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2025-038 Contract - Dietrich Construction LLC
CITY OF ASHLAND PART II - PUBLIC IMPROVEMENT CONTRACT FOR EAST AND WEST FORKS PROJECT - BRIDGE REPLACEMENT PROJECT NO.2021-13b This Public Improvement Contract (hereinafter "Contract") is entered into by and between the CITY OF ASHLAND, an Oregon munici al corporation (hereinafter "City"), and Dietrich Construction Me (hereinafter "Contractor"). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually covenant and agree as follows: 1. PROJECT MANAGER: The City's Project Manager for this Contract is: Jason Strait, Project Manager 2. WORK: 2.1. The Work under this Contract is for the East and West Forks Proiect Bridge Replacement Proiect 2018-10a more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. 2.2. Contractor shall, at its own risk and expense, perform the Work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the Work, that is, the construction of the East and West Forks Proiect Bridge Replacement Proiect 2018-1Oa. Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees, and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City. 0 3. EFFECTIVE DATE, DURATION AND CONTRACT TIME: 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 May 31", 2026 after which date liquidated damages shall apply. As outlined in the Bid, the Contractor agrees to initiate and complete this Contract under the following terms: • The work shall commence within 30 days after the City issues a written Notice to Proceed (NTP) physically or electronically. • Physical site work shall not begin until the end of the 2025 fire season • The work shall be completed in all respects no later than December 3 Pt, 2025, according to the "final completion" terms as outlined in Exhibit A, Section 22(b). • Liquidated damages shall be $500 per day for each and every day that exceeds December 315t 2025 or the final adjusted contract time. This amount is a genuine pre -estimation of the damages expected because of delay in the completion of this Project. 4. CONSIDERATION 4.1. City agrees to pay Contractor at the times and in the manner provided in the Contract Documents, the sum of $356,780.00 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. 23 5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified or provided in the project bid documents especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the project bid documents, especially with respect to Technical Data in such reports and drawings. 5.5. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. 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. 5.10. Contractor represents it has the proper asbestos certifications to complete the floor removal part of the project. 6. Governing Law The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. 24 Ir CONTRAC WR DATA, CERTIFICATION, AND SIGNA"I'VRE 7- fllusincas Name (please prjnt); mmwC1-44 Ct-1 1111onc-_15!1J..4 -7 q' 3Z5 I Fax: Address PQ CILq g-KZ "Vol R'rile Federal and.%ite 14v 11) NUmbers on this, Agreemeow - Ont, coPy, of PY-9 is o be 'vUbmitted with the signed contrucl, to he AxIyO on -file in Me (,', il,.'v Department Ash kuid Busi ness L ic ense It? Construction Contruclr ws fioardi C"itizenship, Nonresident afien; yes No Business Lksignation (check rrne):! r kidiv"ua' le Proprietorship Parinvi-ship _ Corporation -.— — Governrnent/Nonprofit The above intbrmation must be provided prior to contract approval. Payment infornution, will be rcported to the Interrial Revenue Svrviee (IRS)i tinder the name and taxpayer 1.1), jiurnhcr provided above, (See IRS 1099 for additionalinstructions reparding taxpaycr ID number.s.) Information not nuwhinF IRS records could subjectyarn, ter ,31 pereent backUp withholding. L the wideriigned, understand that the Standardtertris and Conditions Fur Public Improvenient Contraets (Exhibit A) together with Exhihits R through N tugellier witb all officr Contract Mr unnents as described in Standard Ternis and Conditions Section 5 and the separately hound Oregon 202Statidard Specificalir-)ns 16t Con"itruction! as amended in Exhibit A4 are an integral part of this contract and agree Lo perform the Nvork described inthe Contract Documents, including Exhibit A, in accordance with the lerms and conditions of this contract, I fiwtfujr understand the City is prohibited firorn entering 'srl(o 41 contract when the contmetor has nepJccted (.,sr refitsed to file any IVUM, p,,,iy any tax, or pro,P cMy ontest a uax,pursuant to OR 305.3,85, f , hereby ccrfil, under penalty ofpetjUry kind fillse sweariing, that Piny business ainOss not in vielation Ot, any Oregon! tax laws, I further cerflt, that flie certification vind representations in Standard Tenii and Condition P 16 JCCB Registratix'm Requiminerills'll are true and correct, and f1wher 1, cerfit"y that I array an independent contraoor as dofined in ORS, 6X600 CONTR.WrOR: Rrinted nan)e w NOTA" E TO CONTMOY"M: Pits Contract docv Pmol bind the "icy qfAshland unless tvid unfil it hcis been cµvecjvted kv, lite 1"uhlic CopltrocV 11 fig (" Ylice 0, Or designtv, CTFVOF ASULAND SIGNATURE' Ulm O�y Manager, Oty of Ashlatid 5/28/25 All"ACHM101"S: C'erflficale orKepreselklmion Bld SdiWulc ExNbits A throug !h N SN,ci6 Provisions h; CERTIFICATE O�F REPROWNTA11ON Contractw, under penalty ofperjury, cedifics 010C (a) Pw nunrbersfi(,wOn this f6rm i�s, i1scorrect taxpayer ID (or k, waiting for lhe nuniber to lie issued to it), and (b) Contractor is riot subject to backup withholding because (d) it has not fwn notiried by the 111jertuil Revienue Service (URS) 111hal 'it us suh�jcct to haclu,w withholding, as, a result ofa failure to repoll all iintere:sa or dividends, or (Hi)thc IRS, has notified it thw it is no longics, ubf ect to backup wkhh(.,)1ding,, ('(wit;uCtor furtho' warrants J(i CiiYL that ("I"t it fras the power luld 31111106h, w enter hito and pvrFkwTn l4wo wark, Ch�l the Contract, whell ex"LAcid and dulivervd, shi,,W lie a valid and binding obfigatkwu of (.',()rrjractor enfurceahlo maccordance two th its tenlis, alld (c) I'he work underthc Contract shall be pufl'ormed in accordarjcv with the highest prw,Aesslonal stanthird-s, and (d) Contramr, is, qualified. profc%sionafly comivim and duly licemwd jo pertbrin trite wwurk. Contractor aks,o certifies, under pemilty cif ;wjury ihat its bus�'riCS!s j,'; jjr �)t fil J,riolatiora (,4 any Oregon turd f.arwww ,and f1 is as corponation authorized to 00 on lxhalf of the vritity designated above luid rauthohmd tc, Llo f'fu&lncss m Oregon or is an indeperident contraclig 4,it3 rfntflncd in the contract lJocuments. and 11,11S checked four or more ofthe fofio,ing critmix (I) I crjrr a s y out the labor or Services �,lt a from ni,,� reskfumcc co is, in specific ponion of my residwicc, set -wsittc as the location of the busine�% (2) ( '(,wmmcrcial advertisingor busirwss caruds,, ew a trade as9miation membersbil'rare purchased ror flic bwsincss Telephom, fiming" k ktscd for the bus�ncss separate fi'Ortl 011 ]VI'S0111fil PeSidl!JlCe fiStit), -(,�(4) Labor orr wcrvices mie perfixmied onI.Y pursuaill to written cootracts. (5) LaNn or Wwlces aTe Porrormed for twt,,i� or inure different persons within a pedc�d of one year. L�f6) I assume financial respi'msibifity for cief6oive worktu,zmship or fcirscrvncc not provided its evidenced by the ownurAflp of petforniance bonds, warranties, mors m!id onflSsion insuramc or liability insurmice relating to the fiabor or services to tw provided,, J> Q)I?l 444' ------------- Date w PART III - EXHIBITS 28 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. 29 4. Successors in Interest The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First -Tier Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans, Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing e (BOLT) if aplicable AND any other separately bound reference Oregon 2021 Standard Specifications for Construction and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, or otherwise available from the City, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug -testing program in place for all its employees that includes, at a minimum, the following: I. A written employee drug -testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug -testing program that meets the above requirements will be deemed a "Qualifying Employee Drug -testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug -testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection (d) below. Further, the City's performance obligation (which includes, 30 without limitation, the City's obligation to make payment) is contingent on Contractor's compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug -testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug -testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug -testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the Contract has been executed and the Performance Bond, Payment Bond, and all required insurance documents approved. Notice To Proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within ten (10) days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 31 10. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a), (b), or (c), the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section 11(b). 13. Access to Records Contractor shall maintain, and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making 32 audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Pre-existing trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws. 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this Contract, including without limitation ORS Chapter 279A, ORS Chapter 279B, ORS Chapter 279C, ORS 279C.500 through 279C.670, and specifically ORS 279A.120(3), ORS 279C.515, ORS 279C.520, ORS 279C.530, ORS 279C.830 and ORS 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, ORS 279C.365(4), and ORS 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first -tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, ORS 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (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. 33 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor, subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and federal wage rate schedule, if applicable, 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 apublic 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 mustprovide 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 34 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. 18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type font and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co -partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 35 (2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [ORS 279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [ORS 279C.550] Moneys retained by a contracting agency under ORS 279C.570(7) shall either be: (a) retained in a fund by the City and paid to the 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 abond 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] 36 21. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half 37 percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of. (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted, or progress or other payments allowed until the Proj ect 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 SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or aportion 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. 38 When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. 39 If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment; however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders / Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first -tier subcontractor, including a material supplier, for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first -tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first -tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first -tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first -tier subcontractor did not make payment when payment was due is that the contractor or first -tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and 40 B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first -tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower -tier subcontractor or supplier. [279C.580(4)] C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first -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. 41 Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage Notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (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 $500 per day for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre -estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 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 42 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 retentions, 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. 43 The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One -Year Warranty In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a Juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of 44 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.5I0(I) & (2)] 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 45 Department of Oregon Occupational Safety & Health Division Energy Department of Environmental Quality Department of Fish and Wildlife Department of Forestry Department of Geology and Mineral Industries Department of Human Resources Department of Land Conservation and Development Commission Parks and Recreation Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department Local Agencies: City of Ashland City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the proj ect 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 46 the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may: (a) Terminate the contract; (b) Complete the work itself, (c) Use non -City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection (a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents. 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 47 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Contract without undue delays and without additional cost. 36. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 37. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. 38. Business License The Contractor shall obtain a City of Ashland business license as required by City ordinance prior to beginning work under this Contract. The Contractor shall provide a business license number in the space provided in this contract. 39. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Jason Strait — Pro] ect Manager Public Works 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. 48 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. 49 EXHIBIT B: COMPLIANCE WITH IMPROVEMENT CONTRACT LAW APPLICABLE PUBLIC This exhibit references the requirements for public contracting as set forth in ORS 279C.360 through and including ORS 279C.800 which are available online at www.leg.state.or.us/ors 50 EXHIBIT C: PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than ❑ $1,000,000 or ® $2,000,000 for each occurrence of bodily injury, personal injury and property damage and $3,000,000 in the aggregate. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per -project basis. ® Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than ❑ $1,000,000 or ® $2,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non -owned vehicles. "Symbol One" coverage shall be designated. ® Required by City ❑ Not required by City ❑ Builders Risk (Check here 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, the Ashland City Council and RH2 Engineering 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, the Ashland City Council and RH2 engineering 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 Im provided to the City. Contractor shall be responsible for all deductibles, self -insured retentions, and/or self- insurance. Ix EXHIBIT D;1, CERTIII CA14ON STATEMEN"I'VOR CORPORATION OR INDEPENDENT CONTRAC"IFOR CORPORATION Ct(RTIFICATION: I am authorized to act on befialf of the mitt named below and cerQy under peratity, (,-ff per ury that it is as U)MMUti011, W"AM Signal urc Date lmdependent (.7ontractur Standards,. As used in variciris provisiom of 0 R-S Chapters includint, but not lirnited to 316, 656, 657, and 7(P, an hvJividual or bUsiness entity thal jvrforms labor or semices for renuineration shall bV Collsicicrvd Lo jvrlbrn) the labor or servic,es as rani "IndefwMent contractor" if1he standartis of'OKS 670,600 arc rna Contractor mail Project Manager certirles that the Contractor wreets the following standards: I contawtor is I?": from direction and vomrk,0 over Ifie means and, inanner, of providing the labor or services. suject (mly to the speciricadtnis cWffie desired results, 2, Comractor is responsible Cor obtaining afl assumed busims rq)i 51ral ions or prolessional occupation fioenws reqtdreil by sume Raw or local of-bnances. 1, Contractor furnishes the tools or equipment neccssarfor the contracted labor or services. 4 " Contractor mils lhvatilhority, to hit v oml firc to, perfi)rrn the laboror ser,vices, 5, Payrroerit o") the (11 ontractor is made upon completion ofthc performance or Is made (,)n tile basis of as periodic retainer, 6, C:ojitraj0iir is, reg ,i,merert umder ORS, chapter 701 if the Contractor provides labor o,rservices for which ,!istratifm k required. T Comractor fins riled federat and state income lax returns in the name crap" the busirwss or a birsiness Schedule (" as pail of the personal incorne tax r0orit, for the previous year, Jbr labor or scrv,gwi pertim,med as an indeptndent contractiar in the previous year, 9t, Contractor represeris to the pub6c thiat the Jaiw)r or services are to be provided by an independently oslablished Ina,aslntwss ZIS ['OUT Or ITTOW Of 01C bflowing circianstancles exist. (Check l'our or more o POW fbIkKOR91 The ip,6or or servict:s are primarily carried out at at location that ipaTate la` arrt Conlraicfor'�i residence or is pritriahly carried out in, a specific pomion or("OntractoTs residerim NOik,h is scmide as flint location of the businoss. B, (,.ormnervial advertising ot business cards are purchased for the bushiess, im Contractor has at tnWe assmialion membership, 1'clephone listing k used for the lwiness, that is sepanate ftom the pensonal residCrice flsthl, J,aNm, orservices arc perf"brined o0y ptzskjarvt to written contracts, Caber cw services are pewformed t6r two (,,ir rnore afifferem persons, within a perii-Ai ofmic year. contractor assornes financial rcspoii'siNfit y for dcrMivc workmanship or ror scrvice, not t)ravidecl as evidenced hIN" the oNvrx,,,rs1iip of ped"ornizove bt,'mids, vrrrors and omission insurance or fiahiliq, insurance relating to the labor or servicts trr be provid",t, if any action, is taken by a person or enforcernent agency reljfio�;' ttw Contractor's indereran eeat. contractor status in Connection with thiontract, Contractor shall defend, hold harmless mind bjdemnily the CITY of ASHLAND, Its elected am'd appointed officials, employces, voluntcers, anti agents fron] any such Action, claim"l, judgin't."I, One, penalty, or order to pay, Contractor shall pnanly ad(litional costs incurred by the City In dekinding such action or incurred as as result ol'smeh action. This Indentnification is in addition to any indernuffiration otherwise in this agreement. ................ -- . . ...... . .......... Contractor Signmure Date ............. Projecl Marulge'T Signature ME 54 EXHIBIT E: BONDS (BID, PERFORMANCE, PAYMENT) 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 East and West Forks Project — Bridge Replacement, Project 2018-10a 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 1 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. W Performance Bond The undersigned as principal, further referred to in this bond as Contractor, and as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated for the following project: East and West Forks Project —Bridge Replacement, Project 2018-10a. 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: 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. 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. Surety waives notice of modification of the Contract or extension of the Contract time. Nonpayment of the bond premium shall not invalidate this bond. 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 56 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 57 Payment Bond The undersigned as principal, further referred to in this bond as Contractor, and , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated for the following project: East and West Forks Project —Bridge Replacement, Project 2018-10a. 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. 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 58 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 59 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION CITY'S ProjectNo. ProjectNo. N/A Project: CONTRACTOR Contract For 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: 60 Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall be as follows: Security ■ City ❑ Contractor Operation ■ City ❑ Contractor Safety ■ City ❑ Contractor Maintenance ■ City ❑ Contractor Heat (NA) ■ City ❑ Contractor Utilities ■ City ❑ Contractor Insurance ■ City ❑ Contractor Warranties ❑ City ■ Contractor Other Responsibilities: City Contractor This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. CONTRACTOR accepts this Certificate of Substantial Completion on: L-03 CITY accepts this Certificate of Substantial Completion on: L-02 CITY of ASHLAND File: 61 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: Title: Date: 62 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 63 EXHIBIT I: CERTIFICATE OF FINAL COMPLETION Project: Contractor: Contract Signed: Contract Completed: Pro] ect Number: Contract Expires: 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 Project Manager CITY of ASHLAND Title Date Date 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. 64 EXHIBIT J: ADDITIONAL INSTRUCTIONS TO BIDDERS The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. BID PROVISIONS a. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON -RESPONSIVE AND SHALL BE REJECTED. All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: A. Executed a formal contract; B. Executed and delivered to the City a 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 65 failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed. 2. FORM OF BID A. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the 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 B. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected. C. Bidders shall state whether business is being done as an individual, a co -partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co -partnership, state names of all partners. The person signing on behalf of a corporation, a co -partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. 3. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Pro] ect 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 66 the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT BIND THE CITY. 4. EXAMINATION OF CONTRACT, SITE OF WORKAND SUBSURFACE DATA A. Logs of test holes, test pits, soils reports, ground -water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. B. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the Invitation to Bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these Bid Documents. C. Notice: It is further understood that a Bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in termination of the Contract. 5. 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. 6. UNIT BIDS A. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. B. Bidders must include in their bid prices the entire cost of each item of work set forth in the Bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. 67 C. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read "In Place." 7. 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. 8. 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; (ii) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (iii) Acknowledge receipt of an Addendum to the Solicitation Document, provided: it is clear on the face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. 68 (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). 9. REJECTION OF BIDS a. The City may reject any Bid upon a finding that the Bid meets the criteria specified in OAR 137- 049-0440(1)(a) or (b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049- 69 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. 10. 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. 11. 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. 70 EXHIBIT K: NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS CITY OF ASHLAND Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OF NON-DISCRIMINATION It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms, or conditions shall apply. 2. DISCRIMINATION BECA USE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. 3. DISCRIMINATION BECA USE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which restricts or limits access to such on a basis of sex where: A. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative regulation; or B. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 71 4. DISCRIMINATION BECA USE OF DISABILITY With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: 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. DISCRIMINATION BECA USE 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, bylaw 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 72 B. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws, ordinances, and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition, judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: A. Where two separate legal definitions or interpretations may apply in a given situation, the one according the greatest degree of protection to the person entitled to their protection shall govern. B. "Disability" and "handicap" are intended to be synonymous. C. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor, and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act, policy, or practice. The Contractor must, at his own risk and expense, comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts, policies, or practices. 7. ADVERTISING AND PROMOTIONAL MATERIAL 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: 73 "This (program or service as applicable) is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further information about this equal opportunity policy, contact (name of contractor's representative) at (phone number) . 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise, the Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved person, be cause for termination of the Contract, debarment from participation in future City of Ashland contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action", in general, means taking positive and affirmative steps to involve historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority -owned businesses, etc. If there are such additional requirements beyond this policy, the Invitation for Bids will state: "This project is funded in whole or in part through (name of agency. Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them carefully in preparing their bids." 74 EXHIBIT L: RESPONSIBLE BIDDER DETERMINATION FORM This form is to be completed and submitted by the City to the CCB (ORS 279C.375). It is included in the solicitation documents for Bidders' information only Project Name: Pro] ect Number: Bid Number: Business Entity (Bidder): CCB License Number: Form Submitted By (Contracting Agency): Form Submitted By (Contracting Agency Representative): Title: Date: The contracting agency has (check all of the following): ❑ Checked the list created by the Construction Contractors Board under ORS 701.227 for Bidders who are not qualified to hold a public improvement contract. ❑ Determined whether the Bidder has met the standards of responsibility. In so doing, the contracting agency has found that the Bidder demonstrated that the Bidder: ❑ Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. ❑ Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract. ❑ Is covered by liability insurance and other insurance in amounts required in the solicitation documents. ❑ Qualifies as a carrier -insured employer or a self -insured employer under ORS 656.407 or has elected coverage under ORS 656.128. ❑ Has disclosed the Bidder's first -tier subcontractors in accordance with ORS 279C.370. ❑ Has a satisfactory record of performance. ❑ Has a satisfactory record of integrity. ❑ Is legally qualified to contract with the contracting agency. ❑ Has supplied all necessary information in connection with the inquiry concerning responsibility. ❑ Determined the Bidder to be (check one of the following): ❑ Responsible under ORS 279C.375 (3)(a) and (b). ❑ Not responsible under ORS 279C.375 (3)(a) and (b) 75 EXHIBIT M: TECHNICAL SPECIFICATIONS The following constitute the Special Provisions and amend the Oregon Standard Specifications for Construction, 2021 edition, as published by the Oregon Department of Transportation and American Public Works Association, Oregon Chapter (Standard Specifications). The Special Provisions and the Standard Specifications together comprise the Specifications. Order of Precedence: In case of conflict between the General Conditions (Part 00199 of the Oregon Standard Specifications for Construction) including modifications shown below and other portions of this ITB, other portions of this ITB take precedence. 76 SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be encountered - Add the following table: Requests for clarifications specified above should go to: Contractual Questions to: Technical Questions to: Jason Strait P.E. Senior Project Manager City of Ashland 20 E. Main Street (mailing) 51 Winburn Way (physical) Ashland, OR 97520 (541) 552-2419 Tyler Duncan, P.E. Project Engineer RH2 Engineering 3553Arrowhead Dr. Suite 200 Medford, OR 97504 (425) 471-8625 SECTION 00150 — CONTROL OF WORK 00150.50 Cooperation with Utilities - Add the following subsection: (f) Utility Information - The following organizations own Utilities within the limits of the Project. Contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction. Utilitv Company Phone Number • City of Ashland Water Department......................................................... (541) 488-5353 SECTION 00165 - QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications modified as follows: 00165.00 General — Add the following paragraph at the end of the subsection: Materials testing will be coordinated and paid for solely by the Contractor. All materials sampling and testing shall be completed by a materials testing laboratory that is unaffiliated with and entirely independent of the Contractor. The Engineer may investigate at any time the relationship between the materials testing laboratory and the Contractor, and if, in the opinion of the Engineer the materials testing laboratory is not entirely independent of the Contractor, the Engineer may require that a different materials testing laboratory be used. Additionally, if in the opinion of the Engineer, sampling and testing is not being objectively performed by the materials testing laboratory, the Engineer has the authority to reject testing results on the basis that sampling and/or testing was not objectively performed. SECTION 00180 - PROSECUTION AND PROGRESS 00180.40(b) On -Site Work - Add the following paragraph to the end of this subsection: Following issuance of Notice to Proceed, the Agency may suspend the work according to 00180.70 for reasons considered by the Agency to be in the public interest. In the event that such suspension causes the Contractor to delay the start of on -site work, one day will be added to the Contract Time set forth in section 22 of the ITB for each day the Contractor is delayed. G,n 1 conditions SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS Comply with Section 00199 of the Standard Specifications modified as follows: 00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies - Replace this subsection with the following: 00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies — The Agency intends to resolve all claims at the lowest possible administrative level. If the Engineer denies the claim for additional compensation or a combination of additional compensation and Contract Time, in full or in part, according to 00199.40(a), the Contractor may proceed to Litigation. The disputed claim for additional compensation or a combination of additional compensation and Contract Time may then be resolved, in full or in part, at the Litigation step of the procedure as specified in (b) of this Subsection. If the Engineer has denied a claim, in full or in part, for Contract Time only according to 00180.80, or has denied a claim, in full or in part, for correction of final compensation according to 00195.95, those disputed claims may then be resolved, in full or in part, at the Litigation step of the claim procedure as specified in (b) of this Subsection. For all claims, all of the actions under each step of the process shall occur before the claim can be advanced to the next higher step. 00199.40(a) Decision by the Engineer - Delete the last sentence in this Subsection, which begins "If the Contractor does not accept..." 00199.40(b) Step 1: Region Level Review - Delete this subsection in its entirety. 00199.40(c) Step 2: Agency Level Review - Delete this subsection in its entirety. 00199.40(d) Step 3: Arbitration, Claims Review Board - Delete this subsection in its entirety. 00199.40(e) Step 4: Litigation - Replace this section with the following: 00199.40(b) Litigation - The Contractor must follow each step in order, and exhaust all available administrative remedies before resorting to litigation. Lawsuits must be properly filed in a court of competent jurisdiction within six months from the date of the final decision that exhausted the Contractor's available administrative remedies under this Section 00199. In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as well as any documents referenced or incorporated therein by reference, shall be admissible for the purpose of Contract interpretation. The Contract shall not be construed against either party regardless of which party drafted it. Other than as modified by the Contract, the applicable rules of contract construction and evidence shall apply. This Contract shall be governed by and construed according to the laws of the State of Oregon without regard to principles of conflict of laws. Any dispute between the City of Ashland and the Contractor that arises from or relates to this Contract and that is not resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon in Jackson County; provided, however, if a dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Subsection be construed as a waiver by the City of Ashland on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. THIS PAGE INTENTIONALLY LEFT BLANK TEMPORARY FEATURES AND APPURTENANCES SECTION 00210 — MOBILIZATION Comply with Section 00210 of the Standard Specifications supplemented and/or modified as follows: 00210.40 Mobilization — Delete the fourth bulleted item in this Subsection. 00210.90 Payment — Delete the last paragraph in this subsection. SECTION 00221 — COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL Comply with Section 00221 of the Standard Specifications supplemented and/or modified as follows: 00221.06 Traffic Control Plan - Replace this Subsection, except for the subsection number and title, with the following: Submit the following, for approval, five calendar days prior to the preconstruction conference: (a) Contractor TCP —Provide unstamped working drawings according to 00150.35 that include the following: • Planned access road closures and schedule. • Proposed TCP showing all TCM and quantities of TCD. • Proposed order and duration of the TCM. If additional modifications are made to the Contractor's TCP, submit working drawings, according to 00221.06(a), at least 14 Calendar Days before the beginning of construction activities that require the TCP changes. Utilize method `B" for payment as described in 00225.90(b) Method `B" — Lump Sum Basis. SECTION 00280 — EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications supplemented and/or modified as follows: Utilize method "a" for measurement and payment as described in 00280.80(a) — Lump Sum Basis. 00280.90 Payment — Modify Pay Item (a) title from "Erosion Control" to "Erosion and Sediment Control". Add the following bullets to the list under "Item (a) includes:" • Furnishing, installing, maintaining, and removing all facilities for runoff and sediment control • Water used for non -chemical dust control Delete the last sentence in this Subsection which begins with "Water used for non -chemical dust control..." 00280.91 Payment — Delete this Subsection in its entirety. SECTION 00290 — ENVIRONMENTAL PROTECTION Comply with section 00290 of the Standard Specifications supplemented and/or modified as follows: 00290.20(c)(3)(d) Concrete and Masonry — Replace this subsection with the following: Concrete and masonry shall be disposed of off -site by the contractor. 00290.90 Payment — Add the following paragraph to the end of this subsection: Payment shall be made only if a bid item is provided in the Bid Schedule, otherwise, providing environmental protection is considered incidental to one or more bid items. SITEWORK SECTION 00305 — CONSTRUCTION SURVEY WORK Comply with Section 00305 of the Standard Specifications supplemented and/or modified as follows: Special Provisions Add the following and replace Chapter 1.5 and 1.6 of the Construction Surveying Manual for Contractors: 00305.01 Agency Responsibilities: • Provide copies of plans and specifications • Provide horizontal and vertical alignment data • Perform measurements and calculations for pay quantities 00305.02 Contractor Responsibilities: • Prior to beginning any work on the project conduct potholing as necessary or as specified in the plans. If utility elevations differ from the plan set substantial notify the engineer. • Establish initial horizontal and vertical control stations in the proximity of the Project. • Perform final "as constructed" measurements. "As constructed" measurements shall include horizontal location of above vehicle bridges, abutments, and wing walls. • Make calculations, field notes and survey drawings for the layout and control of the work as are necessary to construct the Project as specified. • Provide original or copies of notes, calculations and drawings as requested. • Preserve survey monuments and control stations as governed by applicable law. • Replace damaged monumentation. • Replace and augment control stations as necessary to control the Project. • Establish additional control stations as necessary to control the Project. • Set stakes to define construction centerline, centerline offsets, detour lines, or other lines necessary for control of the Project work. • Set stakes to define the work, that may include but is not limited to the following: o Roadways. o Vehicle bridges, abutments, and wing walls* o Earthwork features. o Environmental impact mitigation features, including sensitive areas and ordinary high-water mark. *This includes field verification of fit and functionality or as instructed by the Engineer. • Remove and dispose of all flagging, lath, stakes and other temporary staking material after the Project is completed. 00305.90 Payment — Add the following to the end of the second paragraph: Payment includes all temporary protection and direction of traffic measures including flaggers and signing necessary for the performance of the construction survey work. Add the following paragraphs after the fourth paragraph: The amount to be allowed for "Construction Survey Work" in the progress payments will not be in excess of the reasonable value of the surveying work performed under this specification as said reasonable value is estimated by the Engineer. Costs incurred as a result of survey errors will be borne by the Contractor. Such costs include price adjustments for failure to meet requirements of the construction specifications, repair or removal and replacement of deficient product, and over -run of material. SECTION 00310 — REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications. 00310.91 Lump Sum Basis — Delete this section. Special Provisions 00310.92 Separate Bid Item Basis — Add the following to the list of bid items: (i) Removal of Bridge ..........................................................Lump Sum 0) Removal of all Other Structures and Obstructions.......................................Lump Sum Add the following to the list of pay items: In item (i) insert a description for the bridge. Item 0) includes all removal Work done on a lump sum basis except as covered under Pay Items explicitly listed on the bid tab. SECTION 00320 — CLEARING AND GRUBBING Comply with Section 00320 of the Standard Specifications supplemented and/or modified as follows: 00320.40(b)(3) Vegetation and Materials to be Saved — Replace the first sentence with the following: Protect and preserve vegetation and materials to be saved as shown on the Plans, described in the Specifications, and/or as designated by the Engineer. 00320.80 Measurement — Delete the bullet point that begins with, "Area Basis". 00320.90 Payment — Replace this Subsection except for the Subsection number and title with the following: No separate or additional payment will be made for Clearing and Grubbing. Clearing and Grubbing shall be included with the Removal of all Other Structures and Obstructions bid item per Subsection 00310.92. SECTION 00330 — EARTHWORK Comply with Section 00330 of the Standard Specifications supplemented and/or modified as follows: 00330.03 Basis of Performance - Add the following paragraph to the end of this subsection: Perform all earthwork under this Section on the excavation basis per Subsection 00330.03(b). 00330.04 Sources of Borrow - Add the following paragraph to the end of this subsection: All borrow material shall be Contractor furnished per Subsection 00330.04(b). 00330.90 Payment — Replace this Subsection except for the Subsection number and title with the following: No separate or additional payment will be made for earthwork. Earthwork is incidental to one or more bid items. Onsite soil is very rocky, consisting of decomposed granite. The Contractor shall be aware of this fact and take it into consideration when preparing their bid. No separate or additional payment will be made for rock removal nor excavation. Rock removal and excavation is incidental to one or more bid items. BRIDGES SECTION 00501 — BRIDGE REMOVAL Comply with Section 00501 of the Standard Specifications supplemented and/or modified as follows: 00501.90 Payment — Replace this Subsection except for the Subsection number and title with the following: No separate or additional payment will be made for bridge removal. Bridge removal will be paid for under the Removal of Structures and Obstructions bid item as described in Subsection 00310. SECTION 00510 — STRUCTURE EXCAVATION AND BACKFILL Comply with Section 00510 of the Standard Specifications supplemented and/or modified as follows: 00510.90 Payment — Replace this Subsection except for the Subsection number and title with the following: Special Provisions No separate or additional payment will be made for structure excavation and backfill. Structure excavation and backfill is incidental to items paid for per Subsection 00551 — Precast Concrete Bridge. SECTION 00530 — STEEL REINFORCEMENT FOR CONCRETE Comply with Section 00530 of the Standard Specifications supplemented and/or modified as follows: 00530.90 Payment — Replace this Subsection except for the Subsection number and title with the following: No separate or additional payment will be made for steel reinforcement for concrete. Steel reinforcement for concrete is incidental to one or more bid items. SECTION 00551 — PRECAST CONCRETE BRIDGE Section 00551, which is not a Standard Specification, is included for this Project by Special Provision. Description 00551.00 Scope — This work consists of furnishing, fabricating, and erecting precast concrete bridge structures and associated wing walls as shown or specified. It includes miscellaneous work on bridges and structures such as connecting together precast bridge elements, placement of footings, abutment blocks, and wing walls; and all other work required to procure, transport, erect, and install a complete precast concrete bridge structure as shown on the plans and described in these specifications. 00551.02 Inclusion in Bid As part of the bid package, the Contractor shall include the qualifications of the precast bridge manufacturer. The qualifications shall meet, at a minimum, the following criteria: • Has been in business for a minimum of five (5) years. • Has performed a minimum of ten (10) similar installations • Shall provide a minimum of three (3) client references, which shall include, at a minimum, the following information, • Client name • Contact person name • Phone number of contact person 00551.03 Submittals — Submit the following: • Factory shop drawings that include overall dimensions of precast bridge elements • Concrete batch testing results • Manufacturer's guidelines for use and installation including any transportation or loading/unloading procedures Any Work done before review of the submittals shall be at the Contractor's risk. When material is ordered in advance, obtain approval before placing the order. Manufacturer 00551.10 Manufacturer — Precast concrete bridge shall be manufactured by Pacific Bridge & Construction, Inc or approved equal. Design 00551.20 Design — Refer to structural notes on the Plans for design criteria. 00551.21 Assembly and Installation — Bridge shall be assembled and installed in accordance with the bridge fabricator's installation instructions. Measurement 00551.80 Measurement — Measurement shall be made on the unit basis. Special Provisions Payment 00551.90 Payment — The accepted quantities of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement for the following items: Pay Item Unit of Measurement (a) Bridge ......................................................Lump Sum In item (a), the bridge name will be inserted in the blank. Item (a) includes all work necessary to procure, transport, and install (include any and all excavation work and backfill) all aspects of the precast concrete bridge. Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor, and Incidentals necessary to complete the Work as specified. SECTION 00641— AGGREGATE BASE AND SHOULDERS Comply with Section 00640 of the Standard Specifications supplemented and/or modified as follows: Delete the Measurement and Payment subsections in their entirety and replace with the following: Measurement 00641.80 Measurement — No measurement of quantities will be made for Work performed under this Section. Payment 00641.90 Payment —Work under this Subsection is incidental to one or more bid items. Special Provisions EXHIBIT N: DRAWINGS 77 CITY OF ASHLAND EAST AND WEST FORKS BRIDGE REPLACEMENTS C I T Y O IFASH LAN D PROJECT VICINITY MAP LEGENDS R��CCLER ,REE,�NaR, ,REE ILL --111 EIII ZZZZ:D:RAZWING INDEX 5MMMEl IT IIINLI "I CALL 48 HOURS BEFORE YOU DIG ONE CALL 1-800-332-2344 ATTENTION 1,11 ioN cETEI.TDO ERIu�sIRE lIT OI Hwo E15111111o.EOELOEN 11 ism REPORT SPILLS ATTENTION L11.REQuiRESTHaT saiuseEREaORTEO TO TIE Eoun INA-1- TIE EnEnatiu IRAI—E1EN.NR eu.111.2-11 SPRING 2025 SECTION AND DETAIL REFERENCES II GAGE NOR, INOT. HEP TRN,nNCON HHHTHEOETRLOH ECTIONLLOCATED. E NIGIEI »4-oR4'n.INGNIue RON1n� oET LOwGIN TELORRESUE,. 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LI 11-N IN I I I Ll, —1 IIIN SO 22 LIST I 5111LLI SI III 111 L,l 1111 1ILl 1111 1111 ILI 111 IIIAL LIIII 11- 11 AN I NIS 111 111111 11 11 111 1 "" ISaI . I . I I SI T'S hl INIL— I11DCl Kill DILI 1 -11101 (0111111 LINS 11 FORIF C-S. THE CONT—OR BHA L AN71CIP STE THAT SONiE EXCAKATION OF GRANITE BEDROCK AT VAIGUS SOICES OF DECCN—TION IALL BE R-SURED. RICK A I' '=GO 'AR A111 11 11—INAN'Ll 'REES C D . 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R Wg W� In X F, w m m EXISTING SITE PLAN,- EAST FORK CROSSING II�III •I •cull., j��'w�nnuuwn�" 66. i W O',N aE ETu _ o CC i. -- O 20 a e sse x Tacesa '�� >- E 1 ,, ENIE NT i ; A V ii< W No N. \ In 0T CE ere W O cc m a T 4 PROPOSED SITE PLAN - EAST FORK CROSSING - o EawooE ET Tz sPaN Fl AlIT1-11., T I PROPOSED BRIDGE PROFILE - EAST FORK CROSSING WEST BRIDGE Hr. rv., .eaua WEST BRIDGE o Ineuocic / ,s; aeurniErvr a Z ai' Izi �u' g2, W o L n�orvoe�.c< s a iuli _ �,... up V) Ilukl II a rca. J a 2 — r-o ao rva. -� — rva�-- 0 Z: lull >- [ I�� H WING WALL A — II un, cc �, n LU ;�, naum�Ervre— C7 � Yr `i vEs sr -a . ------ ao rvc WING WALL B OWED uuuuuuu ii e•rvv. "e IING 11L I� -� rvG-1I— L�(L)-rIRIIGI -EINr ° 1e1rid-r-11 OR � orvEa:orK 30 � ,4)lElDlGKEE n,orvont J rsrvP. 14-1IP. a3o'pl- a WEST BRIDGE ABUTMENT EAST BRIDGE ABUTMENT ,. i � . -EST BRIDGE eor11Ervr 500 10� PART 1- BID AND BID SCHEDULE NAME OF BIDDER 1) 1 C�'0-% e--P-A t,-r. CONTACT JMOC"eu- 1NAZ_1Q-1C-,X-J ADDRESS c Je-ci' CITY0Atd-r-, -STATE _ZIP _C1-,152F TELEPHONE NO. ki -7 � Z<) FAX NO. A,1 1A EMAIL ADDRE SS M, tu" I d 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 reasonably incidental to, the completion of all the work in connection with the East and West Forks Project - Bridge Replacement, Project 2018-10a (hereinafter "Project") for the City of Ashland, Oregon, as described in the contract documents, including the general conditions, all applicable special provisions, plans, specifications or any supplemental documents. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized itself with the nature and extent of tile Contract Documents, the project work, the site, the locality, the general nature of work to be performed by the City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. 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 (including without limitation utility interference) or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deerns 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 purposcs. 1 The undersigned has notified the City of any conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents. 4. A mandatory pre -bid meeting will be held. The meeting will start at the Community Development Building in Ashland (51 Winburn Way) at 9:00 AM on March 18th, 2025. The pre -bid meeting will travel 13 to both bridge locations. Please note that due to the bridges being out of service the pre -bid meeting will involve extensive walking. 5. 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 ininimuni requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: Demonstrated previous experience with a similar scope of work. Please see paragraph 6 below. G. As Pre -qualification the bidder shall submit a list of at least three (3) previous projects of a similar scope to that described in this Invitation to Bid as pail of their bid package. Determination of qualification based on the submitted information on previous projects is solely at the discretion of the City. 7. The deadline to file a written protest or request, pursuant tothe Instructions to Bidders to change contract terms, conditions or specifications is not less than ten (LO) calendar days prior to bid opening. Bid elosing may be extended by the City to consider a protest or request. 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. 9. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph I 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. 1O. 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: • Bonds as described in Exhibit E • Insurance as described in Exhibit C Certificates of Coverage for Workman Compensation and unemployment insurance. All other bonds, permits, licenses, information, etc. as required in the contract documents. A checklist of submittals needed prior to contract signing is provided for guidance within this ITB. 11. It is understood that all the work will be performed under a lump sum or unit price basis and that for the hUnp 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 narned. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the ff 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 is a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 12. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "Line Total V are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 13. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for tile unit or lump sum prices in the "BID SCHEDULE". 14. In stating prices, it is understood that the prices include all materials and work required to complete the Project in accordance with the Contract Documents, 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." 15. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B. 100 16. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of tile several kinds called for, 17. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the Cities of Ashland and Phoenix which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 18. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the sum of I a % vie I r> payable to the City of Ashland, Oregon, this being an amount for tell 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 tell (10) working days from the date of notification, then tile 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 becorne 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. 19. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be 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 15 requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. 20, The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C�.440 and OAR 137-049-0370, Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C,8601. 21. The undersigned certifies that the undersigned Conti -actor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Tile bidder understands and acknowledges that it may be disqualified from bidding oil this public improvement project as set forth in OAR 137-04,9-0370, including but not limited to City discovery a misrepresentation or share regarding a subcontract or that the Bidder has violated any requirement of ORS 279A. I 10 or the administrative rules implementing the Statute., 22. The undersigned agrees to initiate and complete this Project Under the following conditions, as stated below: • The work shall commence within 30 days after the City issues a written Notice to Proceed (NTP) physically or electronically. • Physical site work shall not begin until the end of the 2025 fire season • The work shall be completed in all respects no later than December 3111, 2025, according to the "final completion" terms as outlined in Exhibit A, Section 22(b). • Liquidated damages shall be $500 per day for each and every day that exceeds December 3 1', 2025 or the final adjusted contract time. This amount is a genuine pre -estimation of the damages expected because of delay in the completion of this Project. 23. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below, [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 24. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid. 25. The undersigned is aware that no person may engage in any business within Ashland 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 respective city limits. 26. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents hint/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below. 0 The Bidder is 4 or is not a Resident Bidder as defined in ORS 279A. 120. 27, The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be H 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 hirn/lier to enter into this Contract, and the papers made a part of its terms; 28. 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. 29. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)] 30, The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder or their subcontractor is licensed tinder ORS 468A.710 for asbestos removal. 31. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and reqUil-CInCtits, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 32. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in this Solicitation and the Contract Documents. 33. The undersigned, by the act of submitting a bid, affirms that the undersigned has investigated and is satisfied as to the site subsurface condition to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. 34. The bidder understands that the City reserves the right to make changes to the Notice to Contractors Invitation to Bid and the resulting contract by written addenda no later than 3 business days prior to the closing time and date. Addenda will be posted to the OregonBuys website for download. The bidder must check the OregonBuys website frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER THROUGH 2-, HAVE BEEN REVIEWED 35. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid per OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form (Exhibit L). 36. 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 the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage. Please see instructions found on the First Tier Subcontractor Disclosure Form. THE CITY WILL REJECT A BID IF THE BIDDER FAILS TO SUBMIT A PROPERLY COMPLETED DISCLOSURE FORM WITHIN TWO HOURS OF BID CLOSING. In THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. The disclosure should be submitted on the First -Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 37. Bidder Information and Signature D I C-"'-TMa %,/ " Parma Firm Name of Bidder Signature of Bidder LV-62t-2f State of Incorporation Dated this 2 L4 04 I-rc4-i eLt— L),,C7-44 Printed Name of Bidder m vm f3 C; &I - Official Title OAOC 6 1 Y GCB Number day of A 2 A-L L— 2 0 Name of Bidder 'b t v L—UC— Address �,(D 74 � -`� Telephone No. q 1 9 77 q - 5 2,� 1 18 BID SCHEDULE ITEM NO, DESCRIPTION Qly. LNIT UNIT PRICE (FIGURER) AMOUNT I TEMPORARY FEATURES AND APPURTENANCES (Part 00200) 10: Mobilization I LS - 20 Temporary Work Zone Traffic Control, I LS 30 Erosion and Sediment Control I LS SITEWORK (Part 00300) 40 Construction Survey Work I LS SOW -15 cpcv) so Removal of Structures and Qbstructions I LS c Z� BRIDGES (Part 00500) 60 East Fork Vehicular Bridge I LS 70 West Fork Vehicular Bridge I LS BID TOTAL — YXA YawWta) 'Mov-,"D <�,-P 1461-01WO AJD �� � Alame gf-Atithorizen'4?epi-esentaiii,e ]"brat ff"Hilen in Dollars 06> 12S A uthorized Representative Signature Dale 19 FIRST -TIER SUBCONTRACTOR DISCLOSURE FORM Project Name A-At"3 t, " - R V-1 Project Number 2-0 ['— 10e%_ Bid Opening Date Ll [-2-q Name of Bidding Contractor CHECK THIS SOX IF YOU WILL NOT BE USING ANY F7RST-TIER SUBCONTRACTORS OR' IF YOUARE NOT SUBJE, CT TO THE DISCLOSURE RQUIRE ME NTS (SEE INSTRUCTIONS) Finn Name Dollar Amount Category of Work Finn Name Dollar Amount Category of Work.. Finn Nance Dollar Amount Category of Work Finn Natne Dollar Amount Category of Work Finn Name Dollar Amount Category of Work Finn Name Dollar Amount Cate or of Work Finn Name Dollar Amount Category of Work (Attach additional sheets as necessary) 21 EXHIBIT E: BONDS (BID, PERFORMANCE, PAYMENT) Bid Bond We, Dietrich Construction,LI-C. , a corporation or partnership duly organized under the laws of the State of . .... ...... Oregon and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, Lexon Insurance Company , a corporation or partnership duly organized under the laws of the State of Texas and authorized to transact business in the State of Oregon, as 11SURETV," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the City of Ashland, Oregon, (OBLIGEE) the sum of ($ 10% of Total Amount Bid Ten Percent of Total Bid 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 East and West Forks Project — Bridge Replacement, Project 2018-10a 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 ftimishes 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 sliall 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) (lays of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 22nd day of April 2025, Lexon Insurance Company Dletflch ConstwcVw,LLC. Surety Principal 155 NE 100- Street, SW 201 '0 Sea", M,88125 PO Box 1959 Grants Pass., OR 97528 WON Address Address By. By: leyncisay Q. mum OF 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. 55 I Mn KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware, corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, andlor Bond Safeguard Insurance Company, a South Dakota corporation, each, a 'Company' and collectively, 'Sompo International,' do hereby constitute and appoint: Jenifer M. McCormick, Jeanette Simmons, Lyndsay C. Murff, Molly Martin as true and lawful Attorneys) -In -Fact to make, execute, seat, and deliver for, and on Its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof In excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company as fully and to the same extent as If signed by the President of the Company under Its corporate sea] attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled "Certificate*. This Power of Attorney Is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the le day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixedto any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such, facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this Instrument to be signed by the following officers, and Its corporate seal to be affixed this 150 day of June, 2019. EnduranceAss rance Corporation, By: Richard Appoli,*UP664onlor Counsel e,b ej "0. 0, SEAL �Dj 3 2002 DELAWARE,,!i Endurance American i In urapyjpaj n TO By. �J� Richard Appeli,SWAkrior Counsel ;eli Can III's -0- - SEA1 0 1998 CWLAWAAE,� 0 . ACKNOWI Lexon Insurance Company anti 1 0 1, rd I , 'r R ni ouhsel Bond Safeguard By: 'te"Lor ^d , , I 'A R111rd App9j,,SVP-&AqnIo o fis9sur.. N- ....... !t A SOUTH c) 0 DAKOTA wsuttmct COMPANY I On this 150'dayof June, 2019, before me, personally came theabove signatories known to me, who being duly sworn, did depose and say that he/I"XjA;Wfa9qcerof each of the Companies; and that he executed said instrument on behalf of each Company by authority of his officeunder th by wsofoaoh Company,,,' 'of Sun Z . W . ; By, office under :: 1. tv C Amy Taylor, qNo1qubI1cMyCommIssrqn8xPIreS IW23-' CERTIFICATE... .... 1,the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing Is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The, following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 16, 2019 and said resolutions have not a Inc a been revoked, amended or modified: 'RESOLVED, that each of the Individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bond's, undertakings or obligations In surety or co -surely with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARONL. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be It further RESOLVED, that each of the Individuals named above Is authorized to appoint attomays-in-fact for the purpose of making, executing, seating and delivering bonds, undertakings or obligations In surety or co -surety for and on behalf of the Company.' 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 22jid f o day AP19 20L25 'y of By: Dane', L "t, S. 40, rotary NOTICE: U.S. TREASURY DEPARIMSM OFFICE OFFOREIGN ASSETS CONTROL (0FACI No coverage Is provided by INS Notice nor can it be construed to re0ace any provisions of anystretybondor other surety coverage provided. This Notice provides information concerning possible impact on yours urety coverage due to directives issued by OFAC. Please read this Not" carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of 'national emergency", OFAC has Idertified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics Iraffickers as 'Specially Designated Nattonals and Blocked Persons". This list can be located on the United States Treasurys websito - Lijtp_&11wNw treasury govir . Ir/sarcti --- 1-1 4 ist. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has vitiated U.S. sanctions Caw or Is a Specialy Designated National and Blocked Person, as Identified by OFAC, any coverage wit be considered a blocked or frozen cont raot and all provis Ions of any ooverage provided are Immediately subjeot to OFAC. When a surety bond or other form of surety coverage Is considered to be such a blocked or frozen contract" no payments nor pren-dum refunds maybe made without authorization from OFAC. Other limitations on the premium a and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonCLqiln Adlur ,iliniktral,icywagnnipo-Intl cMi Telephone: 615-553-9500 Mailing Address: Sompo International; 1121190 Lebanon Road; Mount Juliet, TN 37122-2870 STATEMENT OF QUALIFICATIONS FOR THE DESIGN, FABRICATION, AND DELIVERY OF THE BRIDGE FOR THE CITY OF ASHLAND EAST AND WEST FORK BRIDGES. City of Ashland STATEMENT OF QUALIFICATIONS (SOQ) SUBMITTED BY PACIFIC BRIDGE & CONSTRUCTION, INC. FOR USE ON THE CITY OF ASHLAND EAST AND WEST FORKS BRIDGE PROJECT. Introduction a) Pacific Bridge & Construction, Inc. 42705 SE Oral Hull Rd, (Physical) P.O., Box 1711 (M�ailing) Sandy, OR. 97055 971-563-9401 Steve Copher Direct wwA,pacbrLdgeinc.corn Website b) Contact Person for SOCK. Steve Copher—Vice President 971-563-9401 Direct c) Service options to be, provided in this SOQ will be to design, fabricate, and', deliver the complete bridge system package as designated in the City of Ashland East and West Forks Bridge Project Bridge Requirements. Firm Resources Pacific Bridge & Construction, Inc. (PBC) has the resources available to perform the work of Furnishing the complete bridge system indicated in the City of Ashland East and West Forks Bridge Project Bridge Requirements. Our resources are as follows: • Precast concrete yard complete with custom steel forms adjustable to variety of lengths and widths from the bridge decks to the abutment systems, pre -stressing capabilities, concrete testing equipment, lifting equipment, storage space, and all necessary hand tools. • Consulting Engineering firm (that specialize in bridge design) on board to provide Structure design calculations and drawings. • Trucking broker we work close with to provide delivery. • Staff member that is American Concrete Institute (ACI) certified to do fresh concrete testing and concrete strength testing. • Staff member that holds Precast/Prestressed Concrete Institute (PCI) Quality Control Personnel Certifications Level 1 and Level 2. • Employee's that specialize in bridge manufacturing with over 200 bridges of experience in OR., WA., ID., and CA. Local Capability and Experience PBC is proposing to provide services for the Supply of the complete bridge system using our modular precast concrete bridge system. a) Company's Experience: PBC has been in business for 23 years. In the 23 years of business experience, we have manufactured and installed over 200 bridges in the Pacific NW. We have performed on both Design, Bid, Build projects and Design -Build projects. These projects have ranged from pedestrian bridge to County DOT two lane bridges. b) PBC's capability to perform the services stated are as follows: • Six full time employee's (including owners) that are specialized in bridge construction from manufacturing to installation. Employee`s are skilled with the experience of 23 years and over 200 bridges. • Specialized equipment include: --Custom adjustable steel forms used to produce our modular precast concrete bridge systems. These forms are adjustable and have internal vibration systems to produce a consistent high quality product. --All necessary hand operated power equipment used in the manufacturing of bridges. --Specific Skill of key staff are: Quality control—PCI Quality Control Personnel Certification Level 1 and Level 2, ACI certified in fresh concrete testing and concrete strength testing, Class "A" Commercial Driver's License, Concrete finishing, Plan reading, and the ability to coordinate and manage the project from start to finish with the experience of a combined 23 years in the bridge construction field and an additional combined over 23 years experience in the construction field. Licenses/Certifications our company and staff hold: --CCB license #152814 --WA. license #PACIFBC923NH --(2) Staff with Class "A" Commercial Drivers Licenses. --Precast/Prestressed Concrete Institute Quality Control Personnel Certification Level I and Level 2 Steve Copher PCI Level 1 No. 49461-2632-702687 Steve Copher PCI Level 2 No. 49461-2634-702746 --American Concrete Institute Fresh concrete testing technician Grade 1 and Concrete Strength Testing Technician. Steve Copher ACI ID #01099055 --United States Patent in Bridge Construction. Patent #6,742,211 --A+ rating with the Better Business Bureau. .ClientReferences, 0 Ayres & Associates, PLLC Jim Ayres, P.E. Lima@ciyres-associates.com 360-943-5499 * Chehialis Basin Fisheries Task Force Maria Cerdena admin@cbftf.com 360-482-2347 • Waterways Consulting Engineers Jake Hofeld 503-528-4816 Past P roi ects • Coal Creek Bridge: Chehalis, WA. Provide Bridge Product • Tulalip mower Board Bridge: Snohomish, WA. Provide Bridge Product • Tulalip Upper Board Bridge: Snohomish, WA. Provide Bridge Product • Tulalip Watt Bridge: Snohomish, WA. Provide Bridge Product • Adams Site Bridge: Cottage Grove, OR. Provide and Install Bridge Product • Big ❑og Site Bridge: Cottage Grove, OR. Provide and Install Bridge Product • Kelly Barlow Site Bridge: Cottage Grove, OR. Provide and Install Bridge • Woodcock/Grimm Rd. Bridge: Mololla, OR. Provide Bridge Product • David Trammell Bridge: Damascas, OR. Provide Bridge Product • Summit Creek Bridge: John Day, OR. Provide Bridge Product Attached photo's : � w x, ...�:g� \§. .°� ©.� �. � &..:~ .� � ««�� « � r 2 � .: \\\,\. �° \� ?�/� °� - °« ^� » « zip � \� � :, �� : . � « .. »� . ©�� � / . : >� /, � > y� :/., .. �� 2.� ; \«. ~ �^`» \ s ..�.}2&�2����( East and West Fork Bridges 2018-10a for City of Ashland 4/24/2025 Statement of Qualifications Dietrich Construction LLC PO Box 1959 Grants Pass, OR 97528 Pomeroy Dam Removal and Improvements 2024 — WaterWatch, and SWCA/River Design Group. Kerby, Oregon. Complete removal of the 275' foot wide Pomeroy Dam from the Illinois River, near Kerby, Oregon. The Dam served as an irrigation diversion for the Q-X Ranch. The Project included two pump stations and 2800 ft of pipeline work to replace the diversion dam and provide the irrigation water to Q-X Ranch. Also included were two road crossing box culverts with reconstructed stream bed to enhance fish passage two tributary streams below the dam site. The two road crossings were completed under limited road closure of seven days per crossing. This project was similar in, scope as it had two precast box culvert structures at different stream crossing locations. Jim McCarthy -Waterwatch.org 541-708-0048 EiLij@watq_rwatclj,.qr.F Scott Wright —SWCA/River Design Group 541-602-2343 swr 1@s��gLa,.com .Ljob Takelma!, Crossing and Takelma Dam Removal — WaterWatch, Siskiyou Field Institute and River Design Group. Selma, Oregon. The project Comprised of two main areas of work. First, removal of an existing Concrete Box Culvert with an open bottom multiplate culvert which included a temporary bypass bridge installation on the Illinois River Road. The temp bridge was built on Hilfiker Retaining wall abutments and steel span bridge deck. Second, was the removal of a concrete diversion dam. The purpose of the project was to provide fish passage into the upper reaches of Takelma creek which was blocked by the existing structures. This project relates with the install of temporary bridge structure with similar components, and installation as a pacific bridge, as well as work in a stream environment. Jim McCarthy -Waterwatch.org 541-708-0048 ji Scott Wright —River Design Group 541-602-2343 swr.iKh1,( ip net Completion 2/2024 Private Bridge — Sunny Valley Sand And Gravel, Wolf Creek, Oregon. The Project was a private land owners access bridge. The abutments were Pacific Bridge and Construction, Inc. abutments with a 90' bridge span over Grave Creek. This bridge was identical in design other than abutments were approximately 15' tall'! and a longer span. Andreas Blech — Sunny Valley Sand and Gravel 541-226-8784 aLnd(easblech.us Completion, 4/22 Coquille Valley Wildlife Area —Publlic Access Improvements — The project was creation and enhancement of existing tidally influenced channels and access improvement in the Coquille Wildlife Management Area. An access road was reconstructed and two 31' Pacific bridges were installed for access over the channels, including foundation stabilization in a wetland area with tidal) influence. Ray Murphy 541-347-2455 Melody Waight (503) 947-6132 Contract Amount $280,0001.00 Oregon, Dept. of Fish and Wildlife Prime Contract ODFW 835-017-17 Completion 10/17 Oregon Hatchery Research Center (OHRC) Sluice Gate Installation —Oregon Dept. of Fish and Wildlife. The project work was partial demolition of a diversion structure and the installation of an automated slide gate. It involved stream diversion, concrete demolition, structural concrete and installation of metalwork and equipment. Ryan McCormack 541-947-6216 Contract Amount $147,000 Oregon Dept. of Fish and Wildlife Prime Contract ODFW 835 Completion 10/20