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2025-026 Contract - One Way Trigger, LLC
VS -. ..... 6%�f r �F,/ PUBLIC IMPROVEMENT CONTRACT FOR 2025 SLURRY SEAL PROJECT PROJECT NO. 2025-01 This Public Improvement Contract (hereinafter"Contract") is entered into by and between the CITY OF ASHLANq an Oregon municipal corporation (hereinafter"City"), and One Way Trigger, LLC (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: Chuck Schweizer,Street Supervisor, City of Ashland Public Works/Street Department 2. WORK: 1. The Work under this Contract is for the 2025 SLURRY SEAL PROJECT, Project No. 2025-01 as more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows: The placement of Type I and Type III Emulsified Asphalt Slurry Seal and the installation of permanent pavement markings. The Statement of Work,including the delivery schedule for the Work,is contained in the Contract Documents. 2.1. 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 2025 SLURRY SEAL PROJECT, Project No. 2025-01. Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees, and royalties necessary 13 I P ui l/ for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 3. EFFECTIVE DATE AND DURATION: This Contract is effective as of the date of execution by the City (the"Effective Date"). All Work under this Contract shall,unless otherwise terminated or extended,be completed on or before 60 calendar days following Contractor's receipt of the written Notice to Proceed. 4. CONSIDERATION 4.1. City agrees to pay Contractor, t he times and in the manner provided in the Contract Documents,the sum of 6 3,171.21 for performing the Work required by this Contract,including allowable expenses. This sum cannot be modified except by Change Order approved in writing by the City. Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions. 4.2. City certifies that sufficient funds have been appropriated to make payments required by this Contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent upon City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable discretion,to continue to make payments under this Contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Contract without penalty or liability to City, effective upon the delivery of written notice to Contractor,with no further liability to Contractor. 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations: 5.1. Contractor has examined and carefully studied the contract documents, and any data and reference items identified in the contract documents. 5.2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. 5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work. 5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified or provided in the project bid documents especially with respect to 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 14 I P ai la reports and drawings identified in the contract documents,with respect to the effect of such information, observations, and documents on (1)the cost,progress, and performance of the Work; (2)the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor; and(3) Contractor's safety precautions and programs. 5.6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations,investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract. 5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the contract documents. 5.8. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the contract documents, and the written resolution thereof by City is acceptable to Contractor. 5.9. The contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. GOVERNING LAW The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum,then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor,by the signature herein of its authorized representative,hereby consents to the in persopnam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. 15IPa 5a, page left intentionally blank 16IPuY 5 &,` CONTRACTOR DATA, CERTIFICATION,AND SIGNATURE Business Name (please print): One Way Trigger, LLC Contact Name: Jason Lampley Phone: (916) 680-6886 Fax. N/A Address 5960 S. Land Park Drive # 249 Sacramento CA 95822 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# Construction Contractors Board #245146 Citizenship: Nonresident alien Yes V No Business Designation (check one): Individual Sole Proprietorship Partnership V Corporation Government/Nonprofit *Limited Liability Corporation - Partnership The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS)under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2024 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2024 Standard Specifications are an integral part of this contract and agree to perform the work described above, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. 17I11a e CONTRACTOR: Managing Member SigAfe/Tit�j Jason Larnpley Printed name April 2, 2025 Date NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee. CITY OF ASHLAND SIGNATURE CITY: City Manager, City of Ashland 4/16/2025 Date ATTACHMENTS: Certificate of Representation Standard Terms&Conditions Bid Schedule Insurance Requirements CERTIFICATE OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends,or (iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: ✓ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ✓ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. V (3) Telephone listing is used for the business separate from the personal residence listing. ✓ (4) Labor or services are performed only pursuant to written contracts. ✓ (5) Labor or services are performed for two or more different persons within a period of one year. ✓ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. April 2, 2025 Cont c or Date EXHIBIT A - STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this Contract as an independent contractor. b. The Contractor represents and warrants that Contractor(1)is not currently an employee of the federal government or the State of Oregon, and(ii)meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security,unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract,nor delegate duties under the contract, either in whole or in part,without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract.Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties,the Contractor and its Surety,if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of Subcontractors,material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor,material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option,in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract,the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers' Compensation. 3. No Third-Party Beneficiaries City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right,whether directly,indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract. 4. Successors in Interest 20I P The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns,if any. 5. Contract Documents The Contract Documents,which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated,including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond,Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto,Performance Bond,Payment Bond, Special Provisions, Plans, Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference,together with the Prevailing Wage (SOLI) if applicable AND any other separately bound reference, Oregon 2024 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 pro]ect 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, 11. 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 proj ect j ob site. c. By executing and returning this contract the Contractor certifies,represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection (d)below. Further,the City's performance obligation(which includes,without limitation,the City's obligation to make payment)is contingent on Contractors compliance with this representation and warranty. 21IPuY 5 &,` d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond,Payment Bond, and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty(30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten(10)days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including,but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions,in the opinion of the City,which are unsuitable for performing the pro]ect work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended,nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b)or(c). If the project work is suspended pursuant to subsection(f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances,rules or regulations,or as a result of any violation by the Contractor of the terms of this contract,including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. 22 I P c. The City may terminate this contract,in whole or in part, at any time for any reason considered by the City,in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven(7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination,however,the parry seeking the termination shall give to the other parry 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 parry giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a),(b), or(c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection(a) of this section. c. If this contract is terminated under 10(d),by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection(a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10(d),by the City due to a breach by the Contractor, then the City may complete the work either itself,by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c),the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City,then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records Contractor shall maintain, and the City and its authorized representatives shall have access to all books, documents,papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work 23 I P All work products of the Contractor that result from this contract,including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned,used or retained by the City until the final document is submitted. The City shall own all proprietary rights,including but not limited to copyrights,trade secrets,patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered"works made for hire"under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances,including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this Contract,including without limitation ORS Chapter 279A, ORS Chapter 279B, ORS Chapter 279C, ORS 279C.500 through 279C.670, and specifically ORS 279A.120(3), ORS 279C.515, ORS 279C.520, ORS 279C.530, ORS 279C.830 and ORS 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition,the provisions of ORS 279C.360, ORS 279C.365(4), and ORS 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p),279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, ORS 279C.540,279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law),if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (1) any requirements of the DAVIS BACON ACT(40 U.S.C. 3142 and applicable Davis- Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and(vii) all other applicable requirements of federal and state civil rights and rehabilitation statues,rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor,hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work)will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 24IPa 5a° 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://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx. When both federal and state prevailing wages are required to be included in the contract specifications,the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840.Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required,in the form of a BOLI document,is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street 932 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation,and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file,with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon 932,Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 25IPa 5a, 18. Hours of Labor/Overtime limitation [ORS 279C.5201 [ORS 279C.5401 [ORS 279C.5451 Pursuant to ORS 279C.520,no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: a. 1. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c. Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. d. When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract,providing the contractor has: 1. Caused a circular clearly printed in boldfaced 12-point type font and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. 2. Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. e. At or before the commencement of work,the Contractor shall give notice in writing to employees or by posting,of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.5301 a. Pursuant to ORS 279C.530(1), Contractor shall promptly, as due,make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention,incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. b. Pursuant to ORS 279C.530(2), All employers,including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [ORS 279C.555] "Retainage"means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract 26IPuila 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] 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval,before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only and shall be based upon the whole amount of money that will become due according to terms of the 27I P Contract when Project has been completed. The City may include in payments eighty five percent(85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment,whether incorporated in the project or not,will pass to the City upon receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above,when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000),no progress payment will be made for that estimate period,unless approved by the City. c. If the Contract price is determined,in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work;progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not,in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including,without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty(30)days from sign off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed,whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%)retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%) of the work, the City may, at its discretion,reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost,whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or,because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)defective work not remedied, (2) third party claims filed or failure of the 28 I P Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4)damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8)failure to submit a construction schedule or failure to keep said construction schedule updated, or(9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City,payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension,no further estimate may be accepted, or progress or other payments allowed until the Project is completed,unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall,within fifteen(15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages,if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall,within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met,including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed"Release of Liens and Claims"(Exhibit H). When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5)working days of receipt. Unless otherwise provided as a Special Provision,when City accepts the Certificate of Final Completion,the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract 29I P amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5)working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1)year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1)year period,the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion,if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval.Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/retainage requirements of ORS 279C.570(8). Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims,if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. As a prerequisite to final payment,if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3)has been satisfied. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work.No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 30I P 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 a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor,including a material supplier,for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and 11. 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)(1) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5)until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. 31IP Y 5 &" 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 parry. The City shall not be included as a parry in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1),if Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2),if the Contractor or a first-tier subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90- day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3),if the Contractor or a subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 32 I P 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section(1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly,instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City 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 Contractor,to the City, and to their officers, agents, and employees on account of(a) the character or performance of the work, (b)unforeseen difficulties, (c) accidents,or(d) any other cause whatsoever. The Contractor shall assume this responsibility even if(a)fault is the basis of the claim, and(b) any act,omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall,if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost,damage, or expense,including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage,type, amount(or limits),policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance,Payment and Warranty Bonds/Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1)Performance Bond and(2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance,in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau 34 I P ai la of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above,if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy,in a manner satisfactory to the City and at no cost to the City, any and all defects,breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under,within, or adjacent to the work,whether or not caused by settling,washing, or slipping,when such damage or disturbance is caused,in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair,be extended one year from the date of completion of such repair. If Contractor, after written notice,fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where,in the opinion of the City, delay would cause serious loss or damage,repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race, color, creed,marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion, color, sex,national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer,because of the race,religion, color, sex, national origin,marital status or age if the individual is 18 years or older or because of the race, religion, color, sex,national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation,termination, or suspension in whole or in part (q). 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris,if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost effective. [ORS 279C.510(1) & (2)] 35IPa 5a, 33. Environmental Regulations Pursuant to ORS 279C.525(I),the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services, Department of Agriculture, Department of Consumer&Business Services, Department of Oregon Occupational Safety& Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer 36 P State Land Board(Lands,Division of State) Water Resources Department Local Agencies: City of Ashland City Council(Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a) Terminate the contract; (b) Complete the work itself, (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances,rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances,rules or regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution.Within a reasonable period of time following delivery of an estimate of this section,the City may: (a) Terminate the contract; (b) Complete the work itself, (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or 37IPuY 5 &,` (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination,including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection(c) or(e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs,including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes, ordinances,rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore,from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped,notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work,nor any extension of time,nor any possession taken by City,nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38IPuY 5 &,` 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 Chuck Schweizer, Street Supervisor Public Works/Street Department 20 E. Main Street Ashland, OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail,postage prepaid. In all other instances,notices,bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 40. Conflict of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect,which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 41. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 39I P ATTACHMENTS: EXHIBITS B-K EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS (BID,PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS EXHIBIT K NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS 40 P EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS 279C.360 through and including ORS 279C.800 and is available through the city Engineering Office at 51 Winburn Way,Ashland, Oregon or online at www.leg.state.or.us/ors 41IP 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(see page 73 for Annual Aggregate Limits)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(see page 73 for Annual Aggregate Limits)for each accident for Bodily Injury and Property Damage, including coverage for owned,hired and non-owned vehicles. "Symbol One"coverage shall be designated. ® Required by City ❑ Not required by City ❑ Builders Risk(Check here if required)insurance during construction to the extent of 100 percent of the 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. 42IPa 5a° 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. One Way Trigger, LLC April 2, 2025 Entity Sig atu 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 flee 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. 4311, (Check four or more of the following:) ✓ A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence,which is set aside as the location of the business. B. Commercial advertising or business cards are purchased for the business,or Contractor has a trade association membership. ✓ C. Telephone listing is used for the business that is separate from the personal residence listing. V D. Labor or services are performed only pursuant to written contracts. vl E. Labor or services are performed for two or more different persons within a period of one year. ✓ F. Contractor assumes financial responsibility for defective worlananship 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. April 2, 2025 Contractor ignature Datw Project Manager Signature Date 44 1 s. EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "PRINCIPAL,"and, We, a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "SURETY," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of Dollars. The condition of the obligation of this bond,is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid,submitted its Offer for the 2025 SLURRYSEAL PROJECT No.2025- 01 , which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten(10) days of such failure. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of 20 Surety Principal Address Address By: By: Attorney -in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] IMPORTANT— Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in the State of Oregon. 45IPa 5a° PERFORMANCE BOND The undersigned , as principal, further referred to in this bond as Contractor, and as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as Ci . ,in the sum of Dollars ($ Z Contractor and City have entered into a written contract dated for the following project: 2025 SLURRYSEAL PROJECT No. 2025-01. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void, otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: Bond Agent: Address: Telephone: SIGNED this day of 20 46IPa 5a° PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary 47 P PAYMENT BOND The undersigned , as principal, further referred to in this bond as Contractor, and as surety, further referred to in this bond as Sure , are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City,in the sum of Dollars Contractor and City have entered into a written contract dated for the following proiect: 2025 SLURRYSEAL PROJECT No. 2025-01. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants,as defined in ORS 279C.600 through 279C.620,then this obligation is null and void, otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: Bond Agent: Address: Telephone: SIGNED this day of 20 48IPa 5a° PAYMENT BOND Page 2 WITNESS: CONTRACTOR: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary WITNESS: SURETY: By: (Corporate Seal) Title: Legal Address: Attest: Corporate Secretary 49 P EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION City Project Name: City Project Number: Contractor Name: Contract Amount: Initial Contract Date: This Certificate of Substantial Completion applies to: El 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: 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 50IPa 5a° Maintenance ❑ City ❑ Contractor Heat ❑ 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: ........................................................................... ........................ By: CITY accepts this Certificate of Substantial Completion on: ........................................................................... ........................ By: CITY of ASHLAND 51 P 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 assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund,the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or others (ORS 279C.530)have been paid. 5. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: Title: 52IPa 5a, 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/affirmation 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 53IPa 5a, EXHIBIT I CERTIFICATE OF FINAL COMPLETION Pro]ect Number: Project: Contractor: Contract Signed: Contract Expires: Contract Completed: Delinquent: I hereby certify that I have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications. 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 ofAshland 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. 54IPa 5a° EXHIBIT J INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for,necessary for,or reasonable incidental to, the completion of all the work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 2. EEO AFFIRMATIVE ACTION Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. 3. BID PROVISIONS a. Each bid must contain a completed Bid including the following: i. A Bid and Schedule of Prices. ii. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. in. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with. iv. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. V. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. vi. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. vii. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. viii. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. ix. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). X. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. xi. Certification:Non-discrimination(in bid) xii. Certification:No Conflict of Interest(in bid) 55 Pa 5a° xiii. Certification:Not ineligible for Public Works Contracts [OAR 137-049-0230] (in bid) b. The City will publish notice of any addenda on OregonBuys website https://ore onbu�s.gov/bso/view/lo i�n/lo gin.xhtml . The addenda maybe downloaded or picked up at the City Engineering Office located at 51 Winburn Way, Ashland Oregon, 97520. Check the website frequently until closing. c. No bid will be received or considered by the City of Ashland unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx d. Each Bidder must identify in the Bid whether the Bidder is a"resident bidder" as defined in ORS 279A.120. e. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement. f. No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. h. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370; OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (1) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2)working hours after bid closing: (1) The subcontractor's name, (2) The dollar value of the subcontract, and (3) The category of work that the subcontractor would be performing. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE(see OAR 137-049-0360). i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form)in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days,unless specified otherwise. The bid security shall be forfeited,at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required 56 I P ai la 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 Performance 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 performance bond and payment bond are not executed and delivered to the City within ten(10)working days of the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid is made in good faith without fraud,collusion,or connection of any kind with any other Bidder for the same call for bids, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. k. The Bidder,in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract, that every subcontractor will not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PRE-BID CONFERENCE AND PREQUALIFICATION OF BIDDERS If a pre-bid conference is scheduled, notice will be provided in accordance with OAR 137-049- 0200(1)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(1)(a)(C).] [ORS 279C.365(1)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified with the Oregon Department of Transportation or General Service per ORS 279C.435 to perform the type and size of work contemplated herein and shall submit, to 57 I P ai la the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137-049-0220]. Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450 and notice of prequalification status will be given within thirty(30)days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution) 5. FORM OF BID A. Bids shall be submitted in sealed envelopes to: Street Address: Mailing Address: City of Ashland City of Ashland c/o Chuck Schweizer c/o Chuck Schweizer Street Supervisor Street Supervisor 90 N Mountain Ave 20 E. Main Street Ashland, Oregon 97520 Ashland, Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service,the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form,they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which,if the Bid is accepted for award,binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids C. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected. D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation,or a combination thereof,and if incorporated,in what state,and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or 58 I P ai la combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department/Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel, marked as "Rejected as Late Bid"and will be returned,unopened,to the submitted. 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/Project Manager.The City will investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at least ten (10) days, unless otherwise specified,before the scheduled closing time for submission of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued to all known specification holders. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA A. Prior to submitting a bid,it is the responsibility of each Bidder to: (1) Examine the plans, specifications and contract documents thoroughly. (2) Become fully informed as to the quality and quantity of materials and the character of the work required. (3) Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. (4) Consider all federal, state and local laws, ordinances,rules and regulations that may affect cost,progress, or performance of the work, including environmental and natural resource ordinance and regulations (5) Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. 59IPa 5a, (6) Study and correlate the Bidder's observations, especially as regards site conditions with the Contract Documents. (7) Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents. B. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences,by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary. C. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. D. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. E. The City will not pay any costs incurred by any Bidder in the submission of a Bid,or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the Invitation to Bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these Bid Documents. F. Notice: It is further understood that a Bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary,and comply with local building code restrictions and conditions for structures contemplated in the project,any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in termination of the Contract. 9. FAMILIARITY WITH LAWS AND ORDINANCES A. The Bidder is presumed to be familiar with all Federal, State, and Local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. B. No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance. The Contractor and their subcontractors shall obtain a City of Ashland Business License prior to beginning any work within the City of Ashland. 60I P 10. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the Bid, and when,in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. C. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment,tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read"In Place." 11. WITHDRAWAL,MODIFICATION OR ALTERATION OF BID A. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new Bid. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after it has been opened. The Bid will be irrevocable until such time as the City: • Specifically rejects the Bid, and • Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the bid opening. B. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable,the interpretation most advantageous to Owner will prevail. C. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not awarded a contract. 12. MISTAKES IN BIDS A. To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. 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) City may waive,or permit a Bidder to correct,a minor informality.A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to: (1) Return the correct number of Signed Bids or the correct number of other documents required by the Solicitation Document; (11) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and 61IPuY 5 &,` (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 terms; and the Addendum involved did not affect price,quantity or delivery. (b) City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in writing. A clerical error is a Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations(for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing,or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy,unit prices shall prevail over extended prices. (c) City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the Bidder shows with objective proof and by clear and convincing evidence: (1) 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 permission 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). 13. REJECTION OF BIDS a. The City may reject any Bid upon a finding that the Bid meets the criteria specified in OAR 137- 049-0440(1)(a) or(b) or has not provided the certification required under OAR 137-049-0440(3). 62IPuila The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049- 0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed contract is not abandoned, new bids may be called for as in the first instance. The City may, at its own discretion,waive minor informalities. b. This Invitation to Bid does not commit the City to pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the City of Ashland.Bids may be rejected if they show any alteration of form, additions not called for, conditional Bids,incomplete Bids, erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf,or a member of a partnership,a"Power of Attorney" must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise,the Bid will be rejected as irregular. More than one Bid from an individual,firm,partnership, corporation, or combination thereof with an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in which such individual, firm,partnership, corporation, or combination thereof,is interested. If there is reason to believe that collusion exists among bidders,none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. 14. BID PROTEST. [OAR 137-049-0260]. Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten (10) calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests shall be marked "Contract Provision Protects or Request"with the Bid Number and Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated(itemized bid) or bid(lump sum)by Contractor at $1,000,000 or more, Contractor shall be responsible for all costs(which costs shall be included in the bid whether or not a specific bid item is provided therefore)that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. 16. PREVAILING WAGE RATE The Contractor shall be required to follow standard billing format as set forth from State or Federal Funding sources. The Siskiyou Boulevard Waterline Replacement shall follow the current State of Oregon BOLI Wage Rates. The rates utilized will be noted at the date of the bid shown at the following location: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx. 63 I P EXHIBIT K CITY OF ASHLAND NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status,handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex,age,or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms,or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment,but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex,if such rule, standard,practice,or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard,practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. 64IPa 5a° 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. DISCRIMINATION BECAUSE OF AGE With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: A. Certain positions include duties which must,by law or ordinance,be performed by persons over a certain age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; B. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to age where: A. The purpose of the service,facility,or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological,mobility, social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws,ordinances,and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition,judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability" and"handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor,and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City 65 I P ai la 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: if (name of contractor) is an equal opportunity employer and does not discriminate in hiring,promotion, layoff, discipline, transfer, compensation, or other terms of employment because of a person's race,religion, color,national origin,sex,age,marital status, handicap, or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement"An Equal Opportunity Employer". B. In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland, the Contractor shall include the following statement: "This (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 66IPuila 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." 67I P PART II - SPECIAL PROVISIONS 2025 SLURRY SEAL PROJECT 2025-01 Road Construction WORK TO BE DONE The Work to be done under this Contract consists of the following: 2. Place and remove Temporary Traffic Control and Erosion Control Measures. 3. Place Emulsified Asphalt Slurry Seal(Type I) 4. Place Emulsified Asphalt Slurry Seal(Type III) 5. Install permanent pavement markings APPLICABLE SPECIFICATIONS The Specifications that are applicable to the Work on this Project is the 2024 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions. All Sections in Part 00100 apply,whether or not modified or referenced in the 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 Locally Funded Project. 68 I P CITY OF ASHL ND SPECIAL PROVISIONS FOR 2025 SluKa Seal Project Various Locations Jackson Couni PROFESSIONAL OF RE,CORD CERTIFICATION. Seal w/signature d certify the Special Provision Sections listed below are applicable to the design for the subject project for temporary fcatures,roadwork,wearing �r surfaces, permanent traffic control. Modified Special Provisions were c preparcd by me or under my supervision. ' �'� Sections 00220, 00221, 00222, 00290, 00706,00565 08, AND EXPIRES: a FINAL ELECTRONIC DOCUMENT AVAILABLE UPON REQUEST I i r 69 11agc CITY OF ASHLAND Department of Public Works SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS The requirements for contract work are contained in the "2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION",together with any current City of Ashland Addenda, hereinafter referred to as the "Standard Specifications". Standard Specifications may be downloaded from the ODOT Web Site: http://www.oregon.gov/ODOTBusiness/Pages/Standard_Specifications.aspx All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SECTION 00110-ORGANIZATION, CONVENTIONS,ABBREVIATIONS AND DEFINITIONS Comply with Section 00110 of the Standard Specifications modified as follows: 00110.05(e)Reference to Websites -Add the following bullet list to the end of this subsection: • American Traffic Safety Services Association(ATSSA) www.atssa.com • BidExpress www.bldx.com • EquipmentWatch www.equipmentwatch.com • ODOT Construction Section www.oregon.gov/odot/construction/pages/index.asp x • ODOT Construction Section - Qualified Products List(QPL) www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx • ODOT Construction Surveying Manual for Contractors www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual- Contractors.pdf • ODOT Electronic Bidding Information Distribution System (eBids) (Also referred to as ODOT eBids website) https://ecmnet.odot.state.or.us/ebidse • ODOT Estimating www.oregon.gov/ODOTBusiness/Pages/Steel.aspx • ODOT Oregon Trucking Online - "Highway Restriction Notice - Size and/or Weight" (Form No. 734-2357) www.oregontruckingonline.com/cf/MCAD/pubMetaEntEy/restriction/ • ODOT Procurement Office - Conflict of Interest Guidelines and Disclosure Forms www.oregon.gov/ODOTBusiness/Procurement/Pages/PSK.aspx • ODOT Procurement Office - Construction Contracts Unit Notice of Intent www.oregon.gov/ODOT/Business/Procurement/Pages/NOI.aspx • ODOT Procurement Office - Construction Contracts Unit prequalification forms www.oregon.gov/odot/business/procurement/pages/bid_award.aspx • ODOT Traffic Control Plans Unit www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx • ODOT Traffic Standards www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx • Oregon Legislative Counsel www.oregonlegislature.gov/lc • Oregon Secretary of State: State Archives sos.oregon.gov/archives/Pages/default.aVx SECTION 00120-BIDDING REQUIREMENTS AND PROCEDURES Comply with Section 00120 of the Standard Specifications modified as follows: 00120.01 General Bidding Requirements -Replace this subsection, except subsection number and title, with the following: Bidders must submit Bids by paper. The standard prequalification forms furnished by the City of Ashland Public Works Office shall be used by the Bidder to file authorized signatures with the Agency. Signatures shall be of personnel authorized to submit Bids,modify Bids, or withdraw Bids. As and when applicable, the Contractor shall maintain the certifications required by ORS 279A.107. 00120.05 Request for Plans,Special Provisions,and Bid Booklets - Add the following to the end of this subsection: The Plans, which are applicable to the Work to be performed under the Contract, are included in these Special Provisions. 00120.30 Changes to Plans, Specifications or Quantities before Opening of Bids — Replace the first paragraph with the following: 71IPuY 5 &,` The Agency reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities. The Agency will provide Addenda by publishing them on the OregonBuys website at https://oregonbuys.gov/bso/ Bidders shall be solely responsible to check OregonBuys for Addenda periodically,including daily, as necessary, to receive all Addenda applicable to the Bid. 00120.40(f) Disclosure of First-Tier Subcontractors — Replace the paragraph beginning "If no subcontracts subject to the above..."with the following paragraph: If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. Failure to submit a form or submission of a form that does not include the information required by ORS 279C.370 for each Subcontractor listed, specifically the name of each Subcontractor,the dollar amount of each subcontract and the category of Work that each Subcontractor will perform,will result in the rejection of the Bid. The Agency is not required to determine the accuracy or the completeness of the Subcontractor disclosure. See ORS 279C.370 and OAR 731-005-0420. 00120.45(b)Electronic Bids—Delete the following subsection 00120.60(b)Electronic Bids—Delete the following subsection SECTION 00130-AWARD AND EXECUTION OF CONTRACT Comply with Section 00130 of the Standard Specifications modified as follows: 00130.40 Contract Submittals - Add the following paragraph to the end of this subsection: The Agency, in its sole discretion, may require execution of documents identified in subsections (a), (b) and(c) with a form of electronic signature (including but not limited to sealing and signing) acceptable to the Agency. 00130.40(c) Workers' Compensation—Replace this subsection, except for the subsection number and title,with the following: To certify compliance with the workers' compensation insurance coverage required by 00170.61(a) and 00170.70(e), the successful Bidder shall complete and sign the "Certification of Workers' Compensation Coverage" form bound in the Contract booklet. 00130.50 Execution of Contract and Bonds - Add the following paragraph to the end of this subsection: The Agency, in its sole discretion, may require execution of documents identified in subsection (a) with a form of electronic signature (including but not limited to sealing and signing) acceptable to the Agency. SECTION 00140- SCOPE OF WORK Comply with Section 00140 of the Standard Specifications. 72 I P SECTION 00150- CONTROL OF WORK Comply with Section 00150 of the Standard Specifications modified as follows: 00150.91 Post-Construction Review - Replace this subsection, except for the subsection number and title, with the following: The Contractor shall attend a Post-Construction Review meeting to be held by the Agency prior to issuance of Third Notification but not earlier than 45 Days following the date of Second Notification. The time and place of this meeting will be announced by the Engineer at least 15 Days prior to the meeting date. The purpose of this meeting is to examine the Proj ect for possible process improvements that may benefit future projects. The Contractor's attendance at the Post-Construction Review meeting is mandatory. SECTION 00170-LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: 00170.61(a) Workers' Compensation - Replace this subsection, except for the subsection number and title,with the following: The Contractor shall provide workers' compensation coverage for on-the-job injuries as required by 00170.70(e). 00170.65(b)(1) Minimum Wage Rates —Replace the paragraph that begins "The Bureau of Labor and Industries (BOLI) ..." with the following paragraph: The Bureau of Labor and Industries (BOLI) determines and publishes the existing State prevailing wage rates in the publication Prevailing Wage Rates for Public Works Contracts. The Contractor shall pay workers not less than the specified minimum hourly wage rate according to ORS 279C.838 and ORS 279C.840, and shall include this requirement in all subcontracts. 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 Combined Single Limit Annual Aggregate Coverages per Occurrence Limit Commercial General Liability $2,000,000 $4,000,000 Commercial Automobile Liability $2,000,000 (aggregate limit not required) 00170.70(d)Additional Insured- Replace the paragraph that begins "The liability insurance coverages of 00170.70(a)..." with the following paragraph: 73 I P The liability insurance coverages of 00170.70(a) shall include an Additional Insured Endorsement endorsing the "State of Oregon, the Oregon Transportation Commission and the Oregon Department of Transportation, and their respective officers,members, agents,and employees"as Additional Insureds,but only with respect to the Contractor's activities to be performed under the Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The liability coverages of 00170.70(a) that are permitted by the Agency to be obtained by an appropriate Subcontractor shall include all of the foregoing as Additional Insureds and shall also include the Contractor and its officers and employees as Additional Insureds. 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 00170.72 Indemnity/Hold Harmless - Add the following paragraph and bullet(s) to the end of this subsection: Extend indemnity, defense and hold harmless to the Agency and the following: • The City of Ashland and its officers, agents, and employees • Ashland City Council SECTION 00180-PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications modified as follows: 00180.21(a) General—Replace the bullet that begins " If the Subcontractor is providing any..." with the following bullet: • If the Subcontractor is providing any of the insurance coverages as permitted under 00170.70(a),the Agency will respond within 35 Calendar Days after the Engineer's receipt of the request. (28 Calendar Days for the Agency to review and approve the Certificates of Insurance required by 00170.70(g)plus 7 Calendar Days to review and approve the subcontract request.) Add the following subsection: 00180.40(c)Specific Limitations - Limitations of operations specified in these Special Provisions include, but are not limited to,the following: Limitations Subsection Contract Time ................................................................. 00180.50(h) Noise Control ....................................................................... 00290.32 The Contractor shall be aware of and subject to schedule limitations in the Standard Specifications that are not listed in this subsection. 00180.41 Project Work Schedules - 74IPa 5a° After the paragraph that begins "One of the following Type..." add the following paragraph: In addition to the "look ahead" Project Work schedule, a Type "A" schedule as detailed in the Standard Specifications is required on this Contract. Add the following subsection: 00180.50(h) Contract Time - There is one Contract Time on this Project as follows: The Contractor shall complete all Work to be done under the Contract not later than June 30, 2025. Add the following subsection: 00180.85(c) Lane Closures - Lane closures beyond the limits specified will inconvenience the traveling public and will be a cost to the Agency. It is impractical to determine the actual damages the Agency will sustain in the event Traffic Lanes are closed beyond the limits listed in 00220.40(e) (or 00220.40(f)). Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or for a portion of 15 minutes, per lane,for any lane closure beyond the limits listed in 00220.40(e). The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated damages will stop when all lanes have been safely reopened.Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b). SECTION 00190-MEASUREMENT OF PAY QUANTITIES Comply with Section 00190 of the Standard Specifications. SECTION 00195-PAYMENT Comply with Section 00195 of the Standard Specifications. SECTION 00196-PAYMENT FOR EXTRA WORK Comply with Section 00196 of the Standard Specifications. SECTION 00197-PAYMENT FOR FORCE ACCOUNT WORK Comply with Section 00197 of the Standard Specifications modified as follows: 00197.20(e) Standby Time - Replace this subsection, except for the subsection number and title, with the following: 75IPa 5a° If ordered by the Engineer, standby time will be paid at 50% of the hourly rental rate calculated according to this Subsection, excluding the hourly operating rate. Rates for standby time that are calculated at less than $1 per hour will not be paid.Payment will be limited to not more than 8 hours in a 24-hour period or 40 hours in a 1-week period. 00197.80 Percentage Allowances -Replace the table that shows Subsection and Percent with the following: Subsection Percent 00197.10 Materials 19 00197.20 Equipment 19 00197.30 Labor 29 00197.40 Special Services 19 Replace the paragraph that begins "When a Subcontractor performs ordered..." with the following paragraph: When a Subcontractor performs ordered Force Account Work, the Contractor will be allowed a supplemental markup of 10% on each Force Account Work order. SECTION 00199-DISAGREEMENTS,PROTESTS,AND CLAIMS Comply with Section 00199 of the Standard Specifications. 76I P TECHNICAL SPECIAL PROVISIONS 77I P SECTION 00210-MOBILIZATION Comply with Section 00210 of the Standard Specifications. SECTION 00220-ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.40(e)(1) Closed Lanes -Replace this subsection, except for the subsection number and title, with the following: Traffic Lanes may be closed on all street sections included as bid items when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2): Single Lane Closures—One Traffic Lane in each direction on the street sections included as bid items may be closed during the following times: • Daily, Monday through Friday,between 7:00 a.m. and 4:00p.m.with the following exceptions: o E Main Street ■ Prior to June 10, 2025, Saturday or Sunday,between 8:00 a.m. and 4:00 p.m. ■ After June 10, 2025, Daily, Monday, Wednesday through Friday, between 7:00 a.m. and 4:00p.m. o Tolman Creek Road ■ Prior to June 10, 2025, Saturday or Sunday,between 8:00 a.m. and 4:00 p.m. o N Mountain Avenue ■ Prior to June 10, 2025, Saturday or Sunday,between 8:00 a.m. and 4:00 p.m. SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL Comply with Section 00221 of the Standard Specifications modified as follows: 00221.06 Traffic Control Plan -Replace this subsection with the following subsection: 00221.06 Traffic Control Plan and Tourist-Oriented Directional and Business Logo Signs— (a) Traffic Control Plan - Submit one of the following, 5 Calendar Days before the preconstruction conference: (1) Agency Traffic Control Plan - If the Contractor intends to use the Agency TCP without modification, a written notification indicating that the Agency TCP will be used without modification. (2) Contractor-Modified Traffic Control Plan - The Contractor may request to use a Contractor- modified Agency TCP,or a TCP developed by the Contractor.Do not use a modified TCP,or a TCP developed by the Contractor, unless approved by the Engineer. Use the Agency TCP unless a modified TCP, or a TCP developed by the Contractor is accepted. 78 I P The Engineer is not obligated to consider any modified Agency TCP or a TCP developed by the Contractor. The Agency will not be liable to the Contractor for failure to accept or act upon any request for a modified Agency TCP or a TCP developed by the Contractor. To conserve time and funds, the Contractor may first submit a written request for a preliminary review by the Engineer. The request should contain a description of the proposal together with a rough estimate of anticipated dollar and time impacts. The Engineer will, within a reasonable time, respond to the Contractor in writing whether or not the request would be considered by the Agency. If requesting a Contractor-modified Agency TCP, or a TCP developed by the Contractor, at a minimum the request shall meet all requirements of the Contract documents and comply with the Project transportation management plan(TMP).Provide the following information: • Stamped Working Drawings according to 00150.35 that include the proposed TCP showing all TCM and quantities of TCD. • A TPAR plan that includes: • Details and features used to provide pedestrian accessibility. • Pedestrian staging Plans at a scale no smaller than 1 inch=50 feet. • Temporary alternate facilities or detour routes for pedestrian traffic. • Staging sequences and details for Work affecting vehicular,pedestrian, and bicycle traffic. • Proposed order and duration of the TCM. • A detailed temporary striping plan. If the Contractor's request to use a Contractor-modified Agency TCP,or a TCP developed by the Contractor is approved in whole or in part, acceptance will be made by a Change Order. The Engineer will establish prices that represent a fair measure of the value of Work to be added, changed, or deleted as a result of any accepted modifications to the Agency TCP or an accepted TCP developed by the Contractor. Once a TCP has been accepted by the Engineer, any additional modifications must be submitted by the Contractor for Agency review following the procedure described above. The Engineer is not obligated to consider additional modifications to a previously approved TCP. (b) Tourist-Oriented Directional and Business Logo Signs - Submit one of the following for approval, at least 5 Calendar Days before the preconstruction conference: (1) No Signs -If there are no tourist-oriented directional (TOD) or business logo signs on the Project, a written notification that no TOD or business logo signs exist within the Project limits or (2) Signs - Submit one copy of a sketch map of the Project showing all existing TOD and business logo signs and a written narrative describing how these signs will be kept in service and protected throughout all the construction stages.If modifications are necessary, submit updated information to the Engineer for approval at least 21 Calendar Days before the change is needed. 00221.90(b)Temporary Protection and Direction of Traffic—Replace the bullet that begins"Providing, Surfacing,maintain..."with the following bullet: 79I P • Providing, surfacing, maintaining,removing, and restoring the TPAR. SECTION 00222—TEMPORARY TRAFFIC CONTROL SIGNS Comply with Section 00222 of the Standard Specifications modified as follows: 00222.40(e) Temporary Sign Placement-Add the following to the end of the bullet list: • Install two sign flag boards, as shown on the Standard Drawings, above the following detour and road closed advance warning signs,where applicable: • "DETOUR AHEAD", "DETOUR XXXX FT", "DETOUR X/X MILE" (W20-2) signs. • "ROAD CLOSED AHEAD", 'ROAD CLOSED XXXX FT", "ROAD CLOSED X/X MILE" (W20-3) signs. SECTION 00290-ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.32 Noise Control -Add the following paragraph(s) to the end of this subsection: Review City of Ashland Municipal Code 9.08.170 Unnecessary Noise which describes noise control regulations. Obtain and be responsible for necessary permits described in City of Ashland Municipal Code 9.08.170 Unnecessary Noise. Comply with the applicable noise control requirements for Project Work. SECTION 00706-EMULSIFIED ASPHALT SLURRY SEAL SURFACING Comply with Section 00706 of the Standard Specifications modified as follows: 00706.23 Rollers -Add the following sentence to the end of this subsection: This subsection is required on this Project. 00706.43 Application Rate—Add the following to the end of this subsection: The total allowable area of installation per day shall be 20,000 square yards. Any amount over this total allowable area must be pre-approved by the Agency's Project Manager. 00706.48 Rolling- Add the following sentence to the end of this subsection: This subsection is required on this Project. SECTION 00865-LONGITUDINAL PAVEMENT MARKINGS-DURABLE Comply with Section 00865 of the Standard Specifications. 80I P CITY OF SH1...A. N' D yo BID AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS RE,QUIRE,D FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JAC CSON COUNTY, OREGON,AS STATED IN THE COMPLETED BID SCHEDULE,ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,PLANS, SPECIFICATIONS,AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER One Way Trigger, LLC CONTACT Jason Larrt la ADDRESS 596O S Land Park Dr t249 CITY Sacramento STATE CA ZIP9822 TELEPHONE NO. (916) 680-6886 FAX NO. N/A EMAIL ADDRESS info@owtsolutions.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 permits,labor,tools, machinery,materials,transportation,equipment and services of all kinds required for, necessary for,or reasonable incidental to, the construction of the 2025 SLURRY SEAL PROJECT No. 2025-0 1 (hereinafter"Project°)for the City of Ashland, Oregon,as shown in the contract documents on file at City Community Development Building, which are a condition of this Bid as though they were attached. This offer is subject to the following declarations as to the acts,intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized 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 21re , . the site that relates to the project work required by the Contract Documents, local conditions,and federal, state,and local Laws and Regulations that in any manner may affect cost, progress, performance,or furnishing of the project work. 2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)examinations, investigation,exploration, tests,and studies which pertain to the conditions(subsurface or physical)at or contiguous to the site or otherwise and which may affect the cost,progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents;and no additional or supplementary examinations, investigations,explorations,tests,reports,or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids,waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: Norte. 4. The deadline to file a written protest or request,pursuant to the Instructions to Bidders to change contract terms,conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. All of the contract documents, including all plans,specifications,and drawings have been examined and an examination of the site of the proposed work,together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted,and that if this Offer is accepted,the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above,they shall have the same force and effect as though they were attached, and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will,within ten working days, of receipt of such notice,execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond,both in the amount equal to 100%of the awarded contract; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurance; All other bonds, permits, licenses,etc.as required in the contract documents. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor,equipment,and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price Darned. 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 3111age for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price,it shall be computed on a basis of"extra work"for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time,materials,equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner,the Engineer,or any other person, firm or corporation responsible for any errors or omissions that may appeal-in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed"ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees to furnish labor, tools,machinery,materials,transportations, equipment and services of all kinds required for,necessary for,or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the project in accordance with the Contract Documents,the 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 the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in pail when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B.100 13. The foregoing prices shall include all labor,materials,equipment, overhead,profit,insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of any discrepancy,the amounts shown in words shall govern. 14. Upon receipt of written notice of the acceptance of its bid,Bidder shall execute a formal contract with the City within ten(10)days,deliver surety bond or bonds as required,and deliver require,"' proof of insurance. The bid security attached in the sum of five pet-cent(5%)of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned,as bidder,acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a) bidder agrees to comply with the Davis- Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference, and can be accessed at: 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17. Accompanying this Offer is a certified check,cashier's check or a bid bond, for the sum of Bidders bond,10%of Bid Total payable to the City of Ashland,Oregon,this being an amount for tell 4111 n g percent(10%)of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten(10)working days from the date of notification, then the City may, at its option,determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void,and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted,the bid security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned,as bidder,acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a), bidder agrees to comply with the Davis- Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049- 0200(t)(a)(J)l. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract,that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.I 10 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within ten(10)business days after receipt of the written Notice to Proceed. • The work shall be completed in all respects within 60 calendar days from Notice to Proceed. The undersigned agrees that the"Time of Completion"shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed"has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions,for each day the project remains incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractors Board(CCB), the registration is current and valid,and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board, ifopplicable,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. 24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract,add a percent increase on the bid of a non-resident bidder equal to the percent, if any,of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the 5111aae bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder,by completing the appropriate blank below. The Bidder is or is not V a Resident Bidder as defined in ORS 279A.120. 25. The undersigned hereby represents that no Councilor,Commissioner,officer,agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation,statement or statements, oral or in writing,of the City, its Councilors,Commissioners,officers, agents or employees had induced him/her to enter into this Contract,and the papers made a part of its terms; 26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person,firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud. 27. The undersigned confirms that this frin has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(l)(c)(B)] 28. The undersigned confirms that if this contract involves asbestos abatement or removal,the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 29. 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. 30. 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 Docurnents. 31, The bidder understands that the City reserves the right to make changes to the Notice to Contractors Invitation to Bid and the resulting contract by written addenda,prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on City's website(w-ww.ashland.or.us)at the Public Works page. The addenda may be downloaded or picked up at the Department of Public Works, 51 Winburn Way,Ashland, Oregon. The bidder must check the website and Public Works bulletin board frequently until closing. The bidder acknowledges that the Addendum(s)listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER 0 THROUGH 0 HAVE BEEN REVIEWED 32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(l Xb)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 33. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors(those subcontractors contracting directly with the bidder)when the contract price exceeds$100,000(see ORS 279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to:(i)5%of tile project bid,but at least$15,000,or(ii)$350,000 regardless of the percentage,you must disclose the following information about that subcontract within two working hours of bid closing: The subcontractor's name and address; 6 11 • The subcontractor's Construction Contractor Board registration number,if one is required,and; • The subcontract dollar value, If you will not be using any subcontractors that are subject to the above disclosure requirements,you are required to indicate"NONE"on the form. Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING, THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 34. Bidder Information and Signature One Way Trigger, LLC Firm Name of Bidder SigAafle of 'd er Jason Lampley Printed Name of Bidder Managing Member Official Title California 245146 State of Incorporation CCB Number Dated this 17th day of February 2025 . Naive of Bidder Jason Lampley Address 5960 S. Land Park Drive#249 Sacramento, CA 95822 Telephone No. (916) 680-6886 71E'�gc BID SCHEDULE 2025 SLURRY SEAL PROJECT Proiect No. 2025-01 Spec. Item Bid No. No. Item Unit Quantity Unit Price Total Price TEMPORARY FEATURES AND APPURTENANCES 00214 10 MOBILIZATION LS 1 $ 'fo�UOQ $ 7Oo()a V 00221 20 TEMPORARY WORK ZONE TRAFFIC CONTROL, LS I $ �O Q�SO $ �� 00 COMPLETEf 1 00223 30 FLAGGERS HR 750 S $ 6-35I 4 t7 00280 40 EROSION CONTROL L5 I $ $ OG( Ock 00290 50 POLLUTION CONTROL PLAN LS I $ $ I SO t7 WEARING SURFACES EMULSIFIED ASPHALT SLURRY SEAL SURFACING(TYPE III) 00706 60 TOLMAN CREEK RD-HWY 66 TO SISKIYOU BLVD SQYD 13,724 S 2 .5 $ 3q,3 I JEFFERSON AVE-]NORTHERLY INTERSECTION wl 00706 70 WASHINGTON ST TO SOUTHERLY INTERSECTION w/ SQYD 6,261 WASHINGTON ST 2' 00706 80 FREMONTST-NORMAL AVE TO PARK ST SQYD 2,039 S 2 •5 $ 501-1 . 5 00706 90 E.MAIN ST-LITHIA WAY TO 725'EAST OF WALKER SQYD 22,767 $AVE 00706 100 SCENIC DR-WIMER ST TO NUTLEY ST SQYD 10,414 S 2-5- 00706 110 GUTHRIE ST-HOLLY ST TO ASHLAND ST SQYD 4,113 S :Z. $ 10 2.62_• 5 00706 120 ASHLAND ST-GUTHRIE ST TO UNIVERSITY WAY SQYD 11,326 S Z .5 S 26.-31tj 00706 130 S.MOUNTAIN AVE-E.MAIN ST TO ASHLAND ST SQYD 11,008 S 2, 5 $ Z7} 00706 140 WALKER AVE-SISKIYOU BLVD TO PINECREST TERR SQYD 8,551 $ ,r' S 3`YI.5 00706 150 PEACHEYRD-WALKER AVETOHILLVIEWDR SQYD 2,774 $ -2.-5 00706 160 PARADISE LN-PEACHEY RD TO END OF PAVEMENT SQYD 1,118 $ 2 ,5 S Z 00706 170 GLENVIEWDR-FORK STTO GRANITE ST SQYD 14,642 $ Z.5 $ 3rs� 61j5 00706 180 ORANGE AVE-N.LAUREL ST TO HELMAN ST SQYD 1,382 $ Z,5 $ 5-5 00706 190 CAMPUS WAY-E.MAIM ST TO END OF ROAD SQYD 1,517 S Z,g $ 00706 200 FIELDER ST-INDIANA ST TO END OF ROAD SQYD 760 S -2.5 S I Ci O tN 1 00706 210 MOHAWK ST-PARK ST TO MARY JANE AVE SQYD 3,518 $ 2,S $ `Llq 5 00706 220 CRESTVIEW DR-WESTERLY END OF ROAD TO SQYD 7,137 S 2 EASTERLY END OF ROAD i 00706 230 LINDA AVE-NEZLA ST TO CRESTVIEW DR SQYD 4,312 S 2 .S $ 1.01 7fjC) 00706 240 WRIGHTS CREEK DR-WIMER ST TO GRANDVIEW DR SQYD 3,621 $ • ,S' $ q,05 2- 5 00706 250 IVY LN-END OF ROAD TO S.MOUNTAIN AVE SQYD 2,381 S 2 .� $ 5 SZ• 00706 260 ALMOND ST-MANZANITA ST TO PINE ST SQYD 3,049 $ 2. S S I � 5' EMULSIFIED ASPHALT SLURRY SEAL SURFACING(TYPE 1&111) 00706 270 SECT 3-MULTI USE PATH SQYD 2,712 $ 11.5 $ `31 1$b 00706 280 SECT 4-MULTI USE PATH SQYD 577 S 11.ro $ 6,, j,35.5 00706 290 SECT 5-MULTI USE PATH SQYD 767 $ 11.5 $ $ 19,10.5 00706 300 SECT 6-MULTI USE PATH SQYD 1,494 S 1 1,C $ 8�Pa�> e PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES 00865 310 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FT 4,272 $ $ 3 � PROFILED,BROKEN LINE,YELLOW 00865 320 THERMOPLASTIC,EXTRUDED,SURFACE,NON- Ff 2,650 $ $ �o a PROFILED,DOABLE SOLID LINE,YELLOW Z' 00865 330 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FF 24,256 $ Z $ 3 q I'Z PROFILED,SOLID LINE,WHITE ) 00865 340 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FT 3,581 $ j ,j $ PROFILED,SOLID LINE,YELLOW BID TOTAL �p�3 i l 1 1 Jason Lqppley s N kk"n " "f' o h k� ��,�,p OW6 Name a ,4u horized Representative Total Written in Doll •s Ae((arf cxvsL -Twt„,f -urw lc-, tx 02/17/2025 0 , tit on d Re e tit live Signature Date 9IPay FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM INSTRUCTIONS Instructions for Submitting Form Submit the First-Tier Subcontractor Disclosure form in any of the following manners: • Not later than two working hours after the time set for opening Bids. (For example,before 11:00 a.m.after a 9:00 a.m.Bid Opening.)Submit according to one of the following methods: • Print the form from the Bid Booklet,fill it in,and either: 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 o FAX it to(541)488-6006. The Agency is not responsible for partial,failed, illegible,or partially legible FAX transmissions or electronic submissions. Instructions for First-Tier Subcontractor Disclosure Without regard to the amount of a Bidder's Bid, if the Agency's cost range for a public improvement project in the"Notice to Contractors", or in other advertisement or solicitation documents is greater than $100,000, bidders are required to disclose information about first-tier subcontractors that will furnish labor or labor and materials(See ORS 279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to: (1)5%of the total project Bid, but at least$15,000,or(2) $350,000 regardless of the percentage of the total project Bid,you must disclose the following information about that subcontractor not later than two working hours after the time set for opening Bids: • The name of the subcontractor • The category of work that the subcontractor will be performing • The dollar amount of the subcontract If the Agency's cost range is greater than$100,000 and you will not be using any first-tier subcontractors, you are still required to submit the form,with the appropriate box checked or enter"NONE"on the first. line. If the Agency's cost range is greater than$100,000 and you are not subject to the above disclosure requirements,you are still required to submit the forth,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 with this information by the stated deadline. To determine disclosure requirements,the Agency recommends that you disclose subcontract information for any subcontractor as follows: 1) Determine the lowest possible prime contract price. That will be the base Bid amount less all alternate deductive Bid amounts(exclusive of any options that can only be exercised after Bid award). 10111.E 2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services are greater than or equal to; (1)5%of the lowest contract price,but at least$15,000,or(2) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination,(for example,if a subcontractor will provide$15,000 worth of services on the base Bid and $40,000 on an additive alternate,then the potential amount of the subcontractor's services is$55,000. Assuming that$55,000 exceeds 5%of the lowest contract price,provide the disclosure for both the $15,000 services and the$40,000 services). Ili'a4c FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM Project Name 2025 Slurry Seal Project Project Number2025-01 Bid Opening Date February 18, 2025 Name of Bidding Contractor One Way Trigger, LLC ❑ CHECK THIS BOX IF YOU WILL NOT BE USING ANY FIRST-TIER SUBCONTRACTORS OR IF YOUARE NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS(SEE INSTRUCTIONS) Finn Name Hicks Striping & Curbing, LLC Dollar Amount Category of Work Striping $54,927.65 Finn Name Dollar Amount Category of Work Firm Name Dollar Amount Category of Work Finn Name Dollar Amount Category of Work Firm Nacne Dollar Amount Categoa of Work Finn Name Dollar Amount Category of Work Firm Name Dollar Amount Categoty of Work (Attach additional sheets as necessary) 121PaL c CITY OF SH1...A. N' D yo BID AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS RE,QUIRE,D FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JAC CSON COUNTY, OREGON,AS STATED IN THE COMPLETED BID SCHEDULE,ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,PLANS, SPECIFICATIONS,AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER One Way Trigger, LLC CONTACT Jason Larrt la ADDRESS 596O S Land Park Dr t249 CITY Sacramento STATE CA ZIP9822 TELEPHONE NO. (916) 680-6886 FAX NO. N/A EMAIL ADDRESS info@owtsolutions.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 permits,labor,tools, machinery,materials,transportation,equipment and services of all kinds required for, necessary for,or reasonable incidental to, the construction of the 2025 SLURRY SEAL PROJECT No. 2025-0 1 (hereinafter"Project°)for the City of Ashland, Oregon,as shown in the contract documents on file at City Community Development Building, which are a condition of this Bid as though they were attached. This offer is subject to the following declarations as to the acts,intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized 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 21re , . the site that relates to the project work required by the Contract Documents, local conditions,and federal, state,and local Laws and Regulations that in any manner may affect cost, progress, performance,or furnishing of the project work. 2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)examinations, investigation,exploration, tests,and studies which pertain to the conditions(subsurface or physical)at or contiguous to the site or otherwise and which may affect the cost,progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents;and no additional or supplementary examinations, investigations,explorations,tests,reports,or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids,waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: Norte. 4. The deadline to file a written protest or request,pursuant to the Instructions to Bidders to change contract terms,conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. All of the contract documents, including all plans,specifications,and drawings have been examined and an examination of the site of the proposed work,together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted,and that if this Offer is accepted,the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above,they shall have the same force and effect as though they were attached, and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will,within ten working days, of receipt of such notice,execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond,both in the amount equal to 100%of the awarded contract; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurance; All other bonds, permits, licenses,etc.as required in the contract documents. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor,equipment,and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price Darned. 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 3111age for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price,it shall be computed on a basis of"extra work"for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time,materials,equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner,the Engineer,or any other person, firm or corporation responsible for any errors or omissions that may appeal-in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed"ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees to furnish labor, tools,machinery,materials,transportations, equipment and services of all kinds required for,necessary for,or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the project in accordance with the Contract Documents,the 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 the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in pail when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B.100 13. The foregoing prices shall include all labor,materials,equipment, overhead,profit,insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of any discrepancy,the amounts shown in words shall govern. 14. Upon receipt of written notice of the acceptance of its bid,Bidder shall execute a formal contract with the City within ten(10)days,deliver surety bond or bonds as required,and deliver require,"' proof of insurance. The bid security attached in the sum of five pet-cent(5%)of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned,as bidder,acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a) bidder agrees to comply with the Davis- Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference, and can be accessed at: 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17. Accompanying this Offer is a certified check,cashier's check or a bid bond, for the sum of Bidders bond,10%of Bid Total payable to the City of Ashland,Oregon,this being an amount for tell 4111 n g percent(10%)of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten(10)working days from the date of notification, then the City may, at its option,determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void,and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted,the bid security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned,as bidder,acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract,or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a), bidder agrees to comply with the Davis- Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049- 0200(t)(a)(J)l. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract,that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.I 10 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within ten(10)business days after receipt of the written Notice to Proceed. • The work shall be completed in all respects within 60 calendar days from Notice to Proceed. The undersigned agrees that the"Time of Completion"shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed"has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions,for each day the project remains incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractors Board(CCB), the registration is current and valid,and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board, ifopplicable,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. 24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract,add a percent increase on the bid of a non-resident bidder equal to the percent, if any,of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the 5111aae bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder,by completing the appropriate blank below. The Bidder is or is not V a Resident Bidder as defined in ORS 279A.120. 25. The undersigned hereby represents that no Councilor,Commissioner,officer,agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation,statement or statements, oral or in writing,of the City, its Councilors,Commissioners,officers, agents or employees had induced him/her to enter into this Contract,and the papers made a part of its terms; 26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person,firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud. 27. The undersigned confirms that this frin has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(l)(c)(B)] 28. The undersigned confirms that if this contract involves asbestos abatement or removal,the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 29. 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. 30. 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 Docurnents. 31, The bidder understands that the City reserves the right to make changes to the Notice to Contractors Invitation to Bid and the resulting contract by written addenda,prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on City's website(w-ww.ashland.or.us)at the Public Works page. The addenda may be downloaded or picked up at the Department of Public Works, 51 Winburn Way,Ashland, Oregon. The bidder must check the website and Public Works bulletin board frequently until closing. The bidder acknowledges that the Addendum(s)listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER 0 THROUGH 0 HAVE BEEN REVIEWED 32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(l Xb)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. 33. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors(those subcontractors contracting directly with the bidder)when the contract price exceeds$100,000(see ORS 279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to:(i)5%of tile project bid,but at least$15,000,or(ii)$350,000 regardless of the percentage,you must disclose the following information about that subcontract within two working hours of bid closing: The subcontractor's name and address; 6 11 • The subcontractor's Construction Contractor Board registration number,if one is required,and; • The subcontract dollar value, If you will not be using any subcontractors that are subject to the above disclosure requirements,you are required to indicate"NONE"on the form. Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING, THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 34. Bidder Information and Signature One Way Trigger, LLC Firm Name of Bidder SigAafle of 'd er Jason Lampley Printed Name of Bidder Managing Member Official Title California 245146 State of Incorporation CCB Number Dated this 17th day of February 2025 . Naive of Bidder Jason Lampley Address 5960 S. Land Park Drive#249 Sacramento, CA 95822 Telephone No. (916) 680-6886 71E'�gc BID SCHEDULE 2025 SLURRY SEAL PROJECT Proiect No. 2025-01 Spec. Item Bid No. No. Item Unit Quantity Unit Price Total Price TEMPORARY FEATURES AND APPURTENANCES 00214 10 MOBILIZATION LS 1 $ 'fo�UOQ $ 7Oo()a V 00221 20 TEMPORARY WORK ZONE TRAFFIC CONTROL, LS I $ �O Q�SO $ �� 00 COMPLETEf 1 00223 30 FLAGGERS HR 750 S $ 6-35I 4 t7 00280 40 EROSION CONTROL L5 I $ $ OG( Ock 00290 50 POLLUTION CONTROL PLAN LS I $ $ I SO t7 WEARING SURFACES EMULSIFIED ASPHALT SLURRY SEAL SURFACING(TYPE III) 00706 60 TOLMAN CREEK RD-HWY 66 TO SISKIYOU BLVD SQYD 13,724 S 2 .5 $ 3q,3 I JEFFERSON AVE-]NORTHERLY INTERSECTION wl 00706 70 WASHINGTON ST TO SOUTHERLY INTERSECTION w/ SQYD 6,261 WASHINGTON ST 2' 00706 80 FREMONTST-NORMAL AVE TO PARK ST SQYD 2,039 S 2 •5 $ 501-1 . 5 00706 90 E.MAIN ST-LITHIA WAY TO 725'EAST OF WALKER SQYD 22,767 $AVE 00706 100 SCENIC DR-WIMER ST TO NUTLEY ST SQYD 10,414 S 2-5- 00706 110 GUTHRIE ST-HOLLY ST TO ASHLAND ST SQYD 4,113 S :Z. $ 10 2.62_• 5 00706 120 ASHLAND ST-GUTHRIE ST TO UNIVERSITY WAY SQYD 11,326 S Z .5 S 26.-31tj 00706 130 S.MOUNTAIN AVE-E.MAIN ST TO ASHLAND ST SQYD 11,008 S 2, 5 $ Z7} 00706 140 WALKER AVE-SISKIYOU BLVD TO PINECREST TERR SQYD 8,551 $ ,r' S 3`YI.5 00706 150 PEACHEYRD-WALKER AVETOHILLVIEWDR SQYD 2,774 $ -2.-5 00706 160 PARADISE LN-PEACHEY RD TO END OF PAVEMENT SQYD 1,118 $ 2 ,5 S Z 00706 170 GLENVIEWDR-FORK STTO GRANITE ST SQYD 14,642 $ Z.5 $ 3rs� 61j5 00706 180 ORANGE AVE-N.LAUREL ST TO HELMAN ST SQYD 1,382 $ Z,5 $ 5-5 00706 190 CAMPUS WAY-E.MAIM ST TO END OF ROAD SQYD 1,517 S Z,g $ 00706 200 FIELDER ST-INDIANA ST TO END OF ROAD SQYD 760 S -2.5 S I Ci O tN 1 00706 210 MOHAWK ST-PARK ST TO MARY JANE AVE SQYD 3,518 $ 2,S $ `Llq 5 00706 220 CRESTVIEW DR-WESTERLY END OF ROAD TO SQYD 7,137 S 2 EASTERLY END OF ROAD i 00706 230 LINDA AVE-NEZLA ST TO CRESTVIEW DR SQYD 4,312 S 2 .S $ 1.01 7fjC) 00706 240 WRIGHTS CREEK DR-WIMER ST TO GRANDVIEW DR SQYD 3,621 $ • ,S' $ q,05 2- 5 00706 250 IVY LN-END OF ROAD TO S.MOUNTAIN AVE SQYD 2,381 S 2 .� $ 5 SZ• 00706 260 ALMOND ST-MANZANITA ST TO PINE ST SQYD 3,049 $ 2. S S I � 5' EMULSIFIED ASPHALT SLURRY SEAL SURFACING(TYPE 1&111) 00706 270 SECT 3-MULTI USE PATH SQYD 2,712 $ 11.5 $ `31 1$b 00706 280 SECT 4-MULTI USE PATH SQYD 577 S 11.ro $ 6,, j,35.5 00706 290 SECT 5-MULTI USE PATH SQYD 767 $ 11.5 $ $ 19,10.5 00706 300 SECT 6-MULTI USE PATH SQYD 1,494 S 1 1,C $ 8�Pa�> e PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES 00865 310 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FT 4,272 $ $ 3 � PROFILED,BROKEN LINE,YELLOW 00865 320 THERMOPLASTIC,EXTRUDED,SURFACE,NON- Ff 2,650 $ $ �o a PROFILED,DOABLE SOLID LINE,YELLOW Z' 00865 330 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FF 24,256 $ Z $ 3 q I'Z PROFILED,SOLID LINE,WHITE ) 00865 340 THERMOPLASTIC,EXTRUDED,SURFACE,NON- FT 3,581 $ j ,j $ PROFILED,SOLID LINE,YELLOW BID TOTAL �p�3 i l 1 1 Jason Lqppley s N kk"n " "f' o h k� ��,�,p OW6 Name a ,4u horized Representative Total Written in Doll •s Ae((arf cxvsL -Twt„,f -urw lc-, tx 02/17/2025 0 , tit on d Re e tit live Signature Date 9IPay FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM INSTRUCTIONS Instructions for Submitting Form Submit the First-Tier Subcontractor Disclosure form in any of the following manners: • Not later than two working hours after the time set for opening Bids. (For example,before 11:00 a.m.after a 9:00 a.m.Bid Opening.)Submit according to one of the following methods: • Print the form from the Bid Booklet,fill it in,and either: 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 o FAX it to(541)488-6006. The Agency is not responsible for partial,failed, illegible,or partially legible FAX transmissions or electronic submissions. Instructions for First-Tier Subcontractor Disclosure Without regard to the amount of a Bidder's Bid, if the Agency's cost range for a public improvement project in the"Notice to Contractors", or in other advertisement or solicitation documents is greater than $100,000, bidders are required to disclose information about first-tier subcontractors that will furnish labor or labor and materials(See ORS 279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to: (1)5%of the total project Bid, but at least$15,000,or(2) $350,000 regardless of the percentage of the total project Bid,you must disclose the following information about that subcontractor not later than two working hours after the time set for opening Bids: • The name of the subcontractor • The category of work that the subcontractor will be performing • The dollar amount of the subcontract If the Agency's cost range is greater than$100,000 and you will not be using any first-tier subcontractors, you are still required to submit the form,with the appropriate box checked or enter"NONE"on the first. line. If the Agency's cost range is greater than$100,000 and you are not subject to the above disclosure requirements,you are still required to submit the forth,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 with this information by the stated deadline. To determine disclosure requirements,the Agency recommends that you disclose subcontract information for any subcontractor as follows: 1) Determine the lowest possible prime contract price. That will be the base Bid amount less all alternate deductive Bid amounts(exclusive of any options that can only be exercised after Bid award). 10111.E 2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services are greater than or equal to; (1)5%of the lowest contract price,but at least$15,000,or(2) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination,(for example,if a subcontractor will provide$15,000 worth of services on the base Bid and $40,000 on an additive alternate,then the potential amount of the subcontractor's services is$55,000. Assuming that$55,000 exceeds 5%of the lowest contract price,provide the disclosure for both the $15,000 services and the$40,000 services). Ili'a4c FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM Project Name 2025 Slurry Seal Project Project Number2025-01 Bid Opening Date February 18, 2025 Name of Bidding Contractor One Way Trigger, LLC ❑ CHECK THIS BOX IF YOU WILL NOT BE USING ANY FIRST-TIER SUBCONTRACTORS OR IF YOUARE NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS(SEE INSTRUCTIONS) Finn Name Hicks Striping & Curbing, LLC Dollar Amount Category of Work Striping $54,927.65 Finn Name Dollar Amount Category of Work Firm Name Dollar Amount Category of Work Finn Name Dollar Amount Category of Work Firm Nacne Dollar Amount Categoa of Work Finn Name Dollar Amount Category of Work Firm Name Dollar Amount Categoty of Work (Attach additional sheets as necessary) 121PaL c Premium:$8,732 00 Premium is for contract term subject to adjustments based on final contract price PERFORMANCE BOND The underaigmed- One Way Trigger LLC as principal. further referred to in this bond as Contractor.and Everest National insurance Company, as Sur et further referred to in this bond as Suret , are jgLntA1 .and severall_y bound unto City of Ashland,as obligee fuqher,referred to in this bond as Cia.,.in the .........................................................................................................................................................................SUM Of Six Hundred Twenty Three Thousand One Hundred Seventy One and 2 1/100 Dollars($Z213,I—L 21 Contractor and City have entered into a written contract dated for the followin2proiect: 2025 SLURRY SEAL PROJECT No. 2025-01. This contract is further referred to in this bond„as th.e C o n tra-c t and is incorporated into this bond 0 by this reference.. The conditions of this bond are: ..................................-- I If Contractor faithfully performs the Contract in accordance with Lhe faithfully ............................................................................... _pI,qRs § and conditions of the contract within the time prescribed„by the Contract, as required by ORS 279C. 380 throu h 279C385, then this obli ation is null and void: otherwise it shall, 11 remain in full force and effect. ............................................................................................................................................................................. 2. If Contractor is declared by City to be in default under the Contract, the Surety Shall bli ations under the contract in accordance with its terms and condition-,and na to Cit all damages,,,,that,,,,,g![e d u..e u n d..e r the Co..q.tra. .q.t. 3. 11)i s tqn 0 is s q biect to claims under ORS 279C.380 throgg 2 79C.390. 4. This obligation e..x q.c u to r..s..........a..d m i n i .................................. ................. ..... .............. 5. extension of the Contract time. 6. N..qDqay!D.gn1 Of the bqind2r.emium shall not invalidate this bond., 7. .1..h..e bond number and the name,address and telpDhone number of the a ent authorized tol receive notices concerD'n&t h i s bond are as follows.L j- ................................................................................................................... Bond Number: ES00021203 ...............—----------................................................................. ................. Bond Agent: InterWest Insurance Services LLC Address: 8950 Cal Center Dr,Bldg 3,Ste 200 ............. ........... ........................................................ Sacramento,CA 95826 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Telephone: 916-488-3100 ................ SIGNED this l6th day of April........ 2025 ............................... ................................................................ PERFORMANCE BOND Page 2 WITNESS: CONTRACTOR: One Way Trigger LLC By: (Corporate Seal) Title: President/ CEO Legal Address: 5960 S Land Park Drive#250 Sacramento,CA 95822 Attest: Corporate Secretary WITNESS: SURETY; Everest National Insurance Company (Corporate Seal) Title: Cassandra Medina,Attorney-In-Fact Legal Address: 100 Everest Way,Warren Corporate Center Warren,NJ 07059 Attest: Corporate Secretary 471Page NEVADA NOTARY ACKNOWLEDGMENT THE STATE OF NEVADA COUNTY OF Washoe This instrument was acknowledged before me on .............. April 16th, 2025 (date) by Cassandra Medina % (name of person). " (I'd V- 6ffllz �Ij JULIE HEMDAL Notary Pubk Notary Public Signature Rate of Nevada 02 Appi,No,23-52S8 My Appt,Expires Aug,q 1,2027 Print Julie Heimdal Title Notary Public (Seal) ever s " POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company")having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey,07059.do hereby nominate,constitute,and appoint: Elizabeth Collodi,John Hopkins,John Weber,Joseph H.Weber,Renee Ramsey,Sara Walliser,Mindy Whitehouse, Jennifer Lakmann,Deanna Quintero,Bill Rapp,Jason March,Matthew Foster,Tony Clark,Samantha Watkins,Phil Watkins,Brad Espinosa,Paula Senna, Pam Sey,Breanna Boatright,Kathleen Le,Sharon Smith,Cassandra Medina its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation, Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company('Board")on April 21,2016: RESOLVED,that the President,any Executive Vice President,and any Senior Vice President are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds,undertakings,contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER, that the President, any Executive Vice President,and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached, IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 101'day of October 2023, ura 14 ^ 1f15p Everest Reinsurance Company and Everest National Insurance Company Ie ar SEAL SEAL t69 k 1973 19as Or By:Anthony Romano,Senior Vice President On this 22n1 of March 2023.before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order LINDA ROBINS �f Notary Public,State of New York I,L� No 01R06239736 ���L Qualified in Queens County f Term Expires April 25,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 16th day of A ril _2025 . ktsU� cura S S* SEAL ° , av 1 SEAL ar r t9xt „� * 7 * By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16 Premium is included in the performance bond subject to adjustments based on final contract PAYMENT BOND price The undersigned One Way Trigger LLC aS rmciR4.1 further referred to in this bond as ...................................... Contractoi ...........................................!.t s S ur ty a Everest National Insurance Company as surety. Further referred to in this bond a e re ............................................................................ ................... iointlY and severally bound u��to City of Ashland„as oligtee, further red tointhis bond asCi nthe SUM of Six Hundred Twenty Three Thousand One Hundred Seventy One and 211100 ................................................................................................................................................................................................................................................................ Contractor and City have entered into a written contract dated for the ......................... ————---------------- fo following~ PROJECT No. 2025-01. This contract is further referred to in _project 2025,VL URRY SEAL PRQJ this bond as the Contract and is incornorated into this bond bv this reference. ......................................................... The conditions of this bond are:, I. If Contractor faithfully r)erforms the Contract within the time orescribed by the Contract, and ......................................................................................................................................................................................................................-- prgMptyl njake.��payment to all claimants as defined in ORS 279C.600 through 279C.620.then ............................................................ !bjLqbligation is null and void.-...2!hq1wi e it shall remain in full fbrce and effect. §...................................................... 2. If Contractor is declared b default under the Contract. the Surety shal I promptly ....the Contract. ............................................. remedy the ogfaj!.!.j, perform all of Contractor's obli„ ations under the contract in accordance with its terms and conditions and Dav to C* I d ----......................................................................................................................................................................... a es that are due under the Contract. 3. Tb i s b..o n d J s s qtkc t(P q!a i m s u n d..e r 0 R S 2 79 C 6 09 th..rgggh Q....' 4. hi.S o.h.l.iji:;�atio �ioi �i andseyer —binds Contractor and Sure ty and their rgs��L executors administrators,..... .. successors. 5. extension of the Contract time. .......................... 6. Non 1!n!pn1 of the„122no remium shall not invalidate this bond,, 7. The bond number and the name. address. and telephone number of Lhe_age,_ql authorized to .............................................................................................................................................................................................. .................................................. receive notices concerning this�bond are as follows: and Number: ES00021203 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Bond Agent: Inter-West Insurance Services LLC Address: 8950 Cal Center Dr,Bldg 3,Ste,200 -—-------------------------------------------------------------------------------------- ------ Sacramento,CA 95826 ............................................................................................................................................................................................................................................................................................................. ............ Telephone: 916-488-3100 ...........--.-...... .............. SIGNED this 16th day of April 2025 ............................................. PAYMENT BOND Page 2 WITNESS: CONTRACTOR: One Way Trigger LLC By' - — ..................._ ... (Corporate Seal) Title President/ CEO Legal Address: 5960 S,Land Park Drive#250 Sacramento,CA 95822 Attest: Corporate Secretary WITNESS: SURETY: Everest National Insurance Company (Corporate Seal) By� Title: Cassandra Medina,Attorney-In-Fact Legal Address: 100 Everest Way:Warren Corporate Center Warren,NJ 07059 Attest: __.......__..........____..... Corporate ....Secretary 491Page NEVADA NOTARY ACKNOWLEDGMENT THE STATE OF NEVADA COUNTY OF Washoe This instrument was acknowledged before me on ......._ April 16th. 2025 (date) by ,Cassandra Medina , (name of person). Notary Public Signature -.. JULIE HEIMDAL .,m Notary Public State of Nevada to " „I a„ Appt.No.23-5258-02 Print J uli a Hei mdal N�ii1y Ape pt.Expires Aug.11„2027 Title Notary Pu b lic (Seal) e er s lM POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company")having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey,07059,do hereby nominate,constitute,and appoint: Elizabeth Collodi,John Hopkins,John Weber,Joseph H.Weber,Renee Ramsey,Sara Walliser,Mindy Whitehouse, Jennifer Lakmann,Deanna Quintero,Bill Rapp,Jason March,Matthew Foster,Tony Clark,Samantha Watkins,Phil Watkins,Brad Espinosa,Paula Senna, Pam Say,Breanna Boatright,Kathleen Le,Sharon Smith,Cassandra Medina its true and lawful Altorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation, Such bonds and undertakings,when duly executed by the aforesaid Attorneys)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on April 21,2016: RESOLVED, that the President,any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them herebyis authorizedto attest to the execution of any such bonds,undertakings,contracts orobligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the President,any Executive Vice President.and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 10'day of October 2023.. pS �"�"1 Everest Reinsurance Company and Everest National Insurance Company cs SEAL SEAL 1973 Xu Ssss " tAwtA `� By:Anthony Romano,Senior Vice President On this 22n1 of March 2023,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order, LINDA ROBINS , Notary Public,State of New York No 0n Queens County Qualified in Queens County Teffn Expires April 25,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 16th day of April 2025 . �,t,,SUran,c 1tMSCfr ..W e SEAL " Q. , a 7 SEAL � toll 1985 0r �3 # By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/4/2/2025 Y) 025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAUI NAME: Luke Hagarty Reliable Risk Management, LLC A/CNN. Ext: (480)813-3415 TF AX No: 42104 N Venture Dr E-MAIL Luke@reliableriskmanagement.com ADDRESS: Suite D122 INSURER(S) AFFORDING COVERAGE NAIC# Anthem AZ 85086 INSURERA:Alaska National Insurance Co. 38733 INSURED INSURER B:Pacific Compensation Insurance Company 11555 One Way Trigger, LLC, Northwest Paving, Inc INSURER C:Argonaut Insurance Company 19801 5960 S LAND PARK DR #250 INSURER D:Evanston Insurance Company 35378 INSURER E Sacramento CA 95822 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2412510150 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDNYYY MM/DDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGETORENTED 500,000 PREMISES Ea occurrence $ X Y 24L LS 12941 12/1/2024 12/1/2025 MED EXP(Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 LOC PRODUCTS-COMP/OPAGG $POLICY ❑XPRO 2,000,000 JECT OTHER: Employee Benefits $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X Y 24L AS 12941 12/1/2024 12/1/2025 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION $ 10,000 X Y 24L LU 12941 12/1/2024 12/1/2025 $ g WORKERS COMPENSATION WC1040582 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) y WC92 9178 8 27 914 (OR, WA) 12/1/2024 12/1/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment 24L IA 12941 12/1/2024 12/1/2025 Limit 500,000 D Pollution Insurance CPLMOL129134 2/5/2025 2/5/2026 Limit(Aggregate/Occurrence) 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City, and its agents, officers, and employees are additional insureds on a Primary & Non-Contributory basis, a Waiver of Subrogation applies in favor of the Additional Insureds as required by a written contract; attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ashland THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE John Norbut/LUKE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY COP Point, Iloii�o..iiut:rrod � tw�pm��uu�a uouurrtiro t;MPIWtsRPt:tINI AV_ASKA NATUDNAL CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). Schedule Anyone for whom you have agreed to provide this Waiver subject to the terms of the endorsement This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 12/01/2024 Policy No. WC1040582 Endorsement No. Insured One Way Trigger, LLC Premium $ 640.00 Insurance Company Pacific Compensation Insurance Company Countersigned by Authorized Representative WC990315A (Ed. 05-2023) Contains Copyrighted material of WCIRB,used with permission JV Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict subrogation against that person or coverage. Read the entire policy carefully to organization is waived prior to the "accident" determine rights, duties, and what is and is not or the "loss" under a contract with that person covered. or organization. Throughout this policy, the words "you" and "your" SECTION II — COVERED AUTO LIABILITY refer to the Named Insured shown in the COVERAGE, Paragraph A.2.a. (2) —Supplementary Declarations. The words "we", "us", and "our" refer to Payments is replaced by the following: the company providing this insurance. (2) Up to $10,000 for cost of bail bonds Other words and phrases that appear in quotation (including bonds for related traffic law marks have special meaning. Refer to SECTION V— violations) required because of an DEFINITIONS in the Business Auto Coverage Form. "accident" we cover. We do not have The coverages provided by this endorsement apply to furnish these bonds. per "accident" and, unless otherwise specified, are SECTION II — COVERED AUTO LIABILITY subject to all of the terms, conditions, exclusions and COVERAGE, Paragraph A.2.a. (4) —Supplementary deductible provisions of the policy, to which it is Payments is replaced by the following: attached. (4) All reasonable expenses incurred by SECTION II — COVERED AUTO LIABILITY the "insured" at our request, including COVERAGE, Paragraph A.1. Who Is An Insured is actual loss of earnings up to $500 a amended to include: day because of time off from work. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a contract COVERAGE, Paragraph A.2.c. —Voluntary Property or agreement in an "employee's" name, Damage is added as follows: with your permission, while performing c. Voluntary Property Damage duties related to the conduct of your business. At your written request, we may make a e. Any person or organization for whom you voluntary payment for Property Damage have agreed in writing to provide caused by an "insured", but without liability to a third party, up to $25,000. We insurance such as is afforded by this will not make a Voluntary Property Coverage Form, but only with respect to Damage payment to anyone who is an liability arising out of the ownership, "insured" under this policy. maintenance or use of"autos" covered by this policy. If such person or organization SECTION III — PHYSICAL DAMAGE COVERAGE, has other insurance then this insurance is Paragraph A.2. —Towing is replaced by the following: primary to and we will not seek Towing contribution from the other insurance. We will pay up to $500 for towing and labor SECTION IV — Business Auto Conditions, costs incurred each time a covered "auto" Paragraph A. 5. — Transfer of Rights of Recovery that is a: Against Others To Us is amended to include: a. Private passenger; 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that ANIC CA 1150 10 13 Page 1 of 4 JV Alaska National INSURANCE COMPANY b. Truck; (3) Pick-up truck; c. Pick-up truck; (4) Panel; or d. Panel ; or (5) Van e. Van type vehicle under 20,000 lbs. of Gross type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for Vehicle Weight is disabled. However, the those covered "autos" for which you carry labor must be performed at place of either Comprehensive or Specified disablement. Causes of Loss Coverage. We will pay for temporary transportation expenses SECTION III — PHYSICAL DAMAGE COVERAGE, incurred during the period beginning 48 Paragraph A.3. — Glass Breakage — Hitting a Bird hours after the theft and ending, or Animal — Falling Objects or Missiles is replaced regardless of the policy's expiration, by the following: when the covered "auto" is returned to Glass Breakage—Hitting a Bird or Animal use or we pay for its "loss". —Falling Objects or Missiles SECTION III — PHYSICAL DAMAGE COVERAGE, If you carry Comprehensive Coverage for the Paragraph AA.b. — Loss of Use Expenses is damaged covered "auto", we will pay the replaced by the following: following under Comprehensive Coverage: b. Loss of Use Expenses— Hired, Rented, a. Glass Breakage; or Borrowed Automobiles b. "Loss" caused by hitting a bird or animal; We will pay expenses for which an and "insured" becomes legally responsible to c. "Loss" caused by falling objects or pay for loss of use of a vehicle hired, missiles. rented or borrowed without a driver under a written rental contract or agreement. However, you have the option of having glass We will pay for loss of use expenses, if breakage caused by a covered "auto's" caused by: collision or overturn considered a "loss" under Collision Coverage. (1) Other than Collision, only if the Declarations indicate that Glass Repair—Waiver of Deductible Comprehensive Coverage is provided No deductible applies to glass breakage, if for the vehicle withdrawn from the glass is repaired rather than replaced. service. SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Specified Causes of Loss only if the Paragraph AA.a. — Transportation Expenses is Declarations indicate that Specified replaced by the following: Causes of Loss Coverage is provided a. Transportation Expenses for the vehicle withdrawn from service. We will pay up to $200 per day to a maximum of $1,500 for temporary (3) Collision only if the Declarations transportation expense incurred by you indicate that Collision Coverage is because of the total theft of a covered provided for the vehicle withdrawn "auto"that is a: from service. (1) Private passenger; (2) Truck; AN IC CA 1150 10 13 Page 2 of 4 JV Alaska National INSURANCE COMPANY However, the most we will pay for any (2) Truck; expenses for loss of use is $200 per day, to a (3) Pick-up truck; maximum of$1,500. (4) Panel; or SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.c. —Non-Transportation Loss of Use (5) Van Expenses is added as follows: type vehicle under 20,000 lbs. of Gross c. Non-Transportation Loss of Use Vehicle Weight. Payment applies in Expenses addition to the otherwise applicable amount of each coverage you have on a We will pay up to $2,000 for non- covered "auto". No deductibles apply to transportation expense incurred by you, this coverage. because of "loss" to a covered "auto", if caused by: (1) We will pay only for those expenses (1) Other than Collision, only if the incurred during the policy period beginning 24 hours after the 'loss" Declarations indicate that and ending, regardless of the policy's Comprehensive Coverage is provided expiration, with the lesser of the for the "auto"withdrawn from service; following number of days: (2) Specified Causes of Loss only if the (a) The number of days reasonably Declarations indicate that Specified required to repair or replace the Causes of Loss Coverage is provided covered "auto". for the "auto" withdrawn from service; or (b) 30 days. (3) Collision only if the Declarations (2) This coverage does not apply while indicate that Collision Coverage is there are spare or reserve "autos" provided for the "auto" withdrawn available to you for your operations. from service. (3) The Rental Reimbursement Cov- SECTION III — PHYSICAL DAMAGE COVERAGE, erage described above does not Paragraph AAA. — Airbag Coverage is added as apply to a covered "auto" that is follows: described or designated as a covered "auto" on Rental Reimbursement d. Airbag Coverage Coverage Form CA 99 23. We will pay for the cost to repair, replace, SECTION IV — BUSINESS AUTO CONDITIONS — or reset an airbag that inflates for any Paragraph B.2. — Concealment, Misrepresentation Or reason other than as a result of a Fraud is amended by adding Unintentional Failure collision, if the Declarations indicate that to Disclose Hazards at the end of Paragraph 13.2. as the covered "auto" has Comprehensive follows: Coverage or Specified Causes of Loss Coverage. Unintentional Failure to Disclose Hazards SECTION III — PHYSICAL DAMAGE COVERAGE, If you unintentionally fail to disclose any Paragraph AA.e. — Rental Reimbursement hazards existing at the inception date of your Coverage is added as follows: policy, we will not deny coverage under this Coverage Form because of such failure. e. Rental Reimbursement Coverage However, this provision does not affect our We will pay up to $75 per day for rental right to collect additional premium or exercise reimbursement expenses incurred by you our right of cancellation or non-renewal. for the rental of an "auto" because of "loss"to a covered "auto"that is a: (1) Private Passenger; ANIC CA 1150 10 13 Page 3 of 4 JW Alaska National INSURANCE COMPANY SECTION IV — BUSINESS AUTO CONDITIONS — SECTION V — DEFINITIONS — Paragraph C. — Paragraph B.5.b. — Other Insurance is replaced by "Bodily injury" is replaced by the following: the following: C. "Bodily injury" means bodily injury, sickness or b. For Hired Auto Physical Damage disease sustained by a person including death or Coverage, the following are deemed to mental anguish resulting from any of these. be covered "autos" you own: Mental anguish means any type of mental or (1) Any covered "auto" you lease, hire, emotional illness or disease rent, or borrow; and (2) Any covered "auto"" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". ANIC CA 1150 10 13 ©Insurance Services Office, Inc., 2009 Page 4 of 4 JV Alaska National INSURANCE COMPANY CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 13. Blanket Waiver of Subrogation 8 additional insured extensions. Waiver of subrogation where required by written contract or written agreement. Primary and Noncontributory Insurance 14. In Rem Actions 2. Damage To Premises Rented to You Limit increased to $500,000. 15. Voluntary Property Damage Limits added: $5,000 occurrence, $10,000 3. Medical Payments aggregate. Limits increased to$15,000. Reporting period increased to three years from 1. MISCELLANEOUS ADDITIONAL INSUREDS the date of accident. Section II Who Is An Insured is amended to 4. Non-owned Watercraft include as an additional Insured any person or Increased to 50 feet. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 5. Supplementary Payments as an additional insured on this policy under a Cost of bail bonds increased to $10,000. written contract or written agreement. However, Daily loss of earnings increased to $500. the written contract or written agreement must be: 6. Newly Formed Or Acquired Organizations 1. Currently in effect or becoming effective Coverage extended to the end of the policy period during the term of this policy; and or the next anniversary of this policy's effective date. 2. Executed prior to the "bodily injury", "property damage" or"personal injury and 7. Liberalization Clause advertising injury", but 8. Unintentional Failure To Disclose Hazards Only the following persons or organizations are additional insureds under this 9. Notice of Occurrence endorsement and coverage provided to such additional insureds is limited as provided 10. Broad Knowledge of Occurrence herein: 11. Bodily Injury- Extension of Coverage a. State or Governmental Agency or Subdivision or Political Subdivi- 12. Expected Or Intended Injury sions Reasonable force - bodily injury or property damage. ANIC GL 1187 08 21 Page 1 of 7 Alaska National INSURANCE COMPANY Any state or governmental agency or (2) Structural alterations, new con- subdivision or political subdivision struction or demolition operations that has issued a permit in performed by or on behalf of connection with operations performed such additional insured. by you or on your behalf and that you are required by any ordinance, law or d. Mortgagee, Assignee or Receiver building code to include as an additional insured on this coverage A mortgagee, assignee or receiver part is an additional insured, but only but only with respect to their liability with respect to liability for "bodily as mortgagee, assignee, or receiver injury", "property damage", "personal and arising out of the ownership, and advertising injury" arising out of maintenance, or use of a premises by such operations. you. The insurance provided to such state This insurance does not apply to or political subdivision does not apply structural alterations, new construc- to any "bodily injury", "property tion or demolition operations damage" or"personal and advertising performed by or for such additional injury" arising out of operations insured. performed for that state or political subdivision. e. Owners or Other Interests From Whom Land Has Been Leased b. Controlling Interest An owner or other interest from whom Any persons or organizations with a land has been leased by you but only controlling interest in you but only with respect to liability arising out of with respect to their liability arising the ownership, maintenance or use of out of: that specific part of the land leased to you and subject to the following (1) Their financial control of you, or additional exclusions: (2) Premises they own, maintain or This insurance does not apply to: control while you lease or occupy these premises. (1) Any "occurrence" which takes place after you cease to lease This insurance does not apply to that land; or structural alterations, new construc- tion and demolition operations (2) Structural alterations, new con- performed by or for such additional struction or demolition operations insured. performed by or on behalf of such additional insured. c. Managers or Lessors of Premises f. Co-owner of Insured Premises A manager or lessor of premises but only with respect to liability arising out A co-owner of a premises co-owned of the ownership, maintenance or use by you and covered under this of that specific part of the premises insurance but only with respect to the leased to you and subject to the co-owners liability as co-owner of following additional exclusions: such premises. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or ANIC GL 1187 08 21 Page 2 of 7 Alaska National INSURANCE COMPANY g. Lessor of Equipment Such person(s) or organization(s) is an additional insured only with Any person or organization from respect to liability for "bodily injury", whom you lease equipment. Such "property damage" or "personal and person or organization is an advertising injury" caused, in whole or additional insured only with respect to in part, by: their liability for "bodily injury", "property damage" or "personal and a. Your acts or omissions; or Advertising injury' caused, in whole or in part, by your maintenance, oper- b. The acts or omissions of ation or use of equipment leased to those acting on your behalf; you by such person or organization. or A person's or organization's status as an additional insured under this c. "Your Work" performed for endorsement ends when their written the additional insured contract or written agreement with described in Paragraph 1. or you for such leased equipment ends. 2. above and included in the "products-completed With respect to the insurance operations hazard." afforded these additional insureds, the following additional exclusions In the performance of your ongoing apply: operations or completed operations for the additional insured described in This insurance does not apply: Paragraph 1. or 2. above. (1) To any "occurrence" which takes However, the insurance afforded to place after the equipment lease such additional insured described expires; or above: (2) To "bodily injury", "property a. Only applies to the extent damage", or "personal and permitted bylaw; and advertising injury" arising out of the sole negligence of such b. Will not be broader than that additional insured. which you are required by the contract or agreement to h. Owners, Lessees or Contractors — provide for such additional Ongoing Operations and insured. Completed Operations 3. With respect to the insurance 1. Any person or organization for afforded to these additional whom you are performing insureds, the following additional operations or have performed exclusions apply: operations when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or 1. "Bodily injury", "property organization be added as an damage" or "personal and additional insured on your policy; advertising injury" arising out and of the rendering of, or the failure to render, any 2. Any other person or organization professional architectural, you are required to add as an engineering or surveying additional insured under the services, including: contract or agreement described in Paragraph 1. above. ANIC GL 1187 08 21 Page 3 of 7 Alaska National INSURANCE COMPANY a. The preparing, Section III - Limits of Insurance, the following is approving, or failing to added: prepare or approve, maps, shop drawings, With respect to the insurance afforded to the opinions, reports, additional insureds described in Paragraphs a. surveys, field orders, through h. above, the most we will pay on behalf change orders or of such additional insured is the amount of drawings and specifica- insurance: tions; or (1) Required by the contract or b. Supervisory, inspection, agreement; or architectural or engineering activities. (2) Available under the applicable Limits of Insurance shown in the This exclusion applies even if Declarations; the claims against any insured allege negligence or whichever is less. other wrongdoing in the supervision, hiring, employ- This provision shall not increase the applicable ment, training or monitoring Limits of Insurance shown in the Declaration. of others by that insured, if the "occurrence" which 2. Damage To Premises Rented to You caused the "bodily injury" or "property damage", or the SECTION III — LIMITS OF INSURANCE, offense which caused the Paragraph 6. is replaced by the following: "personal and advertising injury", involved the rendering 6. Subject to Paragraph 5. above, the of, or the failure to render, Damage to Premises Rented to You Limit any professional is the most we will pay under Coverage A architectural, engineering or for damages because of "property surveying services. damage" to any one premises, while rented to you, or in the case of damage Primary And Noncontributory Insurance by fire, while rented to you or temporarily occupied by you with permission of the The following is added to the Other Insurance owner. Condition and supersedes any provision to the contrary: If a limit is shown for Damage to Premises Rented to You the most we will pay under This insurance is primary to and will not seek Coverage A for damages because or "property contribution from any other insurance available to damage" to any one premises is the Limit shown an additional insured under your policy provided in the Declarations or $500,000, whichever is that: greater. (1) The additional insured is a 3. MEDICAL PAYMENTS Named Insured under such other insurance; and A. Section III — Limits of Insurance, Paragraph 7. is replaced by the following: (2) You have agreed in writing in a contract or agreement that this 7. Subject to Paragraph 5. above the insurance would be primary and Medical Expense Limit is the most we will would not seek contribution from pay under Coverage C for all medical any other insurance available to expenses because of "bodily injury' the additional insured. sustained by any one person. ANIC GL 1187 08 21 Page 4 of 7 JV Alaska National INSURANCE COMPANY If a limit is shown for Medical Expense in 5. SUPPLEMENTARY PAYMENTS the Declarations the most we will pay under Coverage C for all medical A. Under Section I -Supplementary Payments expenses because of "bodily injury' - Coverage A and B, Paragraph 1.b., the sustained by any one person is the Limit limit of $250 shown for the cost of bail bonds shown in the Declarations or $15,000, is replaced by$10,000; whichever is greater. B. In Paragraph 1.d., the limit of$250 shown for B. This provision 5. (Medical Payments) does daily loss of earnings is replaced by$500. not apply if Section I - Coverage C Medical Payments is excluded either by the 6. NEWLY FORMED OR ACQUIRED provisions of the Coverage Part or by ORGANIZATIONS endorsement. Paragraph 3.a. of Section II -Who Is An Insured C. Paragraph 1.a.(3)(b) of Section I - Coverage is deleted and replaced by the following: C - Medical Payments, is replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next (b) The expenses are incurred anniversary of this policy's effective date after you and reported to us within acquire or form the organization, whichever is three years of the date of the earlier. accident; and 7. LIBERALIZATION CLAUSE 4. NON-OWNED WATERCRAFT If we adopt a change in our forms or rules which A. If endorsement CG 21 09, CG 21 10, CG 24 would broaden coverage for contractors under 50, or CG 24 51 is attached to the policy, this endorsement without an additional premium Paragraph A. 2. g. (2) (b) is replaced by the charge, your policy will automatically provide the following: additional coverages as of the date the revision is effective in your state. (b) A watercraft that you do not own that is: 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (i) Less than 50 feet long: and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (ii) Not being used to carry Representations is replaced by the following: persons or property for a charge. 6. Representations B. If Paragraph A. does not apply, Paragraph g. By accepting this policy, you agree: (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY a. The statements in the Declarations are INJURY AND PROPERTY DAMAGE accurate and complete; LIABILITY is replaced by the following: b. Those statements are based upon (2) A watercraft that you do not own representations you made to us; and that is: c. We have issued this policy in reliance (a) Less than 50 feet long; and upon your representations. (b) Not being used to carry persons or property for a charge. ANIC GL 1187 08 21 Page 5 of 7 JV Alaska National INSURANCE COMPANY The unintentional omission of, or (4) A manager, if you are a limited unintentional error in, any information you liability company. provided to us which we relied upon in issuing this policy will not prejudice your 11. EXPANDED BODILY INJURY rights under this insurance. However, this provision does not affect our right to collect Section V - Definitions, the definition of "bodily additional premium or to exercise our rights of injury" is changed to read: cancellation or nonrenewal in accordance with applicable laws and regulations. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, 9. NOTICE OF OCCURRENCE humiliation, shock, mental anguish or mental injury by that person at any time which results as The following is added to Paragraph 2. of Section a consequence of the bodily injury, sickness or IV - Commercial General Liability Conditions - disease. Duties In The Event of Occurrence, Offense, Claim or Suit: 12. EXPECTED OR INTENDED INJURY Your rights under this Coverage Part will not be Exclusion a. of Section I - Coverage A - Bodily prejudiced if you fail to give us notice of an Injury and Property Damage Liability is "occurrence", offense, claim or "suit" and that replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not a. "Bodily injury" or "property damage" covered under this Coverage Part. However, you expected or intended from the shall give written notice of this "occurrence", standpoint of the insured. This offense, claim or "suit" to us as soon as you are exclusion does not apply to "bodily aware that this insurance may apply to such injury" or "property damage" resulting "occurrence", offense, claim or"suit." from the use of reasonable force to protect persons or property. 10. BROAD KNOWLEDGE OF OCCURRENCE 13. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - The Transfer Of Rights Of Recovery Against Duties in The Event of Occurrence, Offense, Others To Us Condition (Section IV - Claim or Suit: Commercial General Liability Conditions) is amended by the addition of the following: You must give us or our authorized representative notice of an "occurrence", offense, claim, or "suit" We waive any right of recovery against any only when the "occurrence", offense, claim or person or organization, because of any payment "suit' is known to: we make under this Coverage Part, to whom the insured has waived its right of recovery in a (1) You, if you are an individual; written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) A partner, if you are a waived its right of recovery against such person partnership; or organization prior to loss. (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or ANIC GL 1187 08 21 Page 6 of 7 JV Alaska National INSURANCE COMPANY 14. IN REM ACTIONS For the purpose of this coverage only, Section I — Coverage A — Bodily Injury and Property Any action in rem against any vessel owned, Damage Liability 2. Exclusions J. (4.) is operated by or for, or chartered by or for you will deleted. be treated in the same manner as though the action were in personam against you. As respects coverage afforded under Voluntary Property Damage, the following is added to 15. VOLUNTARY PROPERTY DAMAGE Section III— Limits of Insurance: The following is added, Section I—Coverage A— Regardless of the number of insureds, claims or Bodily Injury and Property Damage Liability 1., "suits" brought, or persons or organizations Insuring Agreement: making claims or bringing "suits": We will pay, at your request, for "property 1. Subject to 2. Below, the most we will pay for damage" to property of others while in the care, "property damage" arising from any one custody or control of an insured, arising out of "occurrence" arising out of "property damage your business operations away from your to property of others caused by you and while insured premises for which this policy is written in your care, custody or control is$5,000. and occurring during the policy period. 2. The most we will pay for the sum of all However, the "property damage" must be the "property damage" in an annual policy period result of unintentional damage or destruction but is $10,000. This amount is part of and not in does not include disappearance, theft, or loss of addition to the General Aggregate Limit use. described in Paragraph 2. of Section III — Limits of Insurance. You agree with us that we shall have no duty to defend any claims and/or "suits" for which the only coverage provided is under this coverage extension. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 10 Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 08 21 Page 7 of 7