HomeMy WebLinkAbout2024-016 PO 20240294 Adroit Construction Co IncB City of Ashland
ATTN: Accounts Payable
L 20 E. Main
L Ashland, OR 97520
T Phone:541/552-2010
O Email: payable(cDashland.or.us
NADROIT CONSTRUCTION CO, INC
PO BOX 609 D
O ASHLAND, OR 97520
R
Purchase Order
Fiscal Year 2024 Page: 1 of: 1
THIS PO NUMBER MUST APPEAR ON ALL
INVOICES, AND SHIPPING DOCUMENTS.
Purchas
Order # e 20240294
H
C/O Public Works Department
I
51 Winburn Way
P
Ashland, OR 97520
Phone: 541 /488-5347
O
Fax: 541 /488-6006
Vendor Phone Number
Vendor Fax Number
Requisition Number
Delivery Reference
20240061
Date Ordered
Vendor Number
Date Required
Freight Method/Terms
Department/Location
03/18/2024
5
FOB ASHLAND OR/NET30
Public Works De artment
Item#
Descri tion/PartNo
QTY
UOM
Unit Price
Extended Price
Alice Piel walkway staircase construction
1
Alice Peil Stairwav Replacement Proiect 2019-09
1.0
EACH
$182,200.00
$182,200.00
more fully described in the Contract Documents listed in Section 5
of EXHIBIT A
Project Account:
GL SUMMARY
088400 - 704100 $182,200.00
By:
Authorized Signature
Date:
PO Total $182,200.00
adroit
CONSTRUCTION
COMPANY, INC.
PO Box 609
Ashland, OR 97520
(541)482-4098 • (541)482-4218 Fax
To City of Ashland
Attn: Jason Strait, Project Manager
51 Winburn Way
Ashland, OR 97520
We are sending you the following:
LETTER OF TRANSMITTAL
3/12/2024
RE: Alice Peil Stairway Proj 2019-19
Copies Date Description
1 3.1.24 Adroit Construction Signed Contract for Alice Peil Stairway Proj 2019-19
1 3.11.24 Signed Payment & Performance Bond
1 3.11.24 Certificate of Liability Insurance for Adroit Construction Co., Inc.
1 2024 Adroit Construction W9
These are transmitted as checked below:
❑ For Approval ® For Your Use ❑ As Requested
❑ For Review and Comment ❑ For Bid Due_ ❑ Approved
❑ Approved as Noted ❑ Returned for Corrections ❑ Resubmit _ copies for approval
Remarks
Please email a scanned copy of the fully executed contract so Adroit Construction can process on our end.
Thank you.
Rachael Fullenwider
Adroit Construction Company, Inc.
Estimating Coordinator
Rachael.Fullenwider@adroitbuilt.com
INVITATION TO BID
FOR A PUBLIC WORKS CONSTRUCTION PROJECT
PW4 11
Irramia
CITY OF ASHLAND, OREGON
PROJECT NAME: Alice Peil Stairway Replacement
PROJECT NUMBER: 2019-09
PROJECT TYPE: Public Improvement
BIDS DUE BY: 2:00 pm PST, February 20, 2024
Invitation to Bid
Alice Peil Stairwav Replacement
2019-19
Notice is hereby given that the City of Ashland, Oregon, is currently accepting sealed Bids for Project 2019-
09, Alice Peil Stairway Replacement. All Bids received prior to the due date and time and in proper form
will be publicly opened and read aloud in the Siskiyou Conference Room at the time set forth above as the
deadline for receipt of Bids, and thereafter Bids shall be made available for public inspection. If the total
amount of the contract to be awarded will exceed $100,000, the award of the contract must be approved by
the Local Contract Review Board. A contract for the work will be awarded or Bids may be rejected, separately
or entirely, within thirty (30) days after Bid opening. The City may cancel this procurement or reject any and
all Bids in accordance with ORS 27913.100.
The general character of the work for this Project includes supplying all labor, equipment, and materials
necessary to perform the following major work items near 51 Winburn Way in Ashland, Oregon:
• Acquisition of pen -nits and issuance of all required notifications. Note that the City of Ashland will
provide the general building pen -nit and go through the planning approval process, however it will
remain Contractor's responsibility to obtain permits for work such as electrical or plumbing.
• Removal of existing Alice Piel steel stairs and associated materials
• Shop fabrication of new stairway
• Installation of new stairway
The solicitation documents, including plans and specifications for the Project, are downloadable at
OregonBuys (https://oregonbuys.pov/bso/). The solicitation documents and addenda may be downloaded at
no charge. They will NOT be mailed to prospective Bidders. Bidders should consult the OregonBuys website
regularly until closing to avoid missing any addenda.
TIME AND PLACES OF RECEIVING BIDS (BID CLOSING)
Bid Closing for the work described above will be at 2:00 pm on the 20th day of February 2024. Bids shall be
received before that date and time by Jason Strait, Project Manager.
For Bids submitted by mail or parcel delivery service, send sealed envelopes to:
City of Ashland
c/o Jason Strait, Project Manager
20 E. Main Street
Ashland, OR 97520
For Bids submitted by hand delivery, obtain a date stamp on the Bid and submit sealed envelopes to:
City of Ashland
c/o Jason Strait, Project Manager
51 Winburn Way
Ashland, OR 97520
The outside of the transmittal envelope shall bear the following infonnation:
Name of Bidder
Address and telephone number of Bidder
Title of Project
Date of opening
The words "Sealed Bid"
If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and
marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic
Data Interchange bids shall not be accepted. No bid will be received or considered by the City unless the bid
contains all the Required Bid Documents and Certifications.
Bids, Bid modifications, and Bid withdrawals will not be accepted at or after 2:00 pm on the day of Bid
Closing. Bids received late will be time and date stamped at the time of receipt, marked as "Rejected as Late
Bid" and will be returned, unopened to Bidder.
PLACE, TIME, AND DATE OF READING BIDS (BID OPENING)
Bid Opening of properly submitted bids for the work described above will be in the Siskiyou Room of the
Community Development and Engineering Services Building, 51 Winbum Way, Ashland, Oregon, beginning
at 2:00 pm on the day of Bid Closing.
COMPLETION TIME LIMIT
See Special Provisions Subsection 00180.50(h).
CHECKLIST FOR BID SUBMITTAL
1. Part I — Bid & Contract Documents
❑ Fill in bidder information on the first page.
❑ Indicate amount of bid bond in paragraph 18.
❑ Indicate bidder status in paragraph 26.
❑ Indicate number of addenda received in paragraph 34.
❑ Fill in bidder information and sign paragraph 37.
❑ Fill in unit prices and amounts for all bid items.
❑ Fill in the total bid amount.
2. First Tier Subcontractor Disclosure Form
❑ Fill in this form and include with bid schedule (or within 2 hours of closing).
3. Bid Bond
❑ Provide 10% bid bond on form included in Exhibit E
4. Prequalification
❑ Provide three (3) examples of previous projects similar in nature to the work scope
described in this ITB as part of bid package.
3
CHECKLIST FOR CONTRACT SUBMITTAL
1. Standard Public Improvement Contract
❑ Fill in contractor data and certification portions of the Contract.
❑ Sign the Contract.
2. Certifications of Representation
❑ Check all items that apply and sign.
3. ❑ Provide IRS Fonn W-9.
4. ❑ Exhibit D— Certification Statement for Cojporation as Independent Contractor. Complete
and Sign.
5. Performance Bond
❑ Provide on form provided in Exhibit E.
6. Payment Bond
❑ Provide on forni provided in Exhibit E.
7. ❑ Insurance certifications as required by Exhibit C.
4
Introduction and Table of Contents
All Contract Documents are listed below. Documents are either attached or bound separately and available
from the Project Manager. All Documents bound separately are incorporated into the Contract Documents and
have the sane force and effect as though set forth in full herein.
PART I - BID & CONTRACT DOCUMENTS
BIDAND BID SCHEDULE...........................................................................................................................................8
FIRST -TIER SUBCONTRACTOR DISCLOSURE FORM.....................................................................................15
PUBLIC IMPROVEi11ENT CONTRACT..................................................................................................................17
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE..........................................................................20
CERTIFICATE OF REPRESENTATION.................................................................................................................22
EXHIBIT A: STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT
CONTRACTS.......................................................................................................................................23
1. Contractor is Independent Contractor...............................................................................................................23
2. Subcontracts and Assignment..............................................................................................................................23
3. No Third -Party Beneficiaries...............................................................................................................................23
4. Successors in Interest............................................................................................................................................24
5. Contract Documents.............................................................................................................................................24
6. Contractor's Representations..............................................................................................................................24
7. Drug Testing [ORS 279C.505(2)1.........................................................................................................................24
8. Notice to Proceed...................................................................................................................................................25
9. Suspension of the Work........................................................................................................................................25
10. Early Termination.................................................................................................................................................26
11. Payment on Early Termination...........................................................................................................................26
12. Remedies................................................................................................................................................................26
13. Access to Records..................................................................................................................................................26
14. Ownership of Work..............................................................................................................................................27
15. Compliance with Applicable Law........................................................................................................................27
16. Registration with Construction Contractor's Board.........................................................................................28
17. Prevailing Wages/ BOLT Fee................................................................................................................................28
18. Hours of Labor /Overtime limitation [ORS 279C.5201 [ORS 279C.5401 [ORS 279C.5451 .............................29
19. Medical Care and Workers Compensation [ORS 279C.5301............................................................................29
20. Retainage...............................................................................................................................................................30
21. Progress Payments................................................................................................................................................31
22. Final Estimate and Final Payment......................................................................................................................32
23. Change Orders / Extra Work...............................................................................................................................34
25. Inspection and Acceptance...................................................................................................................................36
26. Liquidated Damages.............................................................................................................................................36
27. Liability, Indemnity and Hold Harmless............................................................................................................36
28. Insurance...............................................................................................................................................................37
29. Performance, Payment and Warranty Bonds / Notice of Bond Claims...........................................................37
30. One -Year Warranty..............................................................................................................................................38
31. Nondiscrimination in Labor.................................................................................................................................38
32. Construction Debris and Yard Waste.................................................................................................................39
33. Environmental Regulations..................................................................................................................................39
34. Waiver....................................................................................................................................................................41
35. Errors....................................................................................................................................................................41
36. Severability............................................................................................................................................................42
37. Attorney's Fees......................................................................................................................................................42
38. Business License....................................................................................................................................................42
39. Notices/Bills/Payments..........................................................................................................................................42
40. Conflict of Interest................................................................................................................................................42
41. Merger Clause.......................................................................................................................................................43
EXHIBIT B: COMPLIANCE WITH APPLICABLE PUBLIC IMPROVEMENT CONTRACT LAW .............44
EXHIBIT C: PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS................................45
EXHIBIT D: CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT
CONTRACTOR...................................................................................................................................46
EXHIBIT E: BONDS (BID, PERFORMANCE, PAYMENT).................................................................................48
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION......................................................................53
EXHIBIT G: CERTIFICATE OF COMPLIANCE..................................................................................................55
EXHIBIT H: CONTRACTOR'S RELEASE OF LIENS AND CLAIMS ...............................................................56
EXHIBIT 1: CERTIFICATE OF FINAL COMPLETION......................................................................................57
EXHIBIT J: ADDITIONAL INSTRUCTIONS TO BIDDERS...............................................................................58
EXHIBIT K: NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR
CONTRACTORS.................................................................................................................................64
EXHIBIT L: RESPONSIBLE BIDDER DETERMINATION FORM.....................................................................68
PARTII - SPECIAL PROVISIONS............................................................................................................................69
BACKGROUND............................................................................................................................................................69
SUMMARYOF WORK...............................................................................................................................................69
APPLICABLE SPECIFICATIONS.............................................................................................................................71
PART III -PLANS AND TECHNICAL DOCUMENTS...........................................................................................75
In the event of a conflict during construction, resolve any discrepancies according to 00150.10(a) Order of
Precedence of the 2021 ODOT Standard Specifications for Construction
PART I - BID & CONTRACT DOCUMENTS
CITY OF
ASHLAND OvLl
BID AND BID SCHEDULE
NAME OF BIDDER Adroit Construction Co., Inc.
CONTACT Jason Shanberg, President
ADDRESS 185 Mistletoe Road
CITY Ashland STATE OR ZIP 97520
TELEPHONE NO. (541) 482-4098
FAX NO. (541) 482-4218
EMAiL ADDRESS JasonS@adroi1bui11.com
adroitbuilt.com
To the Honorable Mayor and City Council
City Hall
City of Ashland
20 East Main Street
Ashland, Oregon 97520
In response to the City of Ashland's invitation to Bid, this Bid is submitted as an offer by the undersigned to
enter into a contract with the City of Ashland for furnishing all pennits, labor, tools, machinery, materials,
transportation, equipment and services of all kinds required for, necessary for, or reasonably incidental to, the
completion of all the work in connection with the Alice Pcil Stairway Replacement Project No 2019-09
(hereinafter "Project") for the City of Ashland, Oregon, as described in the contract documents, including the
general conditions, all applicable special conditions, plans, specifications or any supplemental documents.
This offer is subject to the following declarations as to the acts, intentions and understandings of the
undersigned and the agreement of the City of Ashland to the tenns and prices herein submitted.
I . The undersigned has familiarized itself with the nature and extent of the Contract Documents, the project
work, the site, the locality, the general nature of work to be performed by the City or others at the site that
relates to the project work required by the Contract Documents, local conditions, and federal, state, and
local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of
the project work.
2. 7'he undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions
(subsurface or physical) at or contiguous to the site (including without limitation utility interference) or
otherwise and which may affect the cost, progress, performance, or fin-nishing of the project work as
Contractor deems necessary for the performance and fimmishing of the project work at the Contract Price,
within the Contract Times, and in accordance with fire other teens and conditions of the Contract
Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports,
or similar information or data are or will be required by Contractor for such purposes.
3. The undersigned has notified (lie City ofany conflicts, enfors, ambiguities or discrepancies discovered in
the Contract Documents.
4. A voluntary pre -bid meeting will be held. The meeting will take place at 10:00 am on January 30, 2024
at location in Ashland (51 Winbu►n Way). All statements made by the Contracting Agency's
representatives shall be non -binding upon the Contracting Agency unless confinned by written
addendum.
It is understood that the City shall investigate and determine llte qualifications of the apparent low
responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or
disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids,
waive formalities, or to accept any bid which appears to serve the best interests of the City. The City
reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and
requirements and may reject all bids for good cause upon a finding that it is in the public interest to do
so. Evaluation of bids will be based on minimum requirements established by the specifications and
compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City
public contracting rules. Additional evaluation criteria are as follows: Demonstrated previous experience
with a similar scope of work. Please see paragraph 6 below.
6. As Pre -qualification the bidder shall submit a list of at least three (3) previous projects of a similar scope
to tbat described in this iTB as part of their bid package.
7. The deadline to file a written protest or request, pursuant to the Instructions to Bidders to change contract
tenns, conditions or specifications is not less than ten j10) calendar days prior to bid opening. Bid closing
may be extended by the City to consider a protest or request.
8. All of the contract documents, including all plans, specifications, and drawings have been examined and
an examination of the site of the proposed work, together with such investigations as are necessary to
determine the conditions to be encountered have been made by the undersigned and the terms and
conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is
accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar
to that attached Agreement and agree to be bound to the terns and conditions of said contract and
solicitation documents.
9. It is understood that the contract drawings may be supplemented by additional drawings and specifications
in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph
1 above, they shall have the same force and effect as though they were attached, and they sliall be accepted
as part of the contract when issued.
10. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of
receipt of such notice, execute a formal contract agreement with the City, The undersigned finhher agrees
that s/he will provide the following in order to execute the contract:
Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the
awarded contract;
Certificates of Insurance for Liability and property damage coverage;
Certificates of Coverage for Workman Compensation and unemployment insurance;
All other bonds, permits, licenses, infoiniation, etc, as required in the contract documents.
11. It is understood that all the work will be performed under a lump sum or unit price basis and that for the
lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the
project in accordance with the plans and specifications shall be furnished for the said lump sum or unit
price named. It is understood that the quantities stated in connection with the price schedule for the
contract are approximate only and payment shall be made at the unit prices named for the actual quantities
incorporated in the completed work. If there shall be an increase in the amount of work covered by [lie
lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will
have been earned and if there be a decrease in the lump stint payment, it shall be made only as a result of
negotiation between the undcrsigned and the Owner. Furthermore, it is understood that any estimate with
respect to lime, materials, equipment, or service which may appear on the plans or in (he specifications is
for the sole purpose of assisting the undersigned in checking the undersigned's own independent
calculations and that at no time shall flue undcrsigned attempt to hold the Owner, the Engineer, or any
other person, frrn or corporation responsible for any errors or omissions that may appear in any estimate.
12. The undersigned submits the unit prices as those at which he will perfornn the work involved. The
extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid
comparisons and if there are any discrepancies between the unit prices and the total amount shown, the
unit prices shall govern.
13. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and
services of all kinds required for, necessary for, or reasonably incidental to, cons(rnclion of this Project
with all appurtenant work as required by file plans and specifications of this Offer for the unit or lump
sum prices in the "BID SCHEDULE".
14. In stating prices, it is understood that the prices include all materials and work required to complete the
project in accordance with the Contract Documents, file plans and the specifications. If any material,
item, or service required by the plans and specifications has not been mentioned specifically in the "BID
SCHEDULE," the same shall be furnished and placed with (he understanding that the full cost to the City
has been merged with the several prices stated in the "BID SCHEDULE."
15. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when
the cancellation or rejection is in the best interests of the City as deternined by the City in accordance
wilt ORS 279B.100
16. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all
other incidental expenses to cover the finished work of the several kinds called for.
17. The undersigned shall furnish bonds required by the specifications and comply with the laws of the
Federal Government, State of Oregon and the City of Ashland which are perlinem to conslnrction
contracts of (his nature even though such laws may not have been quoted or refen•ed to in the
specifications.
18. Accompanying this Offer is a cerlified check, cashier's check or a bid bond, for the sum of
Bid Bond of 10% , payable to the City of Ashland, Oregon, (his being an amount for ten percent
(10%) of the total bid based upon the estimate of quantities at (he above price according to the conditions
of the advertisement. if this Offer is accepted by the City and the undersigned fails to execute a
satisfactory contract and bonds as slated in the Advertisen►enl within ten (10) working days from the date
of notification, then the City may, at its option, delennine that the undersigned has abandoned the contract
and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer
shall be forfeited to and become the properly of (he City of Ashland. If the bid is not accepted, the bid
security accompanying this Offer shall be returned to (lie undersigned.
19. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon
Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to
279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be
10
included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject
to the Davis -Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis -Bacon Act
requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of
ORS 279C.8381 279C.840 or 40 U.S.C. 3141 to 3148, [OAR 137-049-0200(1)(a)(3)].
20. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public
work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR
137-049-0370. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to
receive a contract for a public work pursuant to ORS 279C.860.
21. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women
or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands
and acknowledges that it may be disqualified from bidding on this public improvement project as set forth
in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding
a subcontract or that the Bidder has violated any requirement of ORS 279A.I 10 or the administrative
rules implementing the Statute.
22. The undersigned agrees that the time of completion shall be defined in the special provisions.
23. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the
registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-
0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid.
24. The undersigned bidder is licensed by the State Landscape Contractors Board, ff applicable, the license
is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0200(1)(a)(K)]
Bidder understands that failure to have a current LCB license shall result in rejection of this bid.
25. The undersigned is aware that no person may engage in any business within the City without first
obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland ordinance.
The Contractor and their subcontractors shall obtain a City of Ashland Business License prior to
beginning any work within the City of Ashland.
26, in detennining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a
percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given
to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that
has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately
preceding submission of the bid, has a business address in this state and has stated in the bid that the
bidder is a "resident bidder" of the State of Oregon. The undersigned represents hint/her self in this bid to
be either a Resident or a Nonresident bidder by completing the appropriate blank below.
• The Bidder is XX or is not a Resident Bidder as defined in ORS 279A.120.
27. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the
City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be
paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its
Councilors, Commissioners, off acts, agents or employees had induced him/her to enter into this Contract,
and the papers made a part of its terms;
28. Tile undersigned has not directly or indirectly induced or solicited any person to submit a false or sham
bid or refrain front bidding. The undersigned certifies that this bid has been arrived at independently and
submitted without connection with any person, frin or corporation making a bid for fire same ntafedal
and is, in all respects, fair and without collusion or fraud.
29. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place
and will demonstrate this prior to award of contract, (OAR 137-049-0200(1)(c)(B)]
30. The undersigned confinns that if this contract involves asbestos abatement or removal, the bidder is
licensed under ORS 468A.710 for asbestos removal.
31. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed
public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding
that it is in the public interest to do so.
32. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and
conditions other than those contained in this Solicitation and the Contract Documents.
33. The undersigned, by the act of submitting a bid, affirnrs that the undersigned has investigated and is
satisfied as to the site subsurface condition to be encountered, as to the character, quality and quantities
of work to be performed and materials to be furnished, and as to the requirements of the Contract.
34. The bidder understands that the City reserves the right to make changes to the Notice to Contractors /
Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date.
Addenda will be posted to the OregonBuys website for download. The bidder must check the
OregonBuys website frequently until closing.
The bidder acknowledges that the Addendunn(s) listed below have been reviewed online or a copy
obtained and considered as part of (lie submittal of this Offer and Bid Schedule.
ADDENDUM NUMBER 0 THROUGH 0 HAVE BEEN REVIEWED
35. The bidder understands that the City will be awarding (lie contract to the Responsible Bidder with the
lowest Responsive Bid per OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be
determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility
Detennination Fonn (Exhibit L).
36. Instructions for First -Tier Subcontractors Disclosure.
Bidders are required to disclose infornation about certain first -tier subcontractors (those subcontractors
contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 279C.370).
Specifically, when the contract amount of a first -tier subcontractor is greater than or equal to: (i) 5% of
the project bid, but at least $15,000, or (ii) $350,000 regardless of fire percentage, bidder must disclose
the following infornation about that subcontract within two working hours of bid closing:
• The subcontractor's name and address;
• The subcontractor's Construction Contractor Board registration number, if one is required,
and;
• The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure requirements, you are
required to indicate "NONE" on the form.
THE CITY WILL RUECT A BID IF THE BIDDER FAILS TO SUBMIT A PROPERLY
COMPLETIsD DISCLOSURE FORM WITHIN TWO HOURS OF BID CLOSING.
12
THIS DOCUMENT SHALL. NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO
SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY'THE DEADLINE.
The disclosure should be submitted on the ITh•st-Tier Subcontractor Disclosure Form attached to
this Invitation to Bid.
37. Bidder Information and Signature
Adroit Construction Co., Inc.
Finn Name of Bidder
S' na rrc of Bi er
Jason Stranhe(g
Printed Name of Bidder
President
Official Title
Oregon 44384
Stale of Incorporation CCB Number
Dated this 20th day of February 2024 .
Nanie of Bidder Adroit Construction Co., Inc.
Address 185 Mistletoe Road; Ashland, OR 97520
Telephone No. (541) 482-4098
Bid
Bid
Unit
Total Line
Item
Item Description
Unit
Qnty
Price
Price
I
Site h4obilintion and De -mobilization
LS
I
/it 00
2
Site Demolition
LS
1
SZ U
y2 SZU
'I•cnupormy Access Protection and
�8(Iv
3
Pedestrimi'I'raOicControl
LS
I
I6�00
4
Steel Fabrication
LS
i
51 30v
S7 30u
5
Coating (to include touch up)
LS
I
p 00
YD0
G
Site Work
US
I
210 I1f60
Zv $10
7
Steel Erection
I S
I
7Y 20
7Y 7.0
Removal mid Restomtion of Ancillary
'L2,006
ZZ.,OfJU
8
Services
LS
I
9
Suncy Work
LS
I
2soo
2,rou
13
BID SCHEDULE
BID TOTAL 1p Ag2 t Z(v
Jason Slranberg one Womwco FwNtx 7av TN*-X*-h 7uv Ilim'd (—&VOrf
Nmne ojAuthorized Representative Iolal ll titteu in Dollars
02/20/2024
Authorized Reptese(ttatire sigu41111-e " Date
adroit
CONSTRUCTION
COMPANY, INC.
Sample Projects
Sample Project 9
Project: Ashland High School Science Building Stair Replacement
Description: Replacement of 3 new Steel Staircases for the Science Building at Ashland High
School
Completion Date: September 2023
Amount: $1,093,200
Contact Name: Steve Mitzel, Ashland School District #5
Email. Steve.Milzel@ashland.k12.or.us Phone: 541-482-2811
Sample Project #2
Project: Southern Oregon University, Replace Madrone Hall Stairs
Description: Stair and Sidewalk Replacement at Madrone Hall on the SOU Campus.
Completion Date: September 2023
Amount: $66,700
Contact Name: Jim McNamara, SOU Facilities
Emall: mcnamaraj@sou.edu Phone:541-552-6700
Sample Project #3
Project: Heimann Cancer Center for Rogue Regional Medical Center
Description: Included construction of a 79,401 SF, three story medical building with 3 sets of Steel
Stairs
Completion Date: January 2022
Amount: $40,900,000 total construction, $350,230 Stairs
Contact Name: Ron Slack, Asante Health Systems
Emall: Ronald.Slack@asante.org Phone: 541-973-8783
P.O. Box 609 Ashland, OR 97520
Phone: (541)-482.4098 Fax: (541)-482.4218 www.adrollbuilt.com
OR NO.44384 CA NO.4549608
EXHIBIT E: BONDS (BID, PERFORMANCE, PAYMENT)
Ilfd Bond
We, Adroit Construction Company, Inc. , a corporation or partnership duly
organized under the laws of the State of oreao❑ , and authorized to transact business in the State
of Oregon, as "PRINCIPAL," and,
We, Western Surety Company a corporation or partnership duly
organized under the laws of the Stale of South Dakota , and authorized to transact business in the State
of Oregon, as "SURETY,"
hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and
assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of
($, 10% of Bid Amount )
Tan Parrant_pf$ili.AmpLill
Dollars.
The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice
to Conhwams wul L7vitation to Bid, submitted its Offer for the Alice Pell Stah-way Replacement Protect
No. 2019-09 , which Offer is incorporated herein and made a part hereof by this reference, and Principal is
required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid
pursuant to ORS 279C.365 and the City's public contracting rules and contract documents.
NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to
the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such
good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents
within the time specified said fixed by the Documents, then this obligation shall be void; otherwise it shall
remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish
the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond
stun as liquidated damages within ten (10) days of such failure.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized
legal representatives Ihis 16th day of February , 2014_.
Western Surely Co. Adroit Construction Company, Inc.
Surety Principal
12W9 SW 081h Pkviy, SuAe 200, Pduand,OR PO Box 009. Ashland, OR 97620
972
ddress Address
%`'•-
Susan Wilson Jase Stnanberg..eq
Attorney -in-Fact
[A ceilified copy of the Agent'sorney must be attached hereto.]
IMPORTANT— Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of Orel
48
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporatlon
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein a0 ixed hereby make,
constitute and appoint
Barb Piukhanl, Susan Wilson, Sheri Hanlilto>li, Shantal Young, Sandy Orr, Tamara Silvers,
Ltdividually
of Medford, OR, its tme and lawful Atiomey(s)-in•Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Aniounts -
and to bind it thereby as fully find to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to else authority hereby given, are hereby ralifred and confirmed.
This Power of Attorney is nude and executed pursuant to and by authority of tiic ByLew printed on Ore reverse hereof, duly adopted, as indicated, by
the shareholders oflhe corporation.
in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its coryomte seal to be hereto
affixed on this 31 st day of March, 2023.
ter WESTERN SURETY COMPANY
4St AV
Y2�rrion' aul T. Druflat, Vice President
Slate of South Dakota
ss
County of Atinnchaha
On this 3151 day of March, 2023. before me personally came Paul T. BruOat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; flint he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows Ore seal ofsaid corporation; l],at the seal affixed to the said instrument is such corporate seal; that it sras so affixed pursuant
to authority given by the Board of Directors of said corporation and Oral he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires
March 2,2026 ..... oaxou�
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify Thal the Power of Atiomcy hercinabove set foil], is still in force,
and further certify dial the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed die seal ofthe said cogwmlion this ny of
a+'o""�` WESTERN SURETY COMPANY
�4oQv oRgt�°�
s spAN—
L. Nelson, Assistant Secretary
Form P4280.7.2012
Go to www,cnasurety,com > Owner / Obllgee Services > Validate Bond Coverage, If you want to verify bond authenticity.
AuthorlAng By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for thevalidity of any bonds, policies, undertakungs, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate sea] may be printed by facsimile.
FIRST -TIER SUBCONTRACTOR DISCLOSURE FORM
INSTRUCTIONS
Instructions for Submitting Fonn
Submit the First -Tier Subcontractor Disclosure forni in any of the following manners:
• Not later than two working hours after the time set for opening Bids. (For example, before 4:00
p.m. after a 2:00 p.m. Bid Opening.) Submit according to one of the following methods:
• Print the form from tine Bid Booklet, fill it in, and:
o Deliver to the following address where it can be time and date stamped
City of Ashland
Community Development and Engineering Services Building
51 Winburn Way
Ashland, OR 97520, or
Instructions for First -Tier Subcontractor Disclosure
If the bid for this project exceeds $100,000 bidders are required to disclose information about first -tier
subcontractors that will furnish labor or labor and materials (See ORS 279C.370) if the contract amount
of a first -tier subcontractor is greater than or equal to: 1) 5% of the total bid or $15,000, whichever is
greater or 2) $350,000, regardless of the percentage of the total project Bid.
• The name of the subcontractor
• The category of work that the subcontractor will be perfonning
• The dollar amount of the subcontract
If the Bidder will not be using any first -tier subcontractors as defined above, the Bidder is still required
to submit the fomn, with the appropriate box checked or enter "NONE" on the first line.
THE, AGENCY MUST REJECT BIDS if the Bidder fails to submit the disclosure form Nvith this
information by the stated deadline.
FIRST -TIER SUBCONTItACT011 DISCLOSURE FORM
Project Name Alice Pell Stairway
Project Number 2019-09
lild Opening Date Februaty 20, 2024
Nmnc of Bidding Contractor Adroit Construction Co.. Inc.
❑ CHECK THIS BOX IF, YOU WILL NOT BE USING ANY FIRST -TIER SUBCONTRACTORS OR IF
YOU ARE NOT SUBJECT 70 THE DISCLOSURE REQUIREMENTS (SEE INSTRUCTIONS)
Firm Name FIiQ
Dollar Amount
CategoTy of Work
sy 96d
Finn Name Rki-poiz Dollar Amounl
Category of Work Da" IL 3ge,
Firm Name INFIN i t E (.TM G Dollar Amount
Category of Work
Finn Name Dollar Amount
Calegory of Work
Firm Name Dollar Amount
Category of Work
Firm Name Dollar Amount
Category:7ategory of Work
Finn Name Dollar Amount
CategoryCalcgory of Work
(Attach additional sheets as necessar),)
lrl
CITY OF
ASHLAND �i�
PUBLIC IMPROVEMENT CONTRACT
FOR
Alice Peil Stairway Replacement Project
PROJECT NO.2019-09
This Public Improvement Contract (hereinafter "Contract") is entered into by and between the CITY
OF ASHLAND, an Oregon municipal corporation (hereinafter "City"), and
Adroit Construction Co., Inc. (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:
Jason Strait PE
2. WORK:
2.1. The Work under this Contract is for the Alice Ped Stairway Replacement Project 2019-09
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.
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 Alice Peil StairwayePlacement
Proiect 2019-09 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:
17
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 on or
before 90 calendar days following Contractor's receipt of the written Notice to Proceed.
4. CONSIDERATION
4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, the sum of $182,200 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 Terns 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 Technical Data 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.
18
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 terns 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.
5.10. Contractor represents it has the proper asbestos certifications to complete the floor removal
part of the project.
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 personam jurisdiction of said courts. In no event shall this section be construed as a
waiver of the City of any form of defense or immunity.
19
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print): Adroit Construction Co., Inc.
Contact Name: Jason Stranberg Phone:541-482-4098Fax: 541-482-4218
Address 185 Mistletoe Road: Ashland, OR 97520
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of TV-9 is to be
submitted with the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License # 14000533Consttuction Contractors Board # 44384
Citizenship: Nonresident alien
Business Designation (check one):
Partnership Corporation XX
Yes X No
_ Individual Sole Proprietorship
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 Terns 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 Ihny business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
20
CONTRACTOR:
Jason Stranberg
Printed name
03/07/2024
Date
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland carless and rvrtil it
has been executed by the Public Contracting Officer or designee.
CITY OF ASHLAND SIGNATURE
CITY:
City Manager, City of Ashland
3/14/2024
Date
ATTACHMENTS: Certificate of Representation
Standard Terms & Conditions
Bid Schedule
Insurance Requirements
21
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 terns, and
(c) The work under the Contract shall be performed in accordance with the highest professional standards,
and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and
it is a corporation authorized to act on behalf of the entity designated above and authorized to do
business in Oregon or is an independent contractor as defined in the contract documents, and has
checked four or more of the following criteria:
X (1) I carry out the labor or services at a location separate from my residence or is in a specific
portion of my residence, set aside as the location of the business.
X (2) Commercial advertising or business cards or a trade association membership are purchased
for the business.
X (3) Telephone listing is used for the business separate from the personal residence listing.
X (4) Labor or services are performed only pursuant to written contracts.
X (5) Labor or services are performed for two or more different persons within a period of one
year.
X (6) I assume financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
03/07/2024
Con rac r Date
Jason StranCrg,reside t Adroit Construction Co., Inc.
22
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. Any assignee or transferee shall be considered
the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents
in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of
Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete
performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred
unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor
from any obligations of contract with City. Contractor will provide in all subcontract agreements that
the Subcontractor, material supplier and equipment supplier will be bound by the terns 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 tenninated for
default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this
Contract in the same manner Contractor is bound to City. Contractor further agrees that if
subcontractors are employed in the performance of this contract, the Contractor and its subcontractors
are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation.
3. No Third -Party Beneficiaries
City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its
terns. 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.
23
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 lVage (BOLD i applicable AND and
other separately bound re erence, 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,
24
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 pen -nits 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 perfonning 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 (0, 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.
25
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate (his 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 tennination, 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 tenninate
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 tennination 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
tennination.
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
tennination of the Contract and receipt of payment as provided in section I I (b).
13. Access to Records
Contractor shall maintain, and the City and its authorized representatives shall have access to all books,
documents, papers and records of Contractor which relate to this contract for the purpose of making
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audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of
applicable records shall be trade 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.0I0(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and
Bond); ORS 279A.I 10 (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) Section V of the Rehabilitation Act of 1973;
(iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and
administrative rules established pursuant to those laws; and (vii) all other applicable requirements of
federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor
expressly agrees to comply with all federal and state tax laws. A condition or clause required by law
to be in this contract shall be considered included and incorporated into the Contract and made a part
hereof by these references.
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16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board
or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055
and, further, that all subcontractors perfonning 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:
https:/hv%«v.oregon.gov/bolifWHD/PWR/Pages/pwr state.asox. 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 cause all subcontractors to do the same prior to starting
work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor
will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon
public works projects. The bond must be a continuing obligation, and the surety's liability for the
aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond.
The bond must remain in effect continuously until depleted by claims paid under this section, unless
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the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with
this requirement prior to pennitting the subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall
supply and file, and require every Subcontractor to supply and file, with the City and with the Wage
and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon
97232 a certified statement in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40
hours in any one week, except in cases of necessity, emergency or when the public policy absolutely
requires it, and in such cases, except in cases of contracts for personal services, the employee shall be
paid at least time and a half pay:
(a)
(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
(1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person,
co -partnership, association or corporation furnishing medical, surgical and hospital care services
or other needed care and attention, incident to sickness or injury, to the employees of the contractor,
of all sums that the contractor agrees to pay for the services and all moneys and sums that the
contractor collected or deducted from the wages of employees under any law, contract or agreement
for the purpose of providing or paying for the services.
(2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers
who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide
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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.5551 "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 contractor in accordance with ORS 279C.570;
or (b) At the election of the contractor, paid to the contractor in accordance with the two options below:
• The contractor may deposit bonds, securities, or other instruments with the City or in any bank or
trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In
such event the City shall reduce the retainage in an amount equal to the value of the bonds,
securities or instruments. and pay the amount of the reduction to the contractor in accordance with
ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or)
• If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest -bearing
account in a bank, savings bank, trust company or savings association for the benefit of the City.
Earnings on the account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS
279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final
payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the
contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as
permitted above, shall be of a character approved by the City Attorney and City Finance Director,
including but not limited to:
a. Bills, certificates, notes or bonds of the United States.
b. Other obligations of the United States or its agencies.
c. Obligations of any corporation wholly owned by the federal government.
d. Indebtedness of the Federal National Mortgage Association.
e. General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically
associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion
of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The
bond and any proceeds there from shall be made subject to all claims and liens and in the same manner
and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625.
The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of
the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety
bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor
or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in
an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or
supplier. [279C.560]
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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 terns 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 Surn 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
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percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent
to not less than one hundred percent (100%) of the contract value or estimated value or estimated
cost, whichever is greater, of the work remaining to be done. [279C.570(7)]
The City may decline to approve an application for payment and may withhold such approval if, in
the City's opinion, and in good faith, the work has not progressed to the point indicated by the
Contractor's submittal. The City may also decline to approve an application for payment or may
reduce said payment or, because of subsequently discovered evidence or subsequent inspections,
City may nullify the whole or any part of any payment previously made to such extent as may be
necessary in their opinion to protect the City from loss because of. (1) defective work not remedied,
(2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors
for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt
that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another
contractor's work, (5) reasonable indication that the work will not be completed within the Contract
time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor
by the City, (8) failure to submit a construction schedule or failure to keep said construction
schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have
been remedied satisfactorily to the City, payment shall be made for amounts withheld because of
them. Withholding of progress payments or partial payments under the criteria set forth above shall
not entitle the Contractor to interest on such withheld payments or partial payments, except as
provided in ORS 279C.570(9).
If Contractor fails to complete the Project within the time limit fixed in the Contract or any
extension, no further estimate may be accepted, or progress or other payments allowed until the
Project is completed, unless approved otherwise by City. Progress estimates are for the sole
purpose of determining progress payments and are not to be relied on for any other purpose. A
progress payment is not considered acceptance or approval of any work or materials or waiver of
any defects therein. [ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion
of the work is considered substantially complete. If it appears to the City that the work is not
substantially complete, the City shall not make an inspection. The City may make a general list of
major work components remaining. If it appears that the work is substantially complete, the City
shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work
or notify Contractor of work yet to be perfonned. If accepted, City shall prepare a Certificate of
Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion
by both parties, the City shall be responsible for operation and maintenance of that part of the work
described in the Certificate of Substantial Completion, subject to the warranty requirements and
protection of the work and all other applicable terns 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 11.
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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 Perfonnance 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 datnages 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 trailing 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 trade, 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(g).
Monies earned by the Contractor are not due and payable until the procedures set forth in the
contract documents for inspection, approval and acceptance of the work; for determination of the
work done and the amount due therefore; for the preparation of the final estimate and Certificate
of Final Completion and processing the same for payment; for consideration of the Contractor's
claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final
Completion and processing same for payment all have been carried out.
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.
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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 terns 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 work. Contractor further
expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all
extra work performed by Contractor without express and prior authorization of the City.
24. Contractor/Subcontractor Payment Obligations
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 perfornance 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
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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 requiting 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(i)(d)]
f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a subcontractor by any person in
connection with the Contract as such claim becomes due, the proper officer(s) representing the
City may pay the claim and charge the amount of the payment against funds due or to become
due Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first -tier subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with the public
improvement contract within 30 days after receipt of payment from the contracting agency or a
contractor, the contractor or first -tier subcontractor shall owe the person the amount due plus
interest charges commencing at the end of the 10-day period that payment is due under ORS
279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute
as defined in ORS 279C.580. The rate of interest charged to the contractor or first -tier
subcontractor on the amount due shall equal three times the discount rate on 90-day commercial
paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon
on the date that is 30 days after the date when payment was received from the contracting agency
or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest
may not be waived.
It. 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
itnprovetnent 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.
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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 tinieframe specified in Section
(1) of the Public hnprovement 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 adjusted contract
time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under
this contract. The City may in its discretion grant the Contractor an extension of time upon a showing
made by the Contractor that the work has been unavoidably delayed by conditions beyond the control
of the parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices
and standards as well as the requirements of applicable federal, state, and local laws, it being understood
that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor
shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all
liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees
and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that
may be asserted by any person or entity arising from, during or in connection with the performance of
the work, actions or failure to perform actions, and other activities of Contractor or its officers,
employees, subcontractors or agents, under this contract, including the professional negligent acts,
errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability
arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all
responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the
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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 an}, 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 terns 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
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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 perforning 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 terns 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
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discriminate against such individual in compensation or in terns, 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, tennination, or suspension in whole or in part (q).
32. Construction Debds 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.5I b(1) & (2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(l), the following is a list of federal, state and local agencies which have
enacted ordinances or regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Anny 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
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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 Aeencies:
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing
ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the
amendment of existing statutes, ordinances, rules or regulations relating to the prevention of
environmental pollution and the preservation of natural resources occurring after the submission of the
successful bid, the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non -City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference to known conditions at the construction site that
may require the successful bidder to comply with the ordinances, rules or regulations identified above.
If Contractor encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable pre -bid visual site inspection, and the condition
requires compliance with the ordinances, rules or regulations enacted by the governmental entities
identified above, the successful bidder shall immediately give notice of the condition to the contracting
agency. Except in the case of an emergency and except as may otherwise be required by any
environmental or natural resource 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
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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 tennination, 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 (0 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 conforni 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
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The Contractor shall perfoml 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 tenn 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 terns 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 teen 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
Jason Strait — Project Manager
Public Works
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.
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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.
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EXHIBIT B: COMPLIANCE
IMPROVEMENT CONTRACT LAW
WITH APPLICABLE PUBLIC
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 Winbum Way, Ashland,
Oregon or online at www.leg.state.or.us/ors
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EXHIBIT C: PUBLIC IMPROVEMENT CONTRACT INSURANCE
REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of
the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice
to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own
expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and
any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall
comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers
are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these
requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than
❑ $1,000,000 or ® $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; premises/operations; and products/completed operations. Coverage
shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a
per -project basis.
® Required by City ❑ Not required by City
Commercial Automobile Liability, insurance with a combined single limit, or the equivalent of not less than
❑ $1,000,000 or ® $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 ifreguired) insurance during construction to the extent of 100 percent of the value
of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include:
(1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related
to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent
not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the
City. This notice provision shall be by endorsement physically attached to the certificate of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents,
officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided
under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's
failure to provide workers' compensation and employers liability coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required endorsements.
Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be
provided to the City. Contractor shall be responsible for all deductibles, self -insured retention's, and/or self-
insurance.
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EXHIBIT D: CERTIFICATION STATEMENT FOR CORPORATION OR
INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below and
certify under penalty of perjury that it is a corporation.
Adroit Construction Co.. Inc.
President 03/07/2024
Entity (� SignaiXre-' Date
B. CONTRACTOR IS INDEPENDENT.
Independent Contractor Standards. As used in various provisions of ORS Chapters including but not
limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for
remuneration shall be considered to perform the labor or services as an "independent contractor" if the
standards of ORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional occupation
licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of
a periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
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(Check four or more of the following:)
X A. The labor or services are primarily carried out at a location that is separate from Contractors
residence or is primarily carried out in a specific portion of Contractors residence, which is set
aside as the location of the business.
X B. Commercial advertising or business cards are purchased for the business, or Contractor has
a trade association membership.
x C. Telephone listing is used for the business that is separate from the personal residence listing.
X D. Labor or services are performed only pursuant to written contracts.
x_ E. 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.
Project Manager
Jason Stranberia. President 03/07/2024
Date
Date
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Bond Number: 30195600
Performance Bond
The undersigned Adroit Construction Company, Inc. , as principal, further referred to in this bond as
Contractor, and Western Surety Company , as surety, further referred to in this bond as Surety, are
jointly and severally bottnd unto City of Ashland, as obligee, further referred to in this bond as City, in the
sum of One Hundred Eighty Two Thousand, Two Hundred Dollars & 00 Cents.
Dollars(S 182.200.00}
Contractor and City have entered into a written contract dated March 7.2024 , for the
following proiect: Alice Peil Stairway Replacement Pro*ect No. 2019-09. This contract is finllier
referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans, specifications
and conditions of the contract within the time prescribed by the Contract, as required by
ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall
remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the contract in
accordance Nvith its teens and conditions and pay to City all damages that are due under
the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. Surety -,vaives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent authorized to
receive notices concerning this bond are as follows.
Bond Number: 30195600
Bond Agent: Brown & Brown NW, Barbara Pinkham, Agent
Address: 3256 Hillcrest Park Drive
Medford, OR 97504
Telephone: 541-772-1111
SIGNED this 11th day of March 2024 ,
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WITNESS:
(Corporate Seal)
WITNESS:
(Corporate Seal)
PERFORMANCE BOND Page 2
CONTRACTOR: Adroit on r 'on Company, Inc.
By:
Title: Jason President
Legal Address: 185 Mistletoe Road
Ashland OR 97520
Attest:
Corporate Secretary
SURETY: Western Surety_ Company
By:
Title: Susan Wilson, Attorney -in -fact
Legal Address: Brown & Brown NW, 3256 Hillcrest Park Drive
Medford, OR 97504
Attest: N/A
Corporate Secretary
50
Bond Number: 30195600
Payment Bond
The undersigned Adroit Construction Comoany. Inc as principal further referred to in this bond as
Contractor, and Western StiraW company , as surety, further referred to in this bond as Surety, are
jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the
sum of One Hundred Eighty Two Thousand Two Hundred Dollars & 00 Cents.
Dollars (S ja2,2on.ok
Contractor and City have entered into a written contract dated March 7, 2024 , for the
following oroiect: Alice Pell Stairway Replacement Proiect No. 2019-09. This contract is fturther referred
to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
I. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and
promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then
this obligation is null and void; otherwise it shall remain in full force and effect.
2. if Contractor is declared by City to be in default under the Contract, the Surety shall promptly
remedy the default, perfornt all of Contractor's obligations under the contract in accordance
with its tenors and conditions and pay to City all damages that are due tinder the Contract.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent authorized to
receive notices concerning this band are as follows:
Bond Number: 30195600
Bond Agent: Brown & Brown NW Barb Pinkham, Agent
Address: 3256 Hillcrest Park Drive
Telephone:
Medford, OR 97504
541-772-1111
SIGNED this 11th
day of March 2024 .
PAYMENT BOND Pnee 2
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WITNESS: CONTRACTOR: Adroit Construction Company, Inc.
By:
(Corporate Seal) Title:Jason Stta��erg asident
Legal Address: jgFj MistlPtnP Rnad
Achland OR G7.9;9n
Attest:
Corporate Secretary
WITNESS:
SURETY: Western Surety Company
By: _�e� "0.— ''
(Corporate Seal)
Title: Susan Wilson, Attorney -in -fact
Legal Address: Brown & Brown NW, 3256 Hillcrest Park Drive
Medford, OR 97504
Attest: NIA
Corporate Secretary
52
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Barb Pinkham, Susan Wilson, Sheri Hamilton, Shantal Young, Sandy Orr, Tamara Silvers,
Individually
of Medford, OR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 31st day of March, 2023.
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
State of South Dakota I
ss
County of Minnehaha
On this 31 st day of March, 2023, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires �•••••• jijj BENT ,•••••
,�*�Naum wwc
March 2, 2026` aotrm oaxorx�
M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further cenify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation Ibis / I"d y of M etf . ;Za?, I/
WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Form F4280.7.2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, If you want to verify bond authenticity.
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
CITY'S Project No. Project No. _ N/A
Project:
CONTRACTOR
Contract Contract
For Date
This Certificate of Substantial Completion applies to:
0 All Work under the Contract Documents, or
❑ To the following specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of CITY,
CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance
with the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all
inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be
completed or
corrected by CONTRACTOR within Days of the above date of Substantial Completion.
The following documents are attached to and made a part of this Certificate:
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Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall
be as follows:
Security
■ City
❑ Contractor
Operation
■ City
❑ Contractor
Safety
■ City
❑ Contractor
Maintenance
■ City
❑ Contractor
Heat (NA)
❑ City
❑ Contractor
Utilities
■ City
❑ Contractor
Insurance
■ City
❑ Contractor
Warranties
❑ City
■ Contractor
Other Responsibilities:
city Contractor
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents,
nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract
Documents.
CONTRACTOR accepts this Certificate of Substantial ,
Completion on:
CITY accepts this Certificate of Substantial Completion on: _ ,
CITY of ASHLAND
File:
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EXHIBIT G: CERTIFICATE OF COMPLIANCE
CIP Number:
Contractor:
I, (We) hereby certify that all work has been performed and materials supplied in accordance with
the plans, specifications and contract documents for the above work, and that:
1. If required by law, not less than the prevailing rates of wages have been paid to laborers,
workmen and mechanics employed on this work.
2. There have been no unauthorized substitutions of materials; substitutions or assigmnent of
subcontractors; nor have any subcontracts been entered into without the names of the
subcontractors having been submitted to the City prior to the start of such subcontracted work.
3. All claims and indebtedness for material and labor and other service performed in connection
with these specifications have been paid.
4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust
Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or -
others (ORS 279C.530) have been paid.
5. All private property and easement areas have been satisfactorily restored in accordance with the
contract.
6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has
reported to the Oregon Department of Revenue such infonnation and in the manner as required
by ORS 279A.120(3).
Contractor:
By:
Title:
Date:
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EXHIBIT H: CONTRACTOR'S RELEASE OF LIENS AND CLAIMS
[THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION]
TO: City of Ashland
20 East Main Street
Ashland, Oregon 97520
FROM:
PROJECT:
In connection with our request for final payment for the above project, I, hereby
state that:
all subcontractors and suppliers on this project have been paid in full,
all obligations on the project have been satisfied,
all monetary claims and indebtedness on this project have been paid, and
all disputes with property owners have been resolved.
There are no liens or claims of any kind outstanding or threatened against the project.
Furthermore, I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor
or materials furnished under the contract for the above project.
SWORN STATEMENT
I hereby certify, under penalty of perjury and false swearing, that the foregoing statements are true
and correct.
Dated this day of , 20
Contractor:
By:
Title:
STATE OF OREGON )
) ss.
County of )
On this day of , 20_, before me personally appeared
whom I know personally
whose identity I proved on the basis of _
whose identity I proved on the oath/affinnation of
a credible witness to be the signer of the above document,
and he/she acknowledged that he/she executed the same under oath/affirmation.
Notary Public for Oregon
56
EXHIBIT I: CERTIFICATE OF FINAL COMPLETION
Project Number:
Project:
Contractor:
Contract Signed: Contract Expires:
Contract Completed: Delinquent:
I hereby certify that I have completed my contract, furnished the materials, and perfonned the work as
shown by the final estimate of the City, according to the plans and specifications.
Contractor Title Date
The City has determined the project is 100% complete in compliance with all contract documents.
Inspector Supervisor
Date
Project Manager Date
CITY of ASHLAND Title Date
Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion,
the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership
of the work and the start date of the warranty period.
57
EXHIBIT J: ADDITIONAL INSTRUCTIONS TO BIDDERS
The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and
contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions
control over any conflicting language in the City Standard Terns and Conditions, Special Provisions,
including Technical Provisions and the OAR provisions are incorporated herein by this reference.
1. BID PROVISIONS
a. Bid Security. [OAR 137-049-0290]
No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's
check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or
irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in
an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be
required to furnish a faithful performance bond and a labor and material payment bond each in the
amount of one hundred percent (100%) of the amount of the contract. Said security shall be
irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's
option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required
performance bond, the insurance, or to execute the contract within 10 working days after receiving
the contract from the City for execution. When a bond is used for bid security, the bond shall be
executed by a surety company authorized to transact business in the State of Oregon. THE
BIDDER SHALL HAVE THE SURETY USE THE BID BOND FORM PROVIDED HEREIN.
IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON -RESPONSIVE AND
SHALL BE REJECTED.
All such certified checks or surety bonds will be returned to the respective bidders within 10
working days after the bids are opened, except those of the two low bidders. The bid security of
the two low bidders will be held by the City until the selected bidder has accomplished the
following:
A. Executed a formal contract;
B. Executed and delivered to the City a Perfornance Bond and Payment Bond, both in the
amount equal to 100% of the Contract Price;
C. Furnish proof of public works bond filed with BOLI; and
D. Furnish the required Certificates of Insurance.
Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and
Payment Bond and furnishing proof of a Public Works Bond filed with BOLI by the successful
bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract
and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the
bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said
bid security be declared by the Council if the contract and perfornance bond and payment bond
are not executed and delivered to the City within ten (10) working days of the day of the receipt by
the successful bidder of the prepared contract. The Council, at its option, may determine that the
bidder has abandoned the submitted accepted bid, in which case the bid security shall become the
sole property of the City and shall be considered as liquidated damages and not as a penalty for
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failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall
be returned to them after the contract has been awarded and duly signed.
2. FORM OF BID
A. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on
the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly
authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink
by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms
except as directed by addendum. All applicable blanks giving general information must be
completed, in addition to necessary unit price items and total prices in the column of totals to
make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is
accepted for award, binds the bidder to a contract and the terns and conditions contained in the
Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon
the City's acceptance of specifications or contract terms which conflict with or are in addition
to those advertised in the Notice to Contractors and Invitation to Bid. Any statement
accompanying and tending to qualify a bid may cause rejection of such bid, unless such
statement is required in a bid embracing alternative bids
B. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low
Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to
reply to all items required in the bid may be rejected.
C. Bidders shall state whether business is being done as an individual, a co -partnership, a
corporation, or a combination thereof, and if incorporated, in what state, and if a co -partnership,
state names of all partners. The person signing on behalf of a corporation, a co -partnership or
combination thereof shall state their position with the frnn or corporation, and state whether
the corporation is licensed to do business in the State of Oregon.
3. INTERPRETATION OF CONTRACT AND ADDENDA
If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract
documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the
City Contact Person/ Project Manager. The City will investigate and determine if an addendum will
be issued.
If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently
described or explained in the Contract Documents or that Contract Documents are not definite and
clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder
may make written inquiry regarding same to the Project Manager at least ten (10) days, unless
otherwise specified, before the scheduled closing time for submission of bids.
If, in the opinion of the Project Manager, additional information or interpretation is required, an
addendum will be issued to all known specification holders.
Any addendum or addenda issued by the City which may include changes, corrections, additions,
interpretations or information, and issued seventy-two (72) hours or more before the scheduled
closing time for submission of bids, Saturday, Sunday and Iegal holidays not included, shall be
binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be
posted on the website and available at Community Development Department Counter; failure of
59
the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith
if they are awarded the contract.
ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE
PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO
PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY.
4. EXAMINATION OF CONTRACT, SITE OF If'ORKAND SUBSURFACE DATA
A. Logs of test holes, test pits, soils reports, ground -water levels and other supplementary
subsurface information are offered as information of underlying materials and conditions at the
locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a
result of any variance between conditions contained in or interpretations of test reports and the
actual conditions encountered during progress of the work.
B. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making
necessary studies or designs for the preparation thereof, or for procuring or contracting for the
items to be furnished under the Invitation to Bid. When submitting a bid, the Bidder agrees
that consideration has been given to the requirements and conditions contained throughout
these Bid Documents.
C. Notice: It is further understood that a Bid awarded hereunder is subject to the City being able
to comply with all zoning and land development ordinances or obtain rezoning of the property
where necessary, and comply with local building code restrictions and conditions for structures
contemplated in the project, any or all of which conditions may be contained in the Contract or
Contract Special Provisions and if such conditions are not satisfied may result in termination
of the Contract.
S. FAMILIARITY WITH LAWSAND ORDINANCES
A. The Bidder is presumed to be familiar with all Federal, State, and Local laws, ordinances, and
regulations which in any manner affect those engaged or employed in the work or the materials
or equipment used in the proposed construction, or which in any way affect the conduct of the
work. If the Bidder, or Contractor, shall discover any provision in the Contract which is
contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be
reported to the Owner in writing.
6. UNIT BIDS
A. The estimate of quantities of work to be done under unit price bids is approximate and is given
only as a basis of calculation for comparison of bids and award of the Contract. The City does
not warrant that the actual amount of work will correspond to the amount as shown or
estimated. Payment will be made at unit prices under a contract, only for work actually
performed or materials actually furnished according to actual measurement that were necessary
to complete the work.
B. Bidders must include in their bid prices the entire cost of each item of work set forth in the Bid,
and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid
may be rejected.
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C. The unit contract prices for the various bid items of the contract shall be full compensation for
all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required
for the complete incorporation of the item into the work the same as though the item were to
read "In Place."
7. WITHDRA IVAL, MODIFICATION OR ALTERATION OF BID
A. Bids may be withdrawn on written request received from the bidders prior to the time fixed for
opening. The request shall be executed by the bidder or a duly authorized representative. The
withdrawal of a bid does not prejudice the right of the bidder to file a new Bid. Negligence on
the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after
it has been opened. The Bid will be irrevocable until such time as the City:
• Specifically rejects the Bid, and
• Awards the contract to another bidder and said contract is properly executed.
All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the
bid opening.
B. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or
the Bidder's agent. If the intent of the Bidder is not clearly identifiable, the interpretation most
advantageous to Owner will prevail.
C. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the
City has not awarded a contract.
8. ARSTAKES IN BIDS
A. To protect the integrity of the competitive solicitation process and to assure fair treatment of
Bidders, City will carefully consider whether to pen -nit waiver, correction or withdrawal for
certain mistakes.
B. Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error
in judgment. If the City discovers certain mistakes in a Bid after Opening, but before Award of
the Contract, the City may take the following action:
(a) Citymay waive, orpermit a Bidder to correct, a minor informality. A minor informality
is a matter of form rather than substance that is evident on the face of the Bid, or an
insignificant mistake that can be waived or corrected without prejudice to other
Bidders. Examples of minor informalities include a Bidder's failure to:
(i) Return the correct number of Signed Bids or the correct number of other
documents required by the Solicitation Document;
(ii) Sign the Bid in the designated block, provided a Signature appears elsewhere in
the Bid, evidencing an intent to be bound; and
(iii)Acknowledge receipt of an Addendum to the Solicitation Document, provided: it
is clear on the face of the Bid that the Bidder received the Addendum and intended
to be bound by its terns; and the Addendum involved did not affect price, quantity
or delivery.
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(b) City may correct a clerical error if the error is evident on the face of the Bid, or other
documents submitted with the Bid, and the Bidder confirms the City's correction in
writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include
typographical mistakes, errors in extending unit prices, transposition errors,
arithmetical errors, instances in which the intended correct unit or amount is evident
by simple arithmetic calculations (for example a missing unit price may be established
by dividing the total price for the units by the quantity of units for that item or a
missing, or incorrect total price for an item may be established by multiplying the unit
price by the quantity when those figures are available in the Bid). In the event of a
discrepancy, unit prices shall prevail over extended prices.
(c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the
Bid only if the Bidder shows with objective proof and by clear and convincing
evidence:
(i) The nature of the error;
(ii) That the error is not a minor informality under this subsection or an error in
judgment;
(iii)That the error cannot be corrected or waived under subparagraph (b) of this
subsection;
(iv) That the Bidder acted in good faith in submitting a Bid that contained the claimed
error and in claiming that the alleged error in the Bid exists;
(v) That the Bidder acted without gross negligence in submitting a Bid that contained
a claimed error;
(vi) That the Bidder will suffer substantial detriment if the City does not grant it
pennission to withdraw the Bid;
(vii) That the City's or the public's status has not changed so significantly that relief
from the forfeiture will work a substantial hardship on the City or the public it
represents; and
(viii) That the Bidder promptly gave notice of the claimed error to the City.
(d) The criteria in subsection (c) above shall determine whether a City will permit a Bidder
to withdraw its Bid after Closing. These criteria also shall apply to the question whether
an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond (or
other bid security), or without liability to the City based on the difference between the
amount of the Bidder's Bid and the amount of the Contract actually awarded by the
City, whether by award to the next lowest Responsive and Responsible Bidder or the
best Responsive and Responsible Proposer, or by resort to a new solicitation.
C. Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face
of the Bid and the intended correct Bid is not evident or cannot be substantiated from
documents accompanying the Bid (i.e., documents submitted with the Bid).
9. REJECTION OF BIDS
a. The City may reject any Bid upon a finding that the Bid meets the criteria specified in OAR 137-
049-0440(1)(a) or (b) or has not provided the certification required under OAR 137-049-0440(3).
The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-
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0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public
interest to do so. In any case where competitive bids are required and all bids are rejected, and the
proposed contract is not abandoned, new bids may be called for as in the first instance. The City
may, at its own discretion, waive minor informalities.
b. This Invitation to Bid does not commit the City to pay any costs incurred by any Bidder in the
submission of a Bid, or in making necessary studies, subsurface investigations or designs for the
preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the
Contract Documents.
The City reserves the right to reject any or all bids when such rejection is in the best interest of the
City of Ashland. Bids may be rejected if they show any alteration of form, additions not called for,
conditional Bids, incomplete Bids, erasures, or irregularities of any kind.
When Bids are signed by an agent, other than the officer or officers of a corporation authorized to
sign contracts on its behalf, or a member of a partnership, a "Power of Attorney" must be submitted
with the Bid or on file with the City Administrator prior to opening of bids; otherwise, the Bid will
be rejected as irregular.
More than one Bid from an individual, finn, partnership, corporation, or combination thereof with
an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in
which such individual, firm, partnership, corporation, or combination thereof, is interested.
If there is reason to believe that collusion exists among bidders, none of the bids of the participants
in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices
are obviously unbalanced may be rejected.
10. BID PROTEST. [OAR 137-049-02601.
Bidders may, in writing protest or request changes of any specifications or contract terns in
accordance with adopted City contracting rules. The written protest or request for changes must
be received by the City no later than ten (10) calendar days prior to the Bid Closing Date. The
written protest or request shall include the reasons for the protest or request, and any proposed
changes to the bid specifications or contract terms and a description of the prejudice to the bidder.
Envelopes containing bid protests shall be marked "Contract Provision Protects or Request" with
the Bid Number and Closing Date. No protest against award, owing to the content of the bid
specifications or contract terns shall be considered after the deadline established for submitting
protests of bid specifications or contract terns.
11. ORS 654.150 SANITARY FACILITIESAT CONSTRUCTIONPROJECTS STANDARDS,
EXEMPTIONS
If the contract price is estimated (itemized bid) or bid (lump sum) by Contractor at $1,000,000 or
more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether
or not a specific bid item is provided therefore) that may be incurred in complying with or securing
exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at
construction projects; standards, exemptions) and the rules adopted pursuant thereto.
Determination of applicability of ORS 654.150 to the project is the sole responsibility of the
Contractor.
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EXHIBIT K: NONDISCRIMINATION AND EQUAL OPPORTUNITY
POLICY FOR CONTRACTORS
CITY OF ASHLAND
Nondiscrimination and Equal Opportunity Policy_for Contractors
1. GENERAL POLICY OF NON-DISCRIMINATION
It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race,
religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect
to employment, public services, facilities and accommodations. This policy is reinforced by
obligations assumed by the City as a condition of receipt of federal and state funds. This policy
thus becomes an obligation which must be assumed by the Contractor as well. Because in some
cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges
with respect to employment, public services, facilities or accommodations, the following more
specific obligations, terms, or conditions shall apply.
2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF
With respect to terms and conditions of employment and hiring only, the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity without regard
to religion if every reasonable effort has been made to accommodate the particular religious beliefs
or practices of an employee or applicant for employment, but such accommodation cannot be made
without undue hardship to the employer.
3. DISCRIMINATION BECAUSE OF SEX
With respect to terns and conditions of employment and hiring only, the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity
notwithstanding any rule, standard, practice, or decision which accords an employee or applicant
different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona
fide occupational qualification which the employer cannot, without undue hardship, modify or
waive to accommodate the employee or applicant.
With respect to public services, facilities, and accommodations the Contractor shall be deemed to
have complied with the general obligation of according equal opportunity notwithstanding any rule,
standard, practice, or decision which restricts or limits access to such on a basis of sex where:
A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be
segregated on the basis of sex to accord personal privacy or comply with local, state, or
federal law, or ordinance, or administrative regulation; or
B. The content or subject matter of a program or service is clearly of benefit to persons of a
particular sex only because it deals with medical, psychological, or sociological factors
inherently linked to the characteristics of one sex only, or its effectiveness in providing
benefit to persons of one sex would be unreasonably and adversely affected by the
participation of persons of the opposite sex.
64
9. DISCRIMINATION BECAUSE OF DISABILITY
With respect to terms and conditions of employment and hiring only, the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity to persons
who are physically or mentally disabled if every reasonable effort has been made to accommodate
any physical or mental disabilities of an employee or applicant, but such accommodations cannot
be made without undue hardship to the employer; or where, because of such disability, the
employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or
modified without undue hardship to the employer.
With respect to public services, facilities and accommodations only, the Contractor shall be deemed
to have complied with the general obligation of according equal opportunity to persons who are
physically or mentally disabled where:
A. Architectural barriers limiting access to facilities owned or occupied by the Contractor
cannot be eliminated without structural alterations, and are permitted to remain under the
provisions of the Oregon State Structural Specialty Code; or
B. A program or activity, viewed in its entirety, is readily accessible to and usable by persons
who are physically or mentally disabled.
C. The purpose of the program, service, or facility is to provide a special benefit to persons
characterized by a particular handicap in some respect specially related to the educational,
medical, psychological, mobility, social or economic needs of persons so disabled.
5. DISCRIMINATIONBECAUSEOFAGE
With respect to terns and conditions of employment and hiring only, the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity regardless of
age where:
A. Certain positions include duties which must, bylaw or ordinance, be perfornred by persons
over a certain age, and the employer cannot accommodate the employment of a person
under that minimum age without undue hardship;
B. The employee or applicant has passed any applicable age established by the Congress of
the United States beyond which an employer; may reject an employment application or
mandate an employee's retirement.
With respect to public services, facilities, and accommodations only, the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity without regard
to age where:
A. The purpose of the service, facility, or accornmodation is to benefit or serve persons under
18 years of age or their adult custodians in some respect specially related to the needs of
such persons; or
65
B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65
years of age or older in some respect specially related to the educational, medical,
psychological, mobility, social, or economic needs common to persons of that age group.
6. DEFINITIONS
As used in this Policy, there are several teens specifically defined in various federal, state, and
local laws, ordinances, and administrative regulations applicable either because of the City's receipt
of federal or state funds, or because they are general laws and ordinances prohibiting
discrimination. In addition, judicial and administrative decisions have created an additional body
of law further defining these terns in their application. Because of the magnitude and complexity
of these various legal definitions and interpretations, it is not possible to provide exhaustive
definitions herein. The Contractor should be guided by the following general rules:
A. Where two separate legal definitions or interpretations may apply in a given situation, the
one according the greatest degree of protection to the person entitled to their protection
shall govern.
B. "Disability" and "handicap" are intended to be synonymous.
C. The Contractor is not entitled to advisory opinions or advice from City representatives as
regards the specific application of this policy. It is up to the Contractor, and their own legal
counsel to ascertain compliance with this policy, federal, state and local law. The City
expressly disclaims any responsibility for the Contractor's reliance on advice or opinions
given by City representatives.
D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining
agreements, and other contracts may not in every case justify an otherwise discriminatory
act, policy, or practice. The Contractor must, at his own risk and expense, comply with
this Policy regardless of contractual restrictions which do not justify Contractor's acts,
policies, or practices.
7. ADVERTISING AND PROMOTIONAL MATERIAL
A. In all advertising, postings, and promotional material relating to hiring, the Contractor shall include
the following statement:
"_ (name of contractor) is an equal opportunity employer and does not
discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other ternis of
employment because of a person's race, religion, color, national origin, sex, age, marital status,
handicap, or political affiliation."
EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal
Opportunity Employer".
B. In all advertising, postings, and promotional material relating to programs and services funded in
whole or in part under a contract with the City of Ashland, the Contractor shall include the
following statement:
66
"This (program or service as applicable) is open to all persons without regard to
race, religion, color, national origin, sex, age, marital status, handicap or political affiliation.
For further information about this equal opportunity policy, contact _(name of contractor's
representative) at (phone number) .
8. RETALIATION
The Contractor shall not, in any manner, accord different or unequal treatment to or in any way
discriminate against any person because of such person's filing of or participation in any grievance
or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged
with the City of Ashland, or any state or federal court or agency.
9. GRIEVANCE PROCEDURE
During the term of this Contract, and for at least six months thereafter, the Contractor shall
conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints
Heard" in locations accessible to the public at its principal office and all other premises within the
City of Ashland where it conducts any operations. Likewise, the Contractor shall fully cooperate
with the designated representative of the City of Ashland and state and federal civil rights
compliance agencies in investigating, mediating, and otherwise handling complaints or grievances
concerning this Policy.
10. VIOLATIONS
Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded
an aggrieved person, be cause for termination of the Contract, debarment from participation in
future City of Ashland contracts, or both.
11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES
If this Contract is funded in whole or in part by federal or state grants, there may be imposed on
the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and
specific standards and reporting requirements to be met. "Affirmative action", in general, means
taking positive and affirmative steps to involve historically disadvantaged classes of persons in the
performance of the work or participation in the benefits of this Contract. These steps may include
special recruitment efforts, specific goals as to percentages of such persons employed in certain
jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards
for the amount of work to be subcontracted to minority -owned businesses, etc.
If there are such additional requirements beyond this policy, the Invitation for Bids will state:
"This project is funded in whole or in part through (name of agency) . Special equal
opportunity requirements imposed by that agency are contained in the bid documents, and bidders
are cautioned to examine them carefully in preparing their bids."
67
EXHIBIT L: RESPONSIBLE BIDDER DETERMINATION FORM
This form is to be completed and submitted by the City to the CCB (ORS 279C.375). It is included
in the solicitation documents for Bidders' information only
Project Name:
Project Number:
Bid Number:
Business Entity (Bidder):
CCB License Number:
Fonn Submitted By (Contracting Agency):
Fonn Submitted By (Contracting Agency Representative):
Title: Date:
The contracting agency has (check all of the following):
❑ Checked the list created by the Construction Contractors Board under ORS 701.227 for Bidders who
are not qualified to hold a public improvement contract.
❑ Determined whether the Bidder has met the standards of responsibility. In so doing, the contracting
agency has found that the Bidder demonstrated that the Bidder:
❑ Has available the appropriate financial, material, equipment, facility and personnel resources
and expertise, or the ability to obtain the resources and expertise, necessary to meet all
contractual responsibilities.
❑ Holds current licenses that businesses or service professionals operating in this state must hold
in order to undertake or perforn the work specified in the contract.
❑ Is covered by liability insurance and other insurance in amounts required in the solicitation
documents.
❑ Qualifies as a carrier -insured employer or a self -insured employer under ORS 656.407 or has
elected coverage under ORS 656.128.
❑ Has disclosed the Bidder's first -tier subcontractors in accordance with ORS 279C.370.
❑ Has a satisfactory record of performance.
❑ Has a satisfactory record of integrity.
❑ Is legally qualified to contract with the contracting agency.
❑ Has supplied all necessary information in connection with the inquiry concerning responsibility.
❑ Detennined the Bidder to be (check one of the following):
❑ Responsible under ORS 279C.375 (3)(a) and (b).
❑ Not responsible under ORS 279C.375 (3)(a) and (b).
68
PART II - SPECIAL PROVISIONS
Alice Peil Stairway Replacement
2019-09
Public Improvement Contract
WORK TO BE DONE
The general character of the work for this Project includes supplying all labor, equipment, and materials
necessary to perform the following major work items near 51 Winburn Way in Ashland, Oregon:
• Acquisition of permits and issuance of all required notifications. Note that the City of Ashland
will provide the general building permit and go through the planning approval process, however it
will remain Contractor's responsibility to obtain permits for work such as electrical or plumbing.
• Removal of existing Alice Piel steel stairs and associated materials
• Shop fabrication of new stairway
• Installation of new stairway
BACKGROUND
The City of Ashland owns the Alice Peil Stairway, located near 51 Winburn Way in Ashland, Oregon. The
Alice Applegate Peil Walkway which includes the stairway is listed as a historic contributing structure on
the National Register of Historic Places and has been serving the citizens of Ashland and visitors since
approximately 1935 (the existing steel stairway was installed in the 1950's).
SUMMARY OF WORK
All work shall be included within the following work scopes, which align with the bid schedule, whether
such work is explicitly stated or not. No additional payments will be made for undescribed work which a
competent Contractor knows or should know, is necessary to accomplish the scope of the project.
Site Mobilization and De -Mobilization
Mobilization of personnel, materials and equipment to site and establishment of work and work support
areas and equipment. Note that this work scope and associated payment covers all work within this category
regardless of the number of times it occurs (i.e. multiple mobilizations and demobilizations). This work
scope also includes obtaining any required permits.
Payment: This work scope shall be paid as a hump sun.
Site Demolition
Complete scope of work as described in the technical documents. Contractor should be aware that the
existing stairs are believed to have been installed in the 1950's with material typical of that period. As an
example, lead containing paint is known to be present.
Payment: This work scope shall be paid as a hmrp sum.
69
Temporary Access Protection and Pedestrian Traffic Control
Provide long term notification of work area and guidance for re-routing of pedestrians around work area.
Provide barriers to entry as necessary to prevent unauthorized personnel from entering work areas. Install
barriers as necessary to prevent accidental falls or access to unsafe areas during non -working hours.
Payment: This work scope shall be paid as a hasp sunr.
Steel Fabrication
Fabricate steel stairway and supports. As much fabrication work as possible should be accomplished off
site to minimize the time the stairway is not available for public use and to minimize the time and work
area needed for stairway installation. Note within section 00180 below the specific contract times and
duration expected as well as penalties.
Payment: This it,ork scope shall be paid as a hump sum.
Coating
Coat all metal surfaces as described in the specifications and technical documents, (see Sheet C6.1,
"Product Structural Notes"). As much coating as possible should be accomplished in a shop environment.
This work scope also includes all touch up work necessary during or after installation.
Payment: This work scope shall be paid as a harp sum.
Site Work
Accomplish all work necessary to prepare for steel installation. Work scope shall include, but is not limited
to, excavation, cement pouring, anchor installation and grading. Please see technical documents for further
information.
Payment: This work scope shall be paid as a hunp sunr.
Steel Erection
Install steel stairway and support structure as described in the technical documents.
Payment: This work scope shall be paid as a lump seen.
Removal and Restoration of Ancillary Services
There are multiple cables and other items which are attached to the stairs or are otherwise impacted by the
stair installation which will require removal and re -installation. This work scope also includes items such
as lamp posts.
Payment: This work scope shall be paid as a hanp sum.
Survey Work
Perform survey work as required to accomplish the work scope and document final product.
70
Payment: 77ds wm* scope shall be paid as a hemp sum.
APPLICABLE SPECIFICATIONS
The Specifications that are applicable to the Work on this Project are:
• The 2021 edition of the "Oregon Standard Specifications for Construction", as modified by these
Special Provisions. All Sections apply whether or not modified or referenced in the Special
Provisions.
• Any other specification referenced within these special provisions.
All number references in these Special Provisions shall be understood to refer to the Sections and
subsections of the Standard Specifications bearing like numbers and to Sections and subsections contained
in these Special Provisions in their entirety.
CLASS OF PROJECT
This is a Public Improvement Contract.
T
Oregon Standard Specifications for Construction (2021)
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
00120.05 Request for Plans, Special Provisions, and Bid Booklets - Add the following to the end of this
subsection:
The Plans and Technical Documents, which are applicable to the Work to be performed under the Contract,
are included in these Special Provisions.
SECTION 00150 — CONTROL OF WORK
Comply with Section of 00150 of the Standards Specifications modified as follows and as shown elsewhere
in the Special Provisions.
00150.15(b) Agency Responsibilities - Replace this subsection, except for the subsection number and title,
with the following:
The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for
Contractors, Chapter 1.5 (see section 00305). Note that existing datum provide sufficient information for
Contractor to establish horizontal and vertical control and no further work for Agency is envisioned to
establish such control.
00150.15(c) Contractor Responsibilities — Replace this subsection except for the subsection number and
title, with the following:
The Contractor shall perforn the Contractor responsibilities described in the Construction Surveying
Manual for Contractors, Chapter 1.6 (see section 00305).
Contractor shall also perform surveying as necessary to establish construction control and to document
installation of stairway.
SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the Standard Specifications modified as follows:
00170.00 General - Replace the paragraph that begins "The Contractor shall comply with all laws,
ordinances, ..." with the following paragraph:
The Contractor shall comply with all laws, ordinances, codes, regulations, executive orders and
administrative rules (collectively referred to as "Laws" in this Section) that relate to the Work or to those
engaged in the Work. Where the provisions of the Contract are inconsistent or in conflict, the Contractor
shall comply with the more stringent standard.
00170.65(b)(4) Owner/Operator Data - Replace this subsection, except for the subsection number and
title, with the following:
The Contractor shall furnish data to the Engineer for each owner/operator providing trucking services.
Furnish the data before the time the services are performed and include without limitation for each
owner/operator:
• Driver's name;
72
• Present driver license upon request;
• Vehicle identification number;
• Present vehicle registration upon request;
• Motor vehicle license plate number;
• Motor Carrier account number;
• Present ODOT Motor Carrier IA Permit upon request; and
• Name of owner/operator from the side of the truck.
00170.70(a) Insurance Coverages -
Add the following to the end of this subsection:
The following insurance coverages and dollar amounts are required pursuant to this subsection:
Insurance
Coverages
Commercial General Liability
Commercial Automobile Liability
Combined Single Limit
per Occurrence
$2,000,000
$2,000,000
Annual Aggregate
Limit
$2,000,000
$2,000,000
00170.70(d) Additional Insured - Replace the paragraph that begins "The liability insurance coverages of
00170.70(a) shall ..." with the following paragraph:
Add the following paragraph and bullet(s) to the end of this subsection:
Add the following as Additional Insureds under the Contract:
• The City of Ashland and its officers, agents, and employees
• Ashland City Council
00170.70(h) Agency Acceptance - Replace the paragraph that begins "All insurance and insurance
providers are ..." with the following paragraph:
All insurance and insurance providers are subject to Agency acceptance. In addition, all of the following
are subject to Agency acceptance and, if requested by Agency, the Contractor shall provide complete copies
of the following to Agency's representatives responsible for verification of the insurance coverages required
by the Contract: insurance policies, endorsements, self-insurance documents and related insurance
documents.
SECTION 00180 - PROSECUTION AND PROGRESS
Comply with Section 00180 of the Standard Specifications modified as follows:
00180.50(h) Contract Time - There are two Contract Times on this Project as follows:
....... _....
73
(1) The Contractor shall complete all Work in 105 Calendar Days (or, as stated in 00180.50(c), 120
days after the issuance of the Notice to Proceed).
(2) The Contractor shall fabricate stairway offsite and stage work to minimize the time the stairway
is not available to the public. The Contract Time associated with the time the stairway is not
available to the public is 35 CaIendar Days.
00180.85(b)(2) Contract Time - Replace this subsection, except for the subsection number and title, with
the following:
a. For Contract Time 00180.50(h)(1)
i. The Liquidated Damages per Calendar Day* are 20.0 percent of C divided by T as defined
in this Section.
ii. Where
i. C = The Contractor's Bid amount for the Contract.
ii. T = The total Calendar Days between the latest completion date or time listed
under 00180.50(h) and the Bid Opening that will result in the greatest value for T.
In this case T is equal to 105.
b. For Contract Time 00180.50(h)(2)
i. The Liquidated Damages shall be $250 per Calendar Day
SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS
Comply with Section 00199 of the Standard Specifications modified as follows;
00199.40(c) Step 2: Agency Level Review - Replace the paragraph that begins "If the Contractor does not
accept the Step 2 ..." with the following paragraph:
If the Contractor does not accept the Step 2 decision, the Contractor may, within 10 Calendar Days of
receipt of the written decision, request in writing through the Engineer that the claim be advanced to Step
3 or 4 (see (d) and (e) below), as applicable. For purposes of determining which process to use for claims
under Step 3 or 4 concerning a combination of additional compensation and Contract Time or for Contract
Time only, the value of the claim or portion of the claim for Contract Time will be assumed to be the
appropriate Liquidated Damages as provided in 00180.85 multiplied by the number of Calendar Days in
question. If applicable, advancement of the claim is subject to the provisions of 00199.60 regarding waiver
and dismissal of the claim or portions of the claim.
74
PART III -PLANS AND TECHNICAL DOCUMENTS
75
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