performance of the Work at the Contract.Price,within the Contract • Times, and in accordance with the other terms and conditions of the Contract. 5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the contract documents. 5.8. Contractor has given City written notice of all conflicts,errors,ambiguities,or discrepancies that Contractor has discovered in the contract documents,and the written resolution thereof by City is acceptable to Contractor. 5.9. The contract documents are generally sufficient to indicate and convey understanding of all • terms and conditions for performance and furnishing of the Work. 6. 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 persopnam 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. page left intentionally blank • • • • • CONTRACTOR DATA,CERTIFICATION,AND SIGNATURE Business Name (please print): LTM.Incorporated dba Knife River Materials Contact Name: Jon Barton Phone: (541)770-2960 Fax: (541):6644567 Address P. O.Box 1145 Medford, OR 97501 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# ltiC01'4510 Construction Contractors Board#56603' Citizenship: Nonresident alien ❑ Yes I1 No Business Designation(check one): ❑ Individual ❑ Sole Proprietorship ❑ Partnership Corporation ❑ Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service(IRS)under the name and taxpayer I.D.number provided above.(See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2021 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2021 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury:and false swearing,that I/my business am/is not jn_violatioin of any Oregon tax laws; I further certify that the certification and representations'in Standard Term and Condition# 16 [CCB Registration Requirements] are true and 'correct, 'and further 1 certify that I am an independent contractor as defined in ORS 670.600. 4t CONTRACTOR: Signa ure/Title Joe.Soares, General Manager Printed name 6/22/2023 Date NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee. ._ CITY OF ASHLAND SIGNATURE CITY: ity 1VIana r City of Ashland `7323 Dat ATTACHMENTS: Certificate of Representation Standard Terms&Conditions Bid Schedule Insurance Requirements CERTIFICATE OF REPRESENTATION Contractor,under penalty of perjury,certifies that: (a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends,or (iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract,when executed and delivered,shall be a valid and binding obligation of Contractor enforceable in accordance with its terms,and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: X (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence,set aside as the Iodation Of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor:or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. (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 tothe labor or services to be provided.Ape . . _ 6/22/2023 Confr ctor Date EXHIBIT A - STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this Contract as an independent contractor. b. The Contractor represents and warrants that Contractor(i)is not currently an employee of the federal government or the State of Oregon,and(ii)meets the specific independent contractor standards of ORS 670.600,as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security,unemployment insurance,state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract,or,assign,sell,dispose of, or transfer any of its interest in this contract,nor delegate duties under the contract,either in whole or • in part,without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract.Anyassignee 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 transferof 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's-ate,disposal,•transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors,material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor,material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work,material or equipment. All Subcontracts are assignable to the City at City's option,in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract,the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers' Compensation. 3. No Third-Party Beneficiaries City and Contractor are the only parties to this Contract and are the only parties entitled„toenforceits 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,Construction Drawings, Standard Drawings,and Contract Addendums,all attached hereto,and incorporated herein by this reference,together with the Prevailing Wage (BOLI).if applicable AND any other separately hound reference,Oregon 2021 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,or otherwise available from the City,shall be deemed a part of the Contract Documents and incorporated herein, where applicable,as if fully set forth herein. 6. Contractor's Representations By executing this contract,the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents,including specifically the Offer,are true and correct and are • incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts,errors,ambiguities, or discrepancies that it has discovered in the Contract Documents,and the written resolution thereof by the City is acceptable to the Contractor,and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. • 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes,at a minimum,the following: i. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively,required testing of all Subject Employees every 12 months on a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug-testing Program."For the purposes of this section,an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue in full force and effect for the duration of this contract,and that Contractor will comply with the provisions of subsection(d)below. Further,the City's performance obligation(which includes,without limitation,the City's obligation to make payment)is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees,and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract;or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond,Payment Bond,and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty(30)days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten(10)days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City,and its authorized representatives,may suspend portions or all of the project work due to causes including,but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions,in the opinion of the City,which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended,nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections(a),(b)or(c). If the project work is suspended pursuant to subsection(f),the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal,.State,or Local statutes,ordinances,rules or regulations,or as a result of any violation by the Contractor of the terms of this contract,including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City,on 30 days written notice to the Contractor,may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract,in whole or in part,at any time for any reason considered by the City,in the exercise of its sole discretion,to be in the public interest. The City will provide the Contractor,and the Contractor's surety,seven(7)days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination,however,the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice,then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a),(b),or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. .b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall pay the Contractor as provided in subsection(a)of this section. c. If this contract is terminated under 10(d),by the City due to a breach by the Contractor,then the City shall pay the Contractor as provided in subsection(a)of this section,subject to set off of excess costs,as provided for in section 12,Remedies. 12. Remedies In the event of termination under 10(d),by the City due to a breach by the Contractor,then the City may complete the work either itself,by agreement with another contractor,or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the • total compensation provided under this contract,then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c),the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises,and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City,then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records - Contractor shall maintain,and the City and its authorized representatives shallhave access to all books,documents,papers and records of Contractor which relate to this contract for the purpose of making audit, examination,excerpts,and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract,including but not limited to background data,documentation and staff work that is preliminary to final reports,are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned,used or retained by the City until the final document is submitted. The City shall own all proprietary rights,including but not limited to copyrights,trade secrets,patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered"works made for hire"under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal,state, and local laws and ordinances,including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this Contract,including without limitation ORS Chapter 279A,ORS Chapter 279B,ORS Chapter 279C, ORS 279C.500 through 279C.670,and specifically ORS 279A.120(3),ORS 279C.515,ORS 279C.520,ORS 279C.530,ORS 279C.830 and ORS 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,ORS 279C.365(4),and ORS 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,ORS 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) Scotian 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,Contracts r_expressly.agrees to comply with all federal and state,tax laws. A condition or clause required'by law to,be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor,hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to i 701.055 and,further,that all subcontractors performing work as described in ORS 701.005(2)(i.e., construction work)will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond,as provided in ORS 279C.800 through 279C.870,that in performing this Contract,Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour,per day,and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838,each worker in each trade or occupation employed in the performance of the Contract either by Contractor, subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage,whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule,if applicable,can be found at the following website: littps://www.oreaona;ov/boli/WHD/PWR/Pagcs/pwr state.aspx. When both federal and state prevailing wages are required to be included in the contract specifications,the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality,as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840.Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required,in the form of a BOLI document,is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more,all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and '? Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract,or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall causeall 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•inust 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. 7 e. If the Contract is for a public work and the Contract price is$50,000 or more, Contractor shall supply and file,and require every Subcontractor to supply and file,with the City and with the Wage and Hour Division,Bureau of Labor and Industries(BOLI), 800 NE Oregon #32,Portland,Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor/Overtime limitation [ORS 279C.5201 [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day,or 40 hours in any one week,except in cases of necessity,emergency or when the public policy absolutely requires it, and in such cases,except in cases of contracts for personal services,the employee shall be paid at least time and a half pay: a. 1. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c. Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. d. When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract,providing the contractor has: 1. Caused a circular clearly printed in boldfaced 12-point type font and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. 2. Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. e. At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting,of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.5301 a. Pursuant to ORS 279C.530(1),Contractor shall promptly,as due,make payment to any person,co-partnership, association or corporation furnishing medical,surgical and hospital care servicesOr 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 providingor,paying for the services. b. Pursuant to ORS 279C.530(2),All employers, including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [ORS 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. [ORS 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 conti•actor in accordance with ORS 279C.570;or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: • The contractor may deposit bonds,securities,or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments.and pay the amount of the reduction to the contractor in accordance with ORS 279C.570.Interest on the bonds or securities shall accrue to the contractor. {or} • If the contractor elects,the City shall deposit the retainage,as accumulated,in an interest-bearing account in a bank,savings bank,trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1)or(5),the City may recover such costs from the contractor by reduction of the final payment.As work on the contract progresses,the contracting agency shall,upon demand,inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above,shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: a. Bills, certificates,notes or bonds of the United States. b. Other obligations of the United States or its agencies. c. Obligations of any corporation wholly owned by the federal government. d. Indebtedness of the Federal National Mortgage Association. e. General obligation Bond of the State of Oregon or a political subdivision thereof Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated withsuch 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 there from shall be made subject to all dlai ms,and liens and in the same manner and priority as set forth for retainage under ORS 2790.550 to 279C570 and 279C:600 to 279C.625.The City shall reduce the retainage in an amount equal to the value of the bond andpay the amount of the reduction to the contractor in accordance with ORS 279C.570.Whenever a City accepts,a suretybond 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 am ount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid,and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval,before the fifth of the following month,or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent(85%)of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site,or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site,and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made,the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment,whether incorporated in the project or not,will pass to the City upon receipt of such payment by the Contractor,free and clear of all liens, claims,security interests or encumbrances. Notwithstanding the above,when the progress estimate indicates that the progress payment would be less than one thousand dollars($1,000),no progress payment will be made for that estimate period,unless approved by the City. c. If the Contract price is determined,in whole or in part,on a Lump Sum basis,Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work;progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City,Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis,City may use unit prices bid in making progress estimates on the work. In case said unit prices do not,in the opinion of the City,truly represent actual relative costs of different parts of work,a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including,without limitation,claims from any City Department or other governmental agency,an amount equal to the claim may be withheld from the progress payments,final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty(30)days from sign off by the Contractor of the progress payment or fifteen(15)days after the payment is approved by City of work performed,whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate,less five percent (5%)retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein,such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%)of the work,the City may,at its discretion,reduce the retained amount equivalent to not less than one hundred percent (100%)of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion,and in good faith,the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or,because of subsequently discovered evidence or subsequent inspections,City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied,(2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor,materials or equipment, unless Surety consents to such payment,(3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum,(4)damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time,(6) unsatisfactory prosecution of the work by the Contractor,(7)claims against the Contractor by the City,(8)failure to submit a construction schedule or failure to keep said construction schedule updated,or(9)exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City,payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments,except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension,no further estimate may be accepted, or progress or other payments allowed until the Project is completed,unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein.[ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portiontof•the work is considered substantially complete. If it appears to the City that the work is not substantially complete,the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete,the City shall,within fifteen(15)days after receiving notice,make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted,City shall prepare a Certificate.of Substantial Completion,Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties;the City shall be responsible for operation and maintenance of that part of thework described in the Certificate of Substantial Completion,subject to the warranty,requirementsand protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages,if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100%complete,the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100%complete,the City shall,within fifteen(15) days after receiving notice,make a final inspection and either accept.the work or notify. Contractor of work yet to be performed on the Contract: A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met,including but not limited to,the submission by the Contractor of a signed Certificate of Compliance,Exhibit G and executed"Release of Liens and Claims"(Exhibit H). When the work is 100%complete,the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date.The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five(5)working days of receipt. Unless otherwise provided as a Special Provision,when City accepts the Certificate of Final Completion,the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period.The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29.The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. 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 final 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 final estimate and Certificate of Final Completion and processing same for payment all have been carried out. 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). 23. Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements,including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City,and in the event of failure to so agree,the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract,one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or changed)work and compensation. Such authorization must be in writing.The parties expressly recognize that,except when such order is in writing by an individual with delegated authority,City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such'werk. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor,including a material supplier,for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor,if payment is not made within 30 days after receipt of payment from the City,to pay to the first-tier subcontractor an interest penalty on amounts,due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph(a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made;and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts,for the purpose of performance of such contract condition,a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5)until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections(3)and(4)of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly,as due,to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)]The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)]The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)]The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1),if Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due,the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2),if the Contractor or a first-tiersubcontractorr fails;neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90- day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent..The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3),if the Contractor or a subcontractor fails,neglects or refuses to. make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is$18,703 or more,and Contractor is not paying prevailing wage for the work,Contractor must comply with Chapter 3.12 of the Ashland.Municipal Code by paying a living wage, as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages • City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section(I)of the Public Improvement Contract. City and Contractor also recognize the delays, expense,and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly,instead of requiring any such proof,City and Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the City a dollar amount per day based on calculations set forth in the Oregon Standard Specifications for Construction and the Special Provisions for this project,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 adjustedcontract:time,has expired shall in no way operate as a waiver on the part of the City or any •of its right's under this contract. The City may in its discretion.grant the Contractor an exterision of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal,state,and local laws,it being understood that acceptance of Contractor's work.by City shall not operate as a waiver or release. The Contractor shall hold harmless,indemnify,and defend City,its officers,agents,and employees from any and all liability,actions,claims,losses, damages or Other:costs of whatsoever nature,including attorney's fees and Witness,costs(at both trial and`appeal`level,whether or not:a trial or appeal ever takes place)that may be asserted by any person or entity aiising'froin,during or in connection with the performance of the work,actions or failure to perform actions,and other activities of Contractor or its officers,employees,subcontractors or agents,under this contract, including the professional negligent acts,errors,or omissions of Contractor or its officers,employees,subcontractors,or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor,to the City,and to their officers, agents, and employees on account of(a) the character or performance of the work,(b)unforeseen difficulties,(c)accidents,or(d)any other cause whatsoever.The Contractor shall assume this responsibility even if(a)fault is the basis of the claim,and(b)any act,omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim,loss,damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City,the Contractor shall,if the City so elects and upon tender by the City,defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly,and reimburse the City for any loss,cost,damage,or expense,including attorney fees,suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section,the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage,type,amount(or limits),policy numbers,effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested,copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance.Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance,Payment and Warranty Bonds/Notice of Bond Claims At the time of execution of the Contract,the Contractor shall furnish:(1)Performance Bond and(2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30,all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work.The bond(s)or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance,in an amount equal to 10%of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor.The notice may be sent or delivered to the contractor_at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above,if the claim is for a required contribution to a fund of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty In addition to and not in lieu of any other warranties required under the Contract,Contractor shall make all necessary repairs and replacements to remedy,in a manner satisfactory to the City and at no cost to the City,any and all defects,breaks,or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under,within,or adjacent to the work,whether or not caused by settling,washing, or slipping,when such damage or disturbance is caused,in whole or in part,from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair,be extended one year from the date of completion of such repair. If Contractor,after written notice,fails within ten days to proceed to comply with the terms of this section,City may have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where,in the opinion of the City,delay would cause serious loss or damage,repairs may be made without notice being given to Contractor and Contractor or Surety•shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,marital status,age,sexual orientation or national origin.Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion,color,sex,national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer,because of the race,religion,color,sex, national origin,marital status or age if the individual is 18 years or older or because of the race, religion,color,sex,national origin or age of any other person with whom the individual associates,or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual,or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms,conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation,termination,or suspension in whole or in part (<1). 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris,if feasible and cost effective. If the contract includes lawn and landscaping maintenance,Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost effective.[ORS 279C,510(1)&(2)] 33. Environmental Regulations Pursuant to ORS 279C.525(1),the following is a list of federal,state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal.Atencies: Agriculture,Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense,Department of Army Corps of Engineers Energy,Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S.Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation,Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services,Department of Agriculture,Department of Consumer&Business.Services,Department of Oregon Occupational Safety&Health Division Energy,Department of Environmental Quality,Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries,Department of Human Resources,Department of Land Conservation and Development Commission Parks and Recreation,Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands,Division of State) Water Resources Department Local Agencies: City of Ashland City Council(Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes,ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services;or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions_at the construction site that may require the successful bidder to comply with the ordinances,rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable bya reasonable pre bid visual site inspection,and,the condition requires compliance with the ordinances,mules or regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice of the.condition.te the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or naturalresource ordinance,rule or regulation,the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3)of this section without written direction from the contracting agency. Upon request by the City,the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution.Within a reasonable period of time following delivery of an estimate of this section,the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services;or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a)of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination,including overhead and reasonable profits, on the percentage of the work completed.The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection(c)or(e)above,the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(f)of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs,including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes,ordinances,rules or regulations.The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore,from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement,estimate or certificate is untrue or incorrectly made,or that work or materials do not conform in fact to the Contract.City shall not be precluded or estopped,notwithstanding any such measurement,estimate or certificate,or payment in accordance therewith,from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract,or from enforcing compliance with the Contract. Neither acceptance by City,or by any representative or agent of the City,of the whole or any part of the work,nor any extension of time,nor any possession taken by City,nor any payment for all or any part of the project,shall operate as a waiver of any portion of the Contract or of any power herein reserved,or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 37. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract,the prevailing party shall be entitled to recover from the other party,in addition to costs and disbursements provided by statute, any sum which a court,including any appellate court,may adjudge reasonable as attorney's fees. 38. Business License The Contractor shall obtain a City of Ashland business license as required by City ordinance prior to beginning work under this Contract. The Contractor shall provide a business license number in the space provided in this contract. 39. Notices/Bills/Payments All notices,bills,and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills,and payments sent by mail should be addressed as follows: City of Ashland Karl Johnson,Associate Engineer Public Works/Street Department 20 E.Main Street Ashland,OR 97520 and when so addressed,shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills,and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills,and payments are to be given by giving notice pursuant to this paragraph. 40. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirect,which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 41. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT,MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS,OR REPRESENTATIONS,ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE,CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. ATTACHMENTS: EXHIBI1 S_B-J EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS(BID,PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS EXHIBIT K NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS I• • EXHIBIT B COMPLIANCE WITH APPLICABLE LAW ;PUBLIC.IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS 279C.360 through and including ORS 279C.800 and is available through the city Engineering Office at 51 Winburn Way,Ashland, Oregon or online at wwwlea:state.dr.us/ors EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCt 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 El$1,000,000 or Z $2,000,000 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; premisesloperations;:and products/completed operations. Coverage shall not exclude excavation,collapse, underground, or explosion,hazards. Aggregate limits shall apply on a per-project basis. ® Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit,or the equivalent of not less than ❑$1,000,000 or®$2,000,000 for each accident for Bodily Injury and Property Damage,including coverage for owned,hired and non-owned vehicles."Symbol One"coverage shall be designated. ® Required by City ❑ Not required by City ❑ Builders Risk(Check here if required)insurance during construction to the extent of 100 percent;of the e 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 lumberon site;.(3)temporary structures;(4)equipment;and(5)supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from the Contractor or its insurer(s)to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City,and its agents, officers,and employees will be Additional Insureds,but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and employees against any liability that may imposed'upon themby reasonof the Contractor's or subcontractor's failure to provide workers'.coripensation and employers liability coveragge. 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. EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR ArCONTRACITOR,IS'AaCORPORATION,; 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. LTM, Inc dba Knife River Materials 6/22/2023 Entity 'gnature Date ILTAACTORr 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:) XA. 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 X a trade association membership. C. Telephone listing is used for the business that is separate from the personal residence listing. X D. Labor or services are performed only pursuant to written contracts. xE. Labor or services are performed for two or more different persons within a period of one year. X 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. 6/22/2023 � Date 570.1 ----- ratter Signature Project Manager Signature Date PERFORMANCE BOND The.Undersigned LTM, Incorporated dba Knife River Materials as principal.further referred to in this bond as Contractor and Liberty Mutual Insure nce* , as surety. further referred to in this bond as Surety, are jointly and seyeially bound unto City of Ashland as obligee,further referredlO in this bohd_as City,in the sum of Three Million Seven Hundred Forty Eight Thousand Eighty Six and 98/100 Dollars($ 3,7460.86.96, ). *Company&Travelers Casualty and Surety Company of America Contractor and City have entered into a written contract dated June_22,2023 , for the following project: ASHLAND STREET OVERLAY PROJECT NO.2019-24. 7.hiis contract is further referred to in this bend as the Contract and is iricorporatedinto.ithis blind by this reference. The conditionsofthi§bend are: 1. 'If Contractor faithfully performs the Centrect in:accordance with the plans.specifications and conditions of the contract Within the time prescribed by the Contract as required by ORS 270C,38I through 270C.18 ..,then this oblititicin is null and void;otherwise it shall remain in,full forte:and'effect. 2. If Contractor is declared by City to be in-default under the Contract,,the Surety shall promptly remedy the defaillfperforin all of Contractois obligations under the contract in accordance with its tet MS and conditions and pay to City all damages that are due_under the Contract. 3. This bond i§sribiect.totlaiiits under O .S. .380'through 279C.390, 4. This obligation Jointly and severally binds Contractor and Surety and their respective'heirs. executors,administratofs,-sticcesSors, , 5. Surety waives notice of modification of the Contact or extension of the Contract time • 6. :Nonpaymenfof the bend premium.shall not invalidate this bond. 7. 'The bond number and the narne;addre§§.arid telephone nuMber of the agent authorized to receive notices concerning thiibondare as follows: Bond Number: 190053676/107850140 _ _ _ - Bond Agent: Millis Towers Watson Midwest,Inc. Address: 8400 Normandale Lake Blvd.,Suite 1700 _ Bloomington,MN 55437 Telephone: 763-302-7159 SIGNED this 22nd day of June _ 20 23 , P_BRFORMANCB BOND Page 2 WITNESS: CONTRACTOR: LTM,I drporated dba Knife River Materials By: 6 (Corporate Seal) Title: 4tiaral itiokinaje r Legal Address: P.O.Box 1145 Medford,OR 97501 _ Attest: Corporate-Secretary WITNESS: Liberty Mutual Insurance Company& SURETY: Travelers Casualty and Surety Company of America --- : BY: (21,t7Caskt4--16‘.-.C,;.a) ,ws4.14, (Corporate Seal) feNit, Title: Heather R.Goedtel,Attorney-in-Fact * 1912 n vdzs.4.6 ,,t,b Legal Address:. 8400 Normandale Lake Blvd.,Suite 1700 0/7 * t•t'. Blooming-ten;MN 55437 .otstriffNe.„. Attest: I t owl. Corporate%kmMK VON% a . . .,.. $ Witness .....,..:0,0 . PAYMENT BOND The undersigned LTM,Incorporated dba Knife River Materials .as principal,further referred to in this bond as Contractor,and Liberty Mutual Insurance* .:as surety, futther referred to in this bond as Surety: are jointly and severally bound unto City of Ashland as abligee;:turther referred loin this bond as City.in the sum of Three Million Seven Hundred Forty Eight Thousand EightySix and 96/100 Dollars(S- 1,748,086.98 *Company&Travelers Casualty and Surety Company of America Contractor arid City have entered into a written contract dated June 22.2023 .for the following project: ASHLAND STREET OVERLAY PROJECT No. 261.924. 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 perfetms the Contract within the time,prescribed by the Centract and promptly makes payment to all claimants as defined in ORS 279C.600 through 279C.620,then this obligation is null and Void:,titherwise it Miall teMain in full force and effect. 1 If Conti attor is declared by City to be in default Linder ihe Contract,the Surety•shall promptly remedy the default,perform all of Conti actor7S obligations under the contract in accordance With its terins.and conditions and pay to City damages.that.are due under the Contract. 3. This bond is subject to Claims tinder ORS 279C,;600 through 279C,620. 4. This obligation ibintIV and sevet•ally,binds Conti act&iand'Surety,and their respective hen s keentott.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 rtarne, address, and telephone number of the anent authorized to receive notices Concerning this bend are as follows: Bond Number: 190053676/107850140 Bond Agent: Willis Towers Watson Midwest, Inc. Address: 8400 Normandale Lake Blvd., Suite 1700 Bloomington,MN 55437 Telephone: 763-302-7159 SIGNED this 22nd day of June 20 23 PAYMENT BOND Page 2 WITNESS: CONTRACTOR: LTM,I corporated dba Knife River Materials By: (Corporate Seal) Title: enereLf Legal Address: P.O.Box 1145 Medford, OR 97501 Attest: Corporate Secretary WITNESS: Liberty Mutual Insurance Company& SURETY: Travelers Casualty,and Surety Company of America By: 1.1 (Corporate Seal) vault, Title: Heather R.Goedtel,Attorriey-im;Fact itt 1912 Legal Address: _8400 Normandale Lake Blvd..Suite 1700 4,3 * 1,* Bloomington, MN 55437 , Attest: 1064, 4412: Corporate ok,,,* ( Witness • amno,411 ,Amigito Surety Acknowledgment State of Minnesota 1 } ss, County of Hennepin 1 On this 22nd day of June 2023, before me personally came Heather R. Goedtel, to me known,who being by me duly sworn,did depose and say that she is the Attorney-in-Fact of Liberty Mutual Insurance Company&Travelers Casualty.and.Surety Company of America described in and which executed the above instrument;that she knows the seal of said corporation;that the seal affixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation,and that she signed her name to it by like order. /r �, J,+' r ,,,x KELLY NICOLEENGHAUSEH l%� Notary Public C:iv Notary Puhlrc-Mrnneoot® This Power of Attorney limits the acts of those named herein,and they have no authority to . bind the Company except in the manner and to the extent herein stated. • 1•41,./K Liber Liberty Mutual Insurance Company P ‘ Utuap The Ohio Casualty Insurance Company Certificate No: 8209635-190003 1�� 1 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly_organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the'State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies°),pursuant to'and by authority herein set forth goes hereby,name constitute and appoin1,131akc S. Bohlig:.Brlan'D:Carpenter;Craig()Misread;Erik T..Gunkelvirritcy Pflilg;Heather R.Gociltel:Jessica Hecker,KellyNicole Enghauser:Laurie Pllugz Michelle'Halter: Michelle Ward;NieoieLanger . - I all Ofthe'eity of Bloomington state of MN_ each individually if there be more than one named,ilsltrue and'tatvfulattomey-in-factto make, execute,seal,acknowledge deliver,for and on its behalf as surety"and as its actand:deed;any and all'undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of March , 2023 . ' . Liberty Mutual Insurance Company ' v Mop, w tNs, ,%NS&R The Ohio Casualty Insurance Company �`esP"if.„T J oxe°,vq,�', : SGP"on''0e..,Z'Jpi West American Insurance Company 1912 ' e " • 1919 n 1991 o ��/� g alp'+ O O y� O ,, // f O NyS.4.0. a IO rty.Age`t dDo Ys MDUNp ..0 B ^'."'" /' Y' 'c r,? m David M.Carey.Assistant.Secretary `n State of PENNSYLVANIA , n m 0,County of MONTGOMERY• ss o ._ On this 20th day of March- . 2023._.before ma personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 8 n ore Company,The'Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes`E_ a) > therein conlained'by signing on behalf of the corporallons�py himself es a duty authorized officer. Tu IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. D O CO '- QFrs1,u"4,r c Cumrwpueanh'oiPenneyNania,Notary&cal W t� f Tarese Pasteue,NotaryPeuiic �R3 ej O ti cC^ = Monl9aurtnryCounlY ;7'.-...:11,04.,.) E E o.a) or• Mycomm15.i1onexpkinMapti28,2025 By: l.G4 ii 0 co v Cammission nymtler 1126044 V C d t v�vtafl.£� MenteUennsyYMNaAasoclatmhofNotarlaa eresa Pastella,Notary Public : o pcc'1 co Pie -N . r=te' .0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual °P E:- Insurance Company,and West American Insurance Company which resolutions are now In full force and effect,reading as follows: a.Insurance M m ARTICLE IV-OFFICERS:Section 12.Power of Attorney. `0 0 - Any officer or.ether official'of the Corporation authorized for.that purpose In writing by the Chairman or the President,and subject to;such limitation'as the Chairman or the-o m ,v_.;e .President may shalliappoint'such attorneys-in-fact as may be;necessaryto act in behalf of the Corporation toinake.execute,seal,acknowledge and;deliver as surety m= a4,1any and all undertakings,bonds,'recagnizancesand ether surety obligations. h Sucattorneys-In-fact,subject to the.limitations set forth in their respective powers of attorney;:shall a w •.:.t have full power to bind the Corporation by thea signature and'execution of any,such Instruhients and le attach thereto the:seal;of the Corporation.When so emoted,such o'vn oinstruments shall'be as binding as 6100141.0 President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the o 2 � Z-0, provisions:of,this_arlisie.maybe revoked at any time by the Board;the Ciiairinan.tlie'President or by the officer or officers granting such power or authority. LL, CI ARTICLEXIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. .Any officer of the Company authorised fof that'purpose in+tinting•by the chairman or the president,and subject tp such limitations as the chairman:of-the president may prescribe, shall appoint such attomfys4n-fack as may be,necessary tend'.in behalf of the Company to make execute;"seal acknowledge'and deliver as surety any and all undertakings, bonds;recognizances and other surety obligations.Such attomeys-in-fact subject to the limitatonsset forth in their respective powers of attorney shall have full power to bind the Company by their signature and execution of.any succi Instruments and_to attach'thereto the seal of the Com pany:When so executed such instrumentsshall be as binding as if signed by the president and attested by the secretary. Certiffcateef Designation-The President of the Company,acting pursuant to the Bylaws of the Company„authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- factas maybe necessary to act on behalf of the Company to make,execute,seal,acknowledge and'delnie r as surety any and all undertakings,bonds,recognizances and other surety obligations. • Authorization-By unanimous consent of Use Company's Board of Directors,the Company car sents.that facsimile or mechanically reproduced signature of any assistant secretary of the • Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 220 day of June , 2023 . tNSUp- 01 INSG ,' INSU,pq _ �Oo 00# ALO g`r-coo/4'tel. `Gp'�vRPoa4�+ P to .— �'' .FO n (C .�' '1tQ l 1912. o " 191 . n � W 1991 "-= _ /�,,..p Jam—' o o q d0$°-coo- .4- y- PfAilvt,t.� 41 ,NolAu a Bye ROW G.,Llewellyn,AssistahtSecretary LMS-12973 LMIC oCIC WAIL Multi Co 02121 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; Tbet Travelers Casualty and Surety Company:of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine insurance Company are corporations .duly organized under the laws of the State of Connecticut (herein collectively:called the"Companies");and that the Companies do hereby make,constitute and appoint HEATHER R GOEDTEL of BLOOMINGTON , Minnesota their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, 'recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. u • �O*0.1Y 404, 14;11 ^4 ' tue 'r : • State of Connecticut �f City of Hartford ss. 'obeil L.Rand , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. VPP . IN WITNESS WHEREOF,I hereunto set my hand and official seal. •4\ r,mnAr ` My Commission expires the 30th day of June,2026 a Puc (/ l eii Anna P.Nowik,Notary Public • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that :the Chairman, the President, any Vice :Chairman, any Executive Vice President any Senior Vice President, any Vice. President,any Second Vice President; the Treasurer,:any Assistant Treasurer, the'Corporate Secretary or any Assistant,Secretary may appoint Attorneys-in Fact and Agents to actfor•and on behalf of the Company and may give such.appointee such authority as his her certificate of authority May prescribe to sign with the Company's name and.seal with.the Company seal bonds, recognizances contracts of indemnity and otier writings :obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said..officers or the.Board of Directors at any time May: remove any such appointee and revoke_ttie power'given him or her arid it Is • FURTHER RESOLVED, that the Chairman, the president, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President May, delegate all or;any part of,the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is in writing and a'dopy thereof it-filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognisance, or conditional undertaking shall be valid and binding upon the Company when, (a) signed by the President any Vice .Chairman,-any Executive Vice President, any Senior•Vice President or any. Vice President,:any Second Vice President,; the Treasurer any Assistant Treasurer, the Corporate.Secretary Cr any Assistant Secretary and 'duty attested and sealed,,with the Company's seal by a Secretary or Assistant Secretary; or (b) 'duly executed ,(under seal, if required) by.one or more Attorneys in;Fact and Agents pursuant to the power prescribed in his or:h'er ,certificate or their certificates of authority or by one or more Company officers pursuant to a writtende_legetion•of authority;and it FURTHER RESOLVED, that'the,signature-of each;of the following officers: President, any Executive Vice_,President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company maybe affixed by facsimile to any Power of Attorney 'or"to any'certificate:relating thereto.appointing;Resident Vice Presidents, Reiplehf Assistant Secretaries or'Attorneys=in- Fact-for purposes only,of executing and attesting bonds and undertakings'and other writings Obligatory in the nature thereof,•.and any.such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such,power'so°executed and certified by,:such facsimile signature and facsimile seat-shall be valid and binding.an the Company in the'future With respect to,,any.band or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 22nd dayof June , 2023 �p • ./cip ry u��- ^J„�t appy. pp r '• 'V. _ LE.Hstantcrefary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. Ac �® � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)06126/2023 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 Marsh U.S.O erations • MARSH USA LLC. NAME: I P 333 South 7th Street,Suite 1400 (A/C.No,Ext): 866-966-0664 FAX No): 212-948-5382 Minneapolis,MN 55402-2400 E-MAIL Minnea olis.CertRe uest marsh.com ADDRESS: p q INSURER(S)AFFORDING COVERAGE NAIC# CN103060364-LTMM-GAWX-23-24 INSURER A:Liberty Mutual Fire Ins Co 23035 INSURED INSURER B:Berkshire Hathaway Specialty Insurance 22276 LTM,Incorporated dba Knife River Materials INSURER C: PO Box 1145 Medford,OR 97501 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-010388747-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY TB2-641-445905-323 01/01/2023 01/01/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED ,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY AS2641446115033 06/01/2023 06/01/2024 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) 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) B UMBRELLA LIAB X OCCUR 47XSF32875101 06/01/2023 06/01/2024 EACH QCCURRENCE _ $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WA264D446115013(AOS) 06/01/2023 06/01/2024 XS OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N WC2641446115063(MN) 06/01/2023 06/01/2024 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A General Liab.Excess Buffer TL2641446115043 06/0112023 06/01/2024 Each Occ/Pers.&Adv.Injury 4,000,000 GL Agg./Prod.-Comp Ops Agg 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:KRM Project No.16231112,Ashland Street Overlay,Contract No.2019-24. The City,and its agents,officers,and employees will be Additional Insureds,but only with respect to Contractor's services to be provided under this contract is/are included as additional insured under general liability where required by written contract and does not include professional liability coverage. Blanket Additional Insured for Automobile Liability is included where required by written contract. Auto Liability: Primary and Non-contributory applies to the insured's owned autos where required by written contract. Primary and Non-Contributory applies for General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION • City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland,OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103060364 LOC#: Minneapolis ARD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC. LTM,Incorporated dba Knife River Materials POLICY NUMBER PO Box 1145 Medford,OR 97501 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess liability applies to general liability,products and completed operations,automobile liability,and employers liability. • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • POLICY NUMBER:TB2-641-446115-023 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -.OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused,in whole or in part, by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However: C. With respect to the insurance afforded 'to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by • Section III—Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional'insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement;or by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury' or ' applicable limits of insurance. "property damage"occurring after: Schedule Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Any person or organization for whom you have agreed All locations as required by a written contract or in a written contract or agreement, prior to an agreement entered into prior to an"occurrence"or "occurrence"or offense,that such person or offense. organization be added as an additional insured to your policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number TB2-641-446115-023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM A If we'cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. , All other terms and conditions of this policy remain unchanged. Schedule Name of Other Person(s) / Email Address or mailing address: Number Days Notice: Organization(s): "Per Schedule On File With The Company" "Per Schedule On File With The Company" 90 LIM 99 010511 ©2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Schedule on file with the Schedule on file with the 90 Company Company • All other terms and conditions of this policy remain unchanged. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No.WA2-64D-446115-013 Effective Date Premium$ Issued to Knife River Corporation Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 • POLICY NUMBER:AS2-641-446115-033 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization where the named insured has agreed by written contract to include such person or organization as a designated insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1