HomeMy WebLinkAbout2025-133 CONTRACT Carter & Company, Inc. �w
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PUBLIC IMPROVEMENT CONTRACT
FOR
N. MOUNTAIN I AVENUE OVERLAY PROJECT'
PROJECT NO. 2021-03
This Public Improvement Contract (hereinafter "Contract") is entered into by and between the
CITY OF A H AND, an Oregon municipal corporation(hereinafter"City"), and
CARTER & COMPANY, INC, (hereinafter "Contractor"). This Contract incorporates the
attached `Contractor Data, Certification, and Signature' page as well as Exhibits A-J.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties mutually covenant and agree as follows:
1. PROJECT MANAGER:
The City's Project Manager for this Contract is:
Karl Johnson,Associate EJngineer, Cii`yo�Ashtand�'ul�.[.�._W0rks1En9lneering_Q11f_n
2. WORK:
2.1.The Work under this Contract is for the N, MOUNTAIN AVE .U.E OVERLAY PROJECT
Project No. 2 1-0-03 as more fully described in the Contract Documents listed in
Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC
IMPROVEMENT CONTRACTS. Contractor shall complete all Work as specified in the
Contract Documents. The Work is generally described as follows:The Work is
generally described as follows: An Asphalt overlay of approximately 0.75-mile of
Ashland Street between Siskiyou Boulevard and Faith Avenue, Project and will include
cold plane pavement removal of varying depths of the existing roadway, replacement
of non-ADA compliant handicap access ramps, and asphalt concrete paving. The
Statement of Work, including the delivery schedule for the Work, is contained in the
Contract Documents.
2.2. Contractor shall, at its own risk and expense, perform the Work under the terms
outlined in this Contract and as described in the Contract Documents and furnish all
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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 N. MOUNTAiNAVENUEOVERLAYPROJECT.
Proiect No. 2021-03. Contractor shall secure all municipal, County, State, or Federal
Permits or licenses including payment of permit fees, license fees, and royalties
necessary for or incidental to the performance of the Work. The risk of loss for such
Work shall not shift to the City until written acceptance of the Work by the City.
3. EFFECTIVE DATE AND DURATION:
This Contract is effective as of the date of execution by the City(the "Effective Date"). All
Work under this Contract shall, unless otherwise terminated or extended, be completed on
or before 60 calendar days following Contractor's receipt of the written Notice to Proceed.
4. CONSIDERATION
4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, the sure of$3,593,271.50(Three million,five hundred ninety three
thousand,two hundred seventy-one dollars and fifty cents)for performing the Work
required by this Contract, including allowable expenses.This sum cannot be modified
except by Change Order approved in writing by the City. Any progress payments to
Contractor shall be made only in accordance with the schedule and the requirements
as set forth in the Standard Terms and Conditions.
4.2. City certifies that sufficient funds have been appropriated to make payments required
by this Contract during the current fiscal year. Contractor understands and agrees that
City's payment of amounts under this Contract attributable to Work performed after
the last day of the current fiscal year is contingent upon City appropriations, or other
expenditure authority sufficient to allow City in the exercise of its reasonable
discretion, to continue to make payments under this Contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may
terminate this Contract without penalty or liability to City, effective upon the delivery of
written notice to Contractor,with no further liability to Contractor.
5. CONTRACTOR'S REPRESENTATIONS
In order to induce City to enter into this Contract, Contractor makes the following
representations:
5.1. Contractor has examined and carefully studied the contract documents, and any data
and reference items identified in the contract documents.
5.2. Contractor has visited the Site, conducted a thorough, alert visual examination of the
Site and adjacent areas, and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the
Work.
5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect
cost, progress, and performance of the Work.
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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.
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
shalt this section be construed as a waiver of the City of any form of defense or immunity.
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I, A
CONTRACTOR DATA, CERTIFICATION,AND SIGNATURE
Business Name (please print): w V,c. .._
Contact Name: ....TOCILS Phone:,- Fax: ,
,Address._ " dC ..... Se, ._ t
Do Not Write Federal and State Tax iQ Numbers on this Agreement One copy of W=9 is to be
submitted with the signed contract to be kept on file in the City of Ashland Finance
Department.
Ashland Business License ....._......_..._�Construction Contractors Board#
Citizenship: Nonresident alien-Yes No
Business Designation (check one): Individual Sole Proprietorship
Partnership �Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information
will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D.
number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID
numbers.) Information not matching IRS records could subject you to 31 percent backup
withholding.
1, the undersigned, understand that the Standard Terms and Conditions For Public
Improvement Contracts (Exhibit A) together with Exhibits B through f together with all
other Contract Documents as described in Standard Terms and Conditions Section 5 below,.
and the separately hound Oregon 2024 Standard Specifications for Construction, as
amended by the City of Ashland's most recent Addenda to the 2024 Standard Specifications
are an integral part of this contract and agree to perform the work described in the Contract
Documents, including Exhibit A, in accordance with the terms and conditions of this
contract. I further understand the City is prohibited from entering into a contract when the
contractor has neglected or refused to file any return, pay any tax, or properly contest a tax,
pursuant to ORS 305.385; 1 hereby certify, under penalty of perjury and false swearing, that
/my business am/is not in violation of any Oregon tax laws; I further certify that the
certification and representations in Standard Term and Condition # 16 [CCB Registration
Requirements]are true and correct, and further I certifythat I am an independent contractor
as defined in ORS 670.600,
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CONTRACT
Signatureffitle �
Printed name
Date
NOTICE TOd CONTRACTOR: This contract does not bread the City of Ashland unless and until
it has been executed by the Public Contracting Officer or designee.
CITY OF A HL.AND SIGNATURE
C ITY:
City Manager, City of Ashland'
10/29/2025
Gate
ATTACHMENTS: Certificate of Representation
Standard Terms&Conditions
Sid Schedule
Insurance Requirements
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CERTIFICATE OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID(or is waiting for the number to be issued
to it; and
(b) Contractor is not subject to backup withholding because
(i) it is exempt from backup withholding or
(H) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or
(Iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further
represents and warrants to City that
(a) it has the power and authority to enter into and perform the work,
(b) the Contract,when executed and delivered,shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duty licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws,and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the
contract documents, and has checked four or more of the following criteria:
X —(1) 1 carry out the labor or services at a location separate from my residence or is in: a
specific portion of my residence,set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence
listing.
—(4) Labor or services are performed only pursuant to written contracts.
X (5) Labor or services are performed for two or more different persons within a period of
one year.
(6) 1 assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors
and omission insurance or liability insurance relating to the labor or services to be
provided.
Contractor Date
EXHIBIT A - STANDARD TERMS AND CONDITIONS FOR PUBLIC
IMPROVEMENT CONTRACTS
1. Contractor is Independent Contractor
a. Contractor shall perform the work required by this Contract as an independent
contractor.
b. The Contractor represents and warrants that Contractor(i)is not currently an employee
of the federal government or the State of Oregon, and(ii)meets the specific
independent contractor standards of ORS 670.600, as certified on the Independent
Contractor Certification Statement attached as Exhibit D.
c. Contractor will be responsible for any federal or state taxes applicable to any
compensation or payment paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance,
state Public Employees' Retirement System, or workers'compensation benefits from
compensation or payments to Contractor under this contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract,or assign, set(,
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 t 37-049-0200(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 rotate 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 at(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
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directly, indirectly,or otherwise,to third persons unless such third persons are individually
identified by name herein and expressly described as intended beneficiaries of the terms of this
Contract.
4. Successors in Interest
The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties
hereto, and their respective successors and approved assigns, if any.
5. Contract Documents
The Contract Documents,which comprise the entire Contract between the City and
Contractor, include all sections or parts of the bid package however denominated, including all
documents and plans attached or referenced therein,the Notice to Contractors - Invitation to
Bid, Offer, First-Tier Subcontractors Disclosure Form,Surety Bond, Public Improvement
Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond,
Payment Bond,Special Provisions, Plans,Construction Drawings,Standard Drawings, and
Contract Addendums, all attached hereto,and incorporated herein by this reference,together
with the Prevailing Wade(BOLD ltalicable AND and other searare�bound reference,
Oregon 2024 Standard Specifications for Construction, and City of Ashland Addenda,
incorporated herein by this reference. All exhibits, schedules and lists attached to the
Contract Documents,or delivered pursuant to the Contract Documents,or otherwise available
from the City, shall be deemed a part of the Contract Documents and incorporated herein,
where applicable, as if fully set forth herein.
B. 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:
L Awritten 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.
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b. A drug-testing program that meets the above requirements will be deemed a "Qualifying
Employee Drug-testing Program." For the purposes of this section, an employee is a
"Subject Employee"only if that employee will be working on the Public Improvement
project job site.
c. By executing and returning this contract the Contractor certifies, represents and
warrants to the City that a Qualifying Employee Drug-testing Program is in place at the
time of execution,will continue in full force and effect for the duration of this contract,
and that Contractor will comply with the provisions of subsection (d) below. Further,
the City's performance obligation(which includes,without limitation,the City's
obligation to make payment) is contingent on Contractors compliance with this
representation and warranty.
d. Contractor wilt 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 maybe 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 wilt not be extended, nor will the Contractor be entitled to any additional
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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 shalt 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 anyviolation by the Contractor
of the terms of this contract, including a determination by the City that the Contractor has not
progressed satisfactorily with the Work in accordance with specifications.
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract
at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for
any reason deemed appropriate in its sole discretion.
c. The City may terminate this contract, in whole or in part, at any time for any reason
considered by the City, in the exercise of its sole discretion,to be in the public interest.
The City will provide the Contractor, and the Contractor's surety,seven(7)days prior
written notice of a termination for public convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of
the Contract by the other. Prior to such termination, however,the party seeking the
termination shall give to the other party written notice of the breach and of the party's
intent to terminate. If the Party has not entirely cured the breach within 15 days of the
notice,then the party giving the notice may terminate the Contract at any time
thereafter by giving a written notice of termination.
11. Payment on Early Termination
a. If this contract is terminated under 10(a),(b),or(c),the City shall pay the Contractor for
work performed in accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City,
then the City shall pay the Contractor as provided in subsection(a)of this section.
c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor,
then the City shalt 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 shalt provide the City with
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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 shalt be entitled to any other equitable and legal remedies
that are available.
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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).
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13. Access to Records
Contractor shalt maintain, and the City and its authorized representatives shall have access to
all books, documents, papers and records of Contractor which retate to this contract for the
purpose of making audit, examination, excerpts, and transcripts for a period of three years after
final payment. Copies of applicable records shall be trade available upon request. Payment
for cost of copies is reimbursable by the City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to
background data,documentation and staff work that is pretimi nary 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 shalt 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 shalt 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 at[Subcontractors to comply with at[federal,
state,and local taws 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
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279C.380(4),,(Award of Contract and Bond); ORS279A.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 th;is,contract by this reference as though set
forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i)any
requirements of the DAVIS BACON ACT(40 U.S.C.3142 and applicable Davis-Bacon Related
Acts; (ii)Title VI of the Civil Rights Act of 1964; (iii)Section V of the Rehabilitation Act of 1973;
(iv)the Americans with Disabilities Act of 1990, (v)ORS 659A.1 42, (vi) all regulations and
adminiistrative 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 shalt be considered included and
incorporated into the Contract and made apart hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction
Contractors Board or licensed by the State Landscape Contractor's Board in accordance with
ORS 701.035 to 701.055 and,further,that all subcontractors performing work as described in
ORS 701.005(2)(i.e., construction work)will be licensed with the Construction Contractors
Board or licensed',by the State Landscape Contractor's Board in accordance with ORS 701.035
to 701.055 before the subcontractors commence work under the contract,
17. Prevailing Wages/ BOLL Fee
a. Contractor shalt certify in the Contract and it shalt 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 shalt 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:
.http5A g.o-n,,,g-QvitoLi/—W--FI—D]F-WB-lParge,,s,�Pw-r—st,,,;i,t .aspx- When both federal
and state prevailing wages are required to be included in the contract specifications,
the City shalt 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 shalt be bound by and shalt 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
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required, in the form of a BOLT document, is included in the contract and bid
documents and made a part hereof by this reference. For public works for which the
contract price is$50,000 or more,all workers shall be paid not less than such specified
minimum hourly rate of wage. [ORS 279C.830(1)]
c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and
Industries pursuant to the administrative rule of the commissioner and as provided in
ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60
days from the date work first begins on the Contract, or as otherwise provided by
administrative rule,whichever is the earliest date. The fee is payable to the Bureau of
Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon
Street#32 Portland Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors
Board a public works bond with a corporate surety authorized to do business in this
state in the amount of$30,000 as required by ORS 279C.836 and shalt cause all
subcontractors to do the same prior to starting work on the project.[ORS 279C.830(2)]
The bond must provide that the contractor or subcontractor will pay claims ordered by
the Bureau of Labor and Industries to workers performing labor upon public works
projects.The bond must be a continuing obligation, and the surety's liability for the
aggregate of claims that may be payable from the bond may not exceed the penal sum
of the bond.The bond must remain in effect continuously until depleted by claims paid
under this section, unless the surety sooner cancels the bond. Contractor shall verify
that subcontractors have complied with this requirement prior to permitting the
subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is$50,000 or more,
Contractor shall supply and file,and require every Subcontractor to supply and file,
with the City and with the Wage and Hour Division,Bureau of Labor and Industries
(SOLI), 800 NE Oregon 432, 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 anyone day or 40 hours in anyone 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 flour 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 shalt be foreclosed from the right to collect for any
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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]
a. Pursuant to ORS 279C.530(1), Contractor shall promptly,as due,make payment to any
person, co-partnership, association or corporation furnishing medical,surgical and
hospital care services or other needed care and attention, incident to sickness or injury,
to the employees of the contractor,of all sums that the contractor agrees to pay for the
services and all moneys and sums that the contractor collected or deducted from the
wages of employees under any law, contract or agreement for the purpose of providing
or paying for the services.
b. Pursuant to ORS 279C.530(2),All emptoyers, 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 shalt 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.5501 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 shalt accrue to the contractor.
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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 shalt, upon demand,
inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu
of retainage, as permitted above,shalt be of a character approved by the City Attorney and City
Finance Director, including but not limited to;
a. Bills,certificates, notes or bonds of the United States.
b. Other obligations of the United States or its agencies.
c. Obligations of any corporation wholly owned by the federal government.
d. Indebtedness of the Federal National Mortgage Association,
e. General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not
typically associated with such bond or instrument,the contractor may deposit a surety bond
for all or any portion of the amount of funds retained, or to be retained, by the City in a form
acceptable to the City.The bond and any proceeds there from shalt be made subject to all
claims and liens and in the same manner and priority as set forth for retainage under ORS
279C.550 to 279C.570 and 279C.600 to 279C.625.The City shall reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the contractor in
accordance with ORS 279C.570.Whenever a City accepts a surety bond from a contractor in
lieu of retainage,the contractor shall accept like bonds from any subcontractor or supplier
from which the contractor has retainage.The contractor shall then reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the
subcontractor or supplier. [279C,560]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price
or prices bid, and those prices shall include full compensation for all approved
incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month
and submit to the City for approval, before the fifth of the following month, or as
mutually agreed between the Contractor and City, These estimates shall include value
of labor performed and materials incorporated in the work since commencing work
under the Contract. Such estimates need not be made by strict measurements and
may be approximate only and shall be based upon the whole amount of money that will
become due according to terms of the 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
16
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
at[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
shalt be understood to be not less than ninety-seven and one-half percent(97.5%)of
the work,the City may, at its discretion, reduce the retained amount equivalent to not
less than one hundred percent(100%)of the contract value or estimated value or
estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such
approval if, in the City's opinion, and in good faith,the work has not progressed to the
point indicated by the Contractor's submittal. The City may also decline to approve an
application for payment or may reduce said payment or, because of subsequently
discovered evidence or subsequent inspections, City may nullify the whole or any part
of any payment previously made to such extent as may be necessary in their opinion to
protect the City from toss because of: (1)defective work not remedied, (2)third party
claims filed or failure of the Contractor to make payments property 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
17
Contract sum,(4)damage to another contractor's work, (5)reasonable indication that
the work will not be completed within the Contract time, (6)unsatisfactory prosecution
of the work by the Contractor, (7)claims against the Contractor by the City, (8)failure to
submit a construction schedule or failure to keep said construction schedule updated,
or(9)exceeding work limits. When any or all of the criteria set forth above have been
remedied satisfactorily to the City, payment shall be made for amounts withheld
because of them. Withholding of progress payments or partial payments under the
criteria set forth above shall not entitle the Contractor to interest on such withheld
payments or partial payments, except as provided in ORS 279C.570(9).
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or
any extension, no further estimate may be accepted, or progress or other payments
allowed until the Project is completed, unless approved otherwise by City. Progress
estimates are for the sole purpose of determining progress payments and are not to be
relied on for any other purpose. A progress payment is not considered acceptance or
approval of any work or materials or waiver of any defects therein. (ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a
portion of the work is considered substantially complete. If it appears to the City that
the work is not substantially complete,the City shall not make an inspection. The City
may make a general list of major work components remaining. If it appears that the
work is substantially complete,the City shalt,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 shatl 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 shalt stop the
accrual of liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100%
complete. If it appears to the City that the work is not 100%complete,the City shall not
make a final inspection. The City may make a general list of major work components
remaining. If it appears that the work is 100%complete,the City shall,within fifteen
(15) days after receiving notice, make a final inspection and either accept the work or
notify Contractor of work yet to be performed on the Contract. A Certificate of Final
Completion shall not be prepared until all provisions of the Contract have been met,
including but not limited to, the submission by the Contractor of a signed Certificate of
Compliance, Exhibit G and executed"Release of Liens and Claims" (Exhibit H).
When the work is 100%complete, the City shall prepare a final pay estimate and Certificate
of Final Completion accepting the work as of a certain date.The Contractor shall execute
and return the final pay estimate and Certificate of Final Completion within five(5)working
days of receipt.Unless otherwise provided as a Special Provision,when City accepts the
Certificate of Final Completion,the date the Contractor signs the Certificate of Final
Completion shalt be the date the City accepts Ownership of the work and the start date of
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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 shalt submit to the City within five(5)
working days of receipt of the City's final pay estimate, an itemized statement of any and at[
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, shalt 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.
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If City declares a default of the Contract, and Surety completes said Contract,all payments
made after declaration of default and all retainage held by City shall be paid to Surety and
not to Contractor in accordance with the 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
20
subcontractor did not make payment when payment was due is that the contractor
or first-tier subcontractor did not receive payment from the City or contractor when
payment was due. The interest penalty shall be:
A. For the period beginning on the day after the required payment date and
ending on the date on which payment of the amount is due made; and
B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose
of performance of such contract condition, a provision requiring the first-tier
subcontractor to include a payment clause and an interest penalty clause conforming
to the standards of section a, above in each of its subcontracts and to require each of
its subcontractors to include such clauses in their subcontracts with each tower-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 tabor or material for the performance of the work provided for in the
contract. [ORS 279C.505(1)(a)]The Contractor shalt 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 shalt be fully responsible for any lien or claim filed
against the City on account of any tabor or material furnished. [ORS 279C.505(i)(c)]
The Contractor shalt 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 shalt 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
21
the amount due shall equal three times the discount rate on 90-day commercial paper
in effect at the Federal Reserve Bank in the Federal Reserve district that includes
Oregon on the date that is 30 days after the date when payment was received from the
contracting agency or from the contractor, but the rate of interest may not exceed 30
percent.The amount of interest may not be waived.
h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with
the public improvement contract,the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as
defined in ORS 279C.580.
i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this
section does not relieve the contractor or the contractor's surety from obligation with
respect to any unpaid claims.
j. Living Wage Rates: If the amount of this contract is$18,703 or more, and Contractor is
not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of
the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all
employees performing work under this contract and to any subcontractor who performs
50%or more of the work under this contract.Contractor must post the attached Living
Wage Notice predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the
City. The Contractor shall be advised of the acceptance or of any deficiencies in the
deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will
suffer substantial financial loss if the project work is not completed within the timeframe
specified in Section (1)of the Public Improvement Contract. City and Contractor also
recognize the delays,expense, and difficulties involved in proving in a legal or other dispute
resolution preceding the actual loss suffered by City if the project work is not completed on
time. Accordingly, instead of requiring any such proof, City and Contractor agree that as
liquidated damages for delay(but not as a penalty)the Contractor shall pay the City a dollar
amount per day based on calculations set forth in the Oregon Standard Specifications for
Construction and the Special Provisions for this project,for each and every day that elapses in
excess of the contract time or the final adjusted contract time. This amount is a genuine pre-
estimation of the damages expected because of a delay in the completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may
become due to the Contractor under this Contract. Payment of liquidated damages shall not
release the Contractor from obligations in respect to the fulfillment of the entire contract, nor
shall the payment of such liquidated damages constitute a waiver of the City's right to collect
any additional damages which may be sustained by failure of the Contractor to complete the
work on time. Permitting the Contractor to continue and finish the project work or any part
thereof after the contract time,or adjusted contract time, has expired shalt 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
22
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 wilt be performed in accordance with generally accepted
practices and standards as welt 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 sale gross negligence of the City and its employees. The Contractor shall
assume all responsibility for the work and shall bear all losses and damages directly or
indirectly resulting to the Contractor,to the City,and to their officers, agents,and employees
on account of(a)the character or performance of the work, (b)unforeseen difficulties,(c)
accidents, or(d)any other cause whatsoever.The Contractor shall assume this responsibility
even if(a)fault is the basis of the claim,and (b)any act, omission or conduct of the City
connected with the Contract is a condition or contributory cause of the claim,loss,damage or
injury. Contractor waives any and all statutory or common law rights of defense and
indemnification by the City. Such indemnification shalt 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 shalt 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.
23
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 wit(include the deductible or retention level and required endorsements. Insuring
companies or entities are subject to City's acceptance. If requested, copies of insurance
policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-
insured retention's, and/or self-insurance.Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds/Notice of Bond Claims
At the time of execution of the Contract,the Contractor shall furnish: (1)Performance Bond
and (2) Payment Bond written by a corporate surety or other financial assurance in an amount
equal to the amount of the Contract based upon the estimate of quantities or lump sum as set
forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in
effect and shall remain in full force and effect until compliance with and fulfillment of all terms
and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable
laws and the prompt payment of all persons supplying labor and/or material for prosecution of
the work.The bond(s)or other financial assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other
financial assurance,in an amount equal to 10%of the final amount of the contract. The City
may permit the warranty amount to be included in the initial performance and payment bonds.
The warranty bond or other financial assurance shall be in effect for a period of one year from
the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty
bond or financial assurance shall be for a period of one year from the date of completion of
such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified
mail or hand delivered no later than 120 days after the day the person last provided labor or
furnished materials or 120 days after the worker listed in the notice of claim by the
Commissioner of the Bureau of Labor and Industries last provided labor,The notice may be
sent or delivered to the contractor at any place the contractor maintains an office or conducts
business or at the residence of the contractor. Notwithstanding the above, if the claim is for a
required contribution to a fund of any employee benefit plan,the notice required by ORS
279C.600 must be sent or delivered within 150 days after the employee last provided labor or
materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. One-Year Warranty
In addition to and not in lieu of any other warranties required under the Contract, Contractor
shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the
City and at no cost to the City, any and all defects, breaks,or failures of the work occurring
within one year following the date of completion due to faulty or inadequate materials or
workmanship. Repair damage or disturbances to other improvements under,within,or
adjacent to the work,whether or not caused by settling,washing, or slipping,when such
damage or disturbance is caused, in whole or in part,from activities of the Contractor in
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performing its duties and obligations under this Contract when such defects or damage occur
within the warranty period. The one-year warranty period shalt,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 shalt 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 shalt comply with
provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS
Chapter 659A relating to unlawful employment practices and discrimination by employers
against any employee or applicant for employment because of race, religion, color, sex,
national origin, marital status or age if the individual is 18 years of age or older, Particular
reference is made to ORS 659A.030,which states that it is unlawful employment practice for
any employer, because of the race, religion,color, sex, national origin, marital status or age if
the individual is 18 years or older or because of the race, religion,color,sex, national origin or
age of any other person with whom the individual associates, or because of a juvenile record
that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to
refuse to hire or employ or to bar or discharge from employment such individual or to
discriminate against such individual in compensation or in terms,conditions or privileges of
employment. Any violation of this provision shalt 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 shalt salvage or recycle construction and demolition debris,if feasible and cost
effective. if the contract includes lawn and landscaping maintenance,Contractor shall
compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS
279C.510(1) &(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1),the following is a list of federal,state and local agencies which
have enacted ordinances or regulations dealing with the prevention of environmental pollution
and the preservation of natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
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Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service(NMFS)
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies
Administrative Services, Department of
Agriculture, Department of
Consumer&Business Services, Department of
Oregon Occupational Safety&Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Engineer
State Land Board (Lands, Division of State)
Water Resources Department
LocalAgenpies;
City of Ashland
City Council(Ashland Municipal Code)
County Courts
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County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of
existing ordinances, rules or regulations of agencies not cited above or due to the enactment of
new or the amendment of existing statutes,ordinances, rules or regulations relating to the
prevention of environmental pollution and the preservation of natural resources occurring after
the submission of the successful bid,the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) issue the contractor a change order setting forth the additional work that must be
undertaken.
The solicitation documents make specific reference to known conditions at the construction
site that may require the successful bidder to comply with the ordinances,rules or regulations
identified above. If Contractor encounters a condition not referred to in the solicitation
documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid
visual site inspection,and the condition requires compliance with the ordinances, rules or
regulations enacted by the governmental entities identified above,the successful bidder shall
immediately give notice of the condition to the contracting agency. Except in the case of an
emergency and except as may otherwise be required by any environmental or natural resource
ordinance, rule or regulation,the Contractor shall not commence work nor incur any additional
job site costs in regard to the condition encountered and described in subsection (3)of this
section without written direction from the contracting agency. Upon request by the City,the
Contractor shall estimate the emergency or regulatory compliance costs as well as the
anticipated delay and costs resulting from the encountered condition.This cost estimate shall
be promptly delivered to the contracting agency for resolution.Within a reasonable period of
time following delivery of an estimate of this section,the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for anew contractor to provide the necessary services;or
(f) Issue the contractor a change order setting forth the additional work that must be
undertaken.
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If the City chooses to terminate the contract under either subsection(a)of this section, the
Contractor shall be entitled to at(costs and expenses incurred to the date of termination,
including overhead and reasonable profits,on the percentage of the work completed.The City
shatt 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 shalt 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 estoppel, 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 shalt not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as maybe necessary to correct errors in the
work required under this Contract without undue delays and without additional cost.
36. Severabitity
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 shalt 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.
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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 shalt 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
Alt notices,bills, and payments shall be made in writing and may be given by personal delivery
or by mail. Notices, bills,and payments sent by mail should be addressed as follows:
City of Ashland
Karl Johnson,Associate Engineer
Public Works/Street Department
20 E. Main Street
Ashland,OR 97520
and when so addressed,shall be deemed given upon deposit in the United States Mail, postage
prepaid. In all other instances, notices, bills,and payments shalt 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. Conftict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct
or indirect,which would conflict in any manner or degree with the performance of its services.
The Contractor further covenants that in the performance of this contract no person having any
such interest shall be employed.
41. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS
CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES.
SUCH WAIVER,CONSENT, MODIFICATION OR CHANGE, IF MADE,SHALT.BE EFFECTIVE ONLY
IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS,AGREEMENTS,OR REPRESENTATIONS,ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE,CONTRACTOR
ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
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EXHIBIT B
COMPLIANCE WITH AP,PLICABLE-LAW
PUBLIC IMPROVEMENT CONTRACT
This exhibit contains the requirements for public contracting as set forth in ORS 279C.360,through
and including ORS 279C.800 and is available through the city Engineering Office at 51 Winburn Way,
Ashland, Oregon or online at
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EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT IN RAN E ENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term
of the contract,please provide Certificates of Insurance prior to each renewal. insurance shall be without
prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in
force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656,017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in the
State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation
coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of
its subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis,with a combined single limit of not less
than ❑ $1,000,000 or®$2,000,000 for each occurrence of bodily injury, personal injury and property
damage. It shall include coverage for broad form contractual tiability; 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 shalt 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
shalt also include:(1)formwork in place;(2)form lumber on site;(3)temporary structures;(4)equipment;
and(5)supplies related to the work white 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 wit( 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 shalt defend, indemnify, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers'compensation and employers liability coverage.
Certificates of Insurance. Contractor shalt furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
31
endorsements. Insuring companies or entities are subject to City approval. If requested, copies of
insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,self-
insured retention's,and/or self-insurance.
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EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
CORPORATION CERTIFICATION: I am a ithorized to act on behalf of the entity named below and
certify under penalty of perjury that it is a r r til
Entity Signature t 6ate
B. CONTRACTOR IS INDEPENDENT.,
Independent Contractor Standards. As used in various provisions of ORS Chapters including but
not limited to 316,656,657,and 701,an individual or business entity that performs labor or services
for remuneration shall be considered to perform the tabor or services as an "independent
contractor" if the,standards of ORS 670.600 are met.
Contractor and Project Mlanager certifies that the Contractor meets the following standards:
1. Contractor is free from direction and control over the means and manner of providing the tabor or
services,subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional
occupation licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted tabor or services.
4. Contractor has the authority to hire and fire employees to perform the tabor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the
basis of a periodic retainer.
6. Contractor is registered under ORS chapter 701 if the Contractor provides tabor or services for
which such registration is required.
7.Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the persona(income tax return,for the previous year,for tabor or services
performed as an independent contractor in the previous year.
8.Contractor represent to the public that the tabor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
33
(Check four or more of the following:)
A. The labor or services are primarily carried out at a location that is separate from
Contractors residence or is primarily carried out in a specific portion of Contractors
residence,which is set aside as thie location of the business.
B. Commercial advertising or business cards are purchased for the business, or
Contractor has a trade association membership.
C. Telephone listing is used for the business that is separate from the personal residence
listing.
D. Labor or services are performed only pursuant to written contracts.
E. Labor or services are performed for two or more different persons within a period of
one year.
F. Contractor assumes financial responsibility for defective workmanship or for service
not provided as evidenced by the ownership of performance bonds, warranties, errors
and onnission insurance or liability insurance relating to the labor or services to be
provided.
If any action is tai<en by a person or enforcement agency relating to, Contractor's
independent contractor Status in connection with this contract, Contractor shall defend,
hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials,
employees,volunteers and agents from any such action,claim,judgment,fine,periatty, or
order to pay. Contractor shall pay any additional costs incurred by the City in defending
Such actin incurred as a result of such action. This indemnification is in addition to any
indemnific rwise in this agreement.
incurred
�
Contractor
n Date
Project Managp(si u,r Date'
34
i
1
� f
SHLAND
BID AND BID SCHEDULE
TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION,
EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS
PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE
COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
PLANS,SPECIFICATIONS,AND DRAWINGS WHICH ARE ON FILE ATTHE CITY OF ASHLAND,CITY
HALL,20 EAST MAID STREET,ASHLAND, OREGON 97520.
NAME OF BIDDEN: Carter&Company,Inc.
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CONTACT: Todd Carter 1
1
ADDRESS 4676 Commercial St.SE#203
CITY Salem STATE OR ZIP 97302
TELEPHONE NO. (503) 371-4582
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FAX NO. (503)540-9998
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EMAIL ADDRESS carterbids@carter-co.coin
To the Honorable Mayer and City Council
City Hall
City of Ashland
20 East Main Street
Ashland, Oregon 97520
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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,tabor„tools,
machinery, materials,transportation,equipment and services of all Kinds required for, necessary
for,or reasonable incidental to,the construction of the N. MOUNTAIN AVENUE OVERLAY PROJECT
No, 2021-03(hereinafter"Project")for the City of Ashland,Oregon, as shown in the contract
documents on file at City Community Development Building,which are a condition of this Bid as
though they were attached. This offer is subject to the following declarations as to the acts,
intentions and understandings of the undersigned and the agreement of the City of Ashland to the
terms and,prices herein submitted.
2 1 P i
1. The undersigned has familiarized itself with the nature and extent of the Contract Documents,
the project work, the site,the locality,the general nature of work to be performed by the City or
others at the site that relates to the project work required by the Contract Documents, local
conditions,and federal, state,and local Laws and Regulations that in any manner may affect
cost, progress, performance, or furnishing of the project work.
2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining
and carefully studying)examinations, investigation, exploration,tests, and studies which
pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and
which may affect the cost, progress, performance,or furnishing of the project work as
Contractor deems necessary for the performance and furnishing of the project work at the
Contract Price,within the Contract Times,and in accordance with the other terms and
conditions of the Contract Documents; and no additional or supplementary examinations,
investigations,explorations,tests,reports, or similar information or data are or will be required
by Contractor for such purposes.
3. It is understood that the City shall investigate and determine the qualifications of the apparent
tow responsive bidder prior to awarding the contract. The City shall reject any bid by a
nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good
cause any or all bids,waive formalities,or to accept any bid which appears to serve the best
interests of the City. The City reserves the right to reject any bid not in compliance with all
prescribed public bidding procedures and requirements and may reject all bids for good cause
upon a finding that it is in the public interest to do so. Evaluation of bids will be based on
minimum requirements established by the specifications and compliance with conditions of
the Notice to Contractors and Invitation to Bid, and compliance with City public contracting
rules. Additional evaluation criteria are as follows: None.
4. The deadline to file a written protestor request, pursuant to the Instructions to Bidders to
change contract terms,conditions or specifications is not less than ten"calendar days prior
to bid opening. Bid closing may be extended by the City to consider a protest or request.
5. All of the contract documents, including all plans,specifications,and drawings have been
examined and an examination of the site of the proposed work, together with such
investigations as are necessary to determine the conditions to be encountered have been
made by the undersigned and the terms and conditions of the contract and solicitation
documents are hereby accepted, and that if this Offer is accepted,the undersigned will
contract with the City of Ashland,Oregon, in a form substantially similar to that attached
Agreement and agree to be bound to the terms and conditions of said contract and solicitation
documents.
6. It is understood that the contract drawings may be supplemented by additional drawings and
specifications in explanation and elaboration thereof and, if they are not in conflict with those
referred to in paragraph 1 above,they shall have the same force and effect as though they were
attached, and they shall be accepted as part of the contract when issued.
7. The undersigned agrees that upon written acceptance of this bid s/he wilt,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;
3 1 P a g c
Performance Bond and Corporate Surety Payment Bond,both in the amount equal to 100%
of the awarded contract;
Certificates of Insurance for Liability and property damage coverage;
Certificates of Coverage for Workman Compensation and unemployment insurance;
All other bonds, permits, licenses, etc. as required in the contract documents.
i
8. It is understood that alt the work will be performed under a lump sum or unit price basis and
that for the lump sum or unit price all services,materials, labor, equipment,and at[work
necessary to complete the project in accordance with the plans and specifications shall be
furnished for the said lump sum or unit price named. It is understood that the quantities stated
in connection with the price schedule for the contract are approximate only and payment shall
be made at the unit prices named for the actual quantities incorporated in the completed
work. If there shalt be an increase in the amount of work covered by the lump sum price, it
shalt be computed on a basis of"extra work"for which an increase in payment will have been
earned and if there be a decrease in the lump sum payment, it shalt be made only as a result of
negotiation between the undersigned and the Owner. Furthermore, it is understood that any
estimate with respect to time, materials,equipment, or service which may appear on the plans
or in the specifications is for the sole purpose of assisting the undersigned in checking the
undersigned's own independent calculations and that at no time shall the undersigned
attempt to hold the Owner,the Engineer,or any other person,firm or corporation responsible
for any errors or omissions that may appear in any estimate.
9. The undersigned submits the unit prices as those at which he will perform the work involved.
The extensions of the column headed "ITEM TOTAL"are made for the sole purpose of
facilitating bid comparisons and if there are any discrepancies between the unit prices and the
total amount shown,the unit prices shalt govern.
10. The undersigned agrees to furnish labor,tools, machinery, materials,transportations,
equipment and services of all kinds required for, necessary for,or reasonably incidental to,
construction of this Project with all appurtenant work as required by the plans and
specifications of this Offer for the unit or lump sum prices in the"BID SCHEDULE".
11. In stating prices, it is understood that the prices include all materials and work required to
complete the project in accordance with the Contract Documents,the plans and the
specifications. If any material, item,or service required by the plans and specifications has
not been mentioned specifically in the"BID SCHEDULE,"the same shall be furnished and
placed with the understanding that the full cost to the City has been merged with the several
prices stated in the"BID SCHEDULE."
12. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in
part when the cancellation or rejection is in the best interests of the City as determined bythe
City in accordance with ORS 279B.100
13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance,
and at(other incidental expenses to cover the finished work of the several kinds called for. Unit
prices are to be shown in both words and figures. In case of any discrepancy, the amounts
shown in words shall govern.
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14. Upon receipt of written notice of the acceptance,of its bid, Bidder shalt execute a format
contract with the City within ten (10)days,deliver surety bond or bonds as required', and
deliver required proof of Insurance. The bid security attached in the sum of five percent(5%)of
the total price for the bid or combination of bids is to become the property of the Owner in the
event the contract and bond are not executed within the time above set forth as liquidated
damages for the delay and additional expense to the Owner caused thereby.
15, If the proposed bid price will exceed $50,000.00 the undersigned,as bidder, acknowledges
that provisions of ORS 279C.800 to 279C.870 relating to workers on Public works to be paid not
less than prevailing rate of wage shalt be included in the contract,or in the alternative, if the
project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C.
§276a) bidder agrees to comply with the Davis- Bacon Act requirements. "Prevailing Wage
Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and
can be accessed at:
16. The undersigned shalt furnish bonds required by the specifications and comply with the taws of
the Federal Government,State of Oregon and the City of Ashland which are pertinent to
construction contracts of this nature even though such laws may not have been quoted or
referred to in the specifications.
17. Accompanying this Offer is a certified check, cashier's check or a bid bond,for the sum of
09_4_0�7_ payable to the City of Ashland, Oregon,this being an amount for ten
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 falls to execute a satisfactory contract and bonds as stated in the Advertisement
within ten,(10)working days from the date of notification, then the City may,at its option,
determine that the undersigned has abandoned the contract and there upon this Offer shalt be
considered null and void,and the bid security accompanying this Offer shalt be forfeited to and
become the property of the City of Ashland, If the bid is not accepted,the bid security
accompanying this Offer shalt be returned to the undersigned.
18. The undersigned agrees to comply with the provisions of ORS 279C,800 to 279C,870,the
Oregon Prevailing Wage taw. 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 shalt be included in the contract,or in the alternative, if the project is to be funded
with federal funds and is subject to the Davis-Bacon Act(40 U.S,C. §276a), bidder agrees to
comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be
bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C. 3141 to
3148, [OAR 137-049-0200(1)(a)(J)].
19. The undersigned certifies that the undersigned Contractor is not Ineligible to receive a contract
for a public work pursuant to ORS 279C.860, Bidder further agrees, if awarded a contract, that
every subcontractor will be eligible to receive a contract for a public work pursuant to ORS
279C.860.
20. The undersigned certifies that the undersigned Contractor has not discriminated against
minority,women or emerging small businesses enterprises in,obtaining any required
subcontracts. The bidder understands and acknowledges that it may be disqualified from
bidding on this public improvement project as set forth in OAR 137-049-0370, including but not
5 i 11 a b, e
limited to City discovery a misrepresentation or sham regarding a subcontract or that the
Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing
the Statute.
21, The undersigned agrees that the time of completion shalt be defined in the specifications, and
further,the undersigned agrees to initiate and complete this Project by the date stated below.
* The work shalt be commenced within ten(110)business days after receipt of the written
Notice to Proceed.
e The work shalt be completed in all respects within 60 calendar days from Notice to
Proceed.
e The undersigned agrees that the "Time of Completion" shalt be as defined In the
specifications and that the bidder will complete the work within the number of
consecutive calendar days stated for each schedule after"Notice to Proceed" has been
issued by the Owner. Bidder furthermore agrees to pay as liquidated damages,for each
calendar day thereafter, the amounts shown in Standard Conditions,for each day the
project remains incomplete.
22, The undersigned bidder is registered with the Oregon Construction Contractors Board(CCB),
the registration Is current and valid,and the bidder's registration number Is stated below.[OAR
137-049-0230(1)] Bidder understands that failure to have a current CCB license shalt result In
rejection of this bid,
U 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)l Bidder understands that failure to have a current LCB license shalt
result in rejection of this bid.
24, In determining the lowest responsible bidder,City shalt,for the purpose of awarding the
contract, add a percent Increase on the bid of a non-resident bidder equal to the percent, if
any,of the preference given to that bidder In the state in which the bidder resides. "Resident
bidder"of Oregon means a bidder that has paid unemployment taxes or income taxes in this
state during the 12 calendar months immediately preceding submission of the bid, has a
business address in this state and has stated in the bid that the bidder is a"resident bidder"of
the State of Oregon.The undersigned represents him/her self in this bid to be either a Resident
or a Nonresident bidder by completing the appropriate blank below.
0 Thee Bidder is_X_or is not-a Resident Bidder as defined In ORS
279A.120.
25. The undersigned hereby represents that no Councilor, Commissioner, officer,agency or
employee of the City of Ashland Is personally Interested directly or Indirectly in this Contract or
the compensation to be paid hereunder and that no representation, statement or statements,
oral or in writing, of the City, Its Councilors, Commissioners, officers,agents or employees had
induced him/her to enter Into this Contract, and the papers made a part of its terms;
26. The undersigned has not directly or indirectly Induced or solicited any person to submit a false
or sham bid or refrain from bidding, The undersigned certifies that this bid has been arrived at
Independently and submitted without connection with any person, firm or corporation making
a bid for the some material and is, in all respects,fair and without collusion or fraud.
6 1 P a g
27. 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)]
28, The undersigned confirms that if this contract involves asbestos abatement or removal,the
bidder is licensed under ORS 468A31 0 for asbestos removal. Asbestos abatement is not
implicated in this contract.
29. The City of Ashland may waive minor informa(Ities,reject any bid not in,compliance with all
prescribed public bidding procedures and requirements,and may reject for good cause any or
all bids upon a finding that it is in the public Interest to do so.
30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms
and conditions other than those contained in this Solicitation and the Contract Documents.
31, The bidder understands that the City reserves the right to,make changes to the Notice to
Contractors/Invitation to Bid and the resulting contract by written addenda,prior to the
closing time and date. The City will transmit addenda to registered plan holders but shall
publish notice of any addenda on City's website(www.ashland.or,us)at the Public Works
page. The addenda may be downloaded or picked up at the Department of Public Works, 51
Winblurn Way,Ashland, Oregon. The bidder must check the website and Public Works bulletin
board frequently until closing.
The bidder acknowledges that the Addendum(s)listed below have been reviewed online or a
copy obtained and considered as part of the submittal of this Offer and Bid Schedule,
ADDENDUM NUMBER 1 THROUGH l HAVE BEEN REVIEWED
32, The bidder understands that the City will be awarding the contract to the Responsible Bidder
with the lowest Responsive Bid, OAR 137-049-0200(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.
33, Instructions for First-Tier Subcontractors Disclosure.
Bidders are required to disclose information about certain first tier subcontractors(those,
subcontractors contracting directly with the bidder)when the contract price exceeds$100,000
(see ORS 279C,370). Specifically,when the contract amount of a first-tier subcontractor Is
greater than or equal to: (1)5%of the project bid, but at(east$15,000, or(11)$350,000
regardless of the percentage,you must disclose the following information about that
subcontract within two working hours of bid closing:
• The subcontractor's name and address;
• The subcontractor's Construction Contractor Board registration number, if one is
required,and;
• The subcontract dollar value.
If you will,not be using any subcontractors that are subject to the above disclosure
requirements,you are required to indicate"NONE"on the form. Failure to suibmit this form by
the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be
considered for award.
71 P a g
THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO
SUBMIT'THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BYTHE DEADLINE. SEE
INSTRUCTIONS TO BIDDERS,
Ir e disclosure should be submitted an the First-Tier Subcontractor Disclosure Form!
ched to this Invitation to Bid.
34. Bidder Information and Signature
Carter&Company,hic,
—Firm Name of Bidder Signature of Blddbr
Matthew Todd Carter
Printed Name of Bidder
President
Official"title
Oregon 103592
State of Incorporation CCB Number
Dated this ��I" day of 20_L5.
Name of Bidder Carter&Company,Inc.
Address 4676 Commercial St.SE#203,Salem,OR 97302
Telephone No. (503) 371-4582
g
BID SCHEDULE
N.MOUNTAIN AVENUE OVERLAY PROJECT
Project No.2021.03
Spec. Item
No, No. Item Bid Unit Quantity Will Price Total Price
TEMPORARY FEATURES AND APPURTENANCES
00210 10 Mobilization Lump Sum 1 $ $Sbj rOO $ 3'rp'V00
00221 20 Temporary Proteclion and Direction of Traffic Lump Sum 1 $ t1D1 d$if $ 11 D1 '$f
00222 30 Temporary Signs Sq Ft 385 $ 30,00 $ 11.550,00
00222 40 Portable Changeable Message Signs Each 4 $ 8.400.00 $ 33.600.00
00223 50 Flaggers Hour 2,240 S 7TGC $ 172,480.00
00223 60 Flagger Stalion Ughting Each 4 $ 5,500.00 $ 22.000-00
00223 70 Aulumated Flagger Assistance Device Each 2 $ 7,500.00 $ 15.000.00
00224 BD Temporary Barricades,Type II Each 8 $ 80.00 $ 640.00
00224 90 Temporary Barricades,Type ill Each 11 $ 225 00 $ 2,475.00
00224 10D Temporary Plasllc Drums Each 24 S 6000 $ 1.44D.00
00225 110 Temporary Removable Tape Foot 400 S 3.12 S 1.248.00
00225 120 Temporary SlripAg Foot 14.000 $ 0.45 S 6.300-00
00226 130 Temporary Barrier Foot 50 S 18.00 S 900.00
00226 140 Arlin^mum Deflection Bridgo Temporary Barrier Foot 100 3 30.00 S 3,000,00
00226 150 Temporary ImpactAllenuator Narrow Site System Each 2 $ 4.000,00 S 8.000,00
00226 160 Moving Temporary Impact Atlenuators.Narrav Site System Each 2 $ f.500,00 S 3.0030
00228 170 Pedestrian Channelizing Devices Foot 65 $ 30,00 $ 1,96000
CO253 180 Temporary Work Access and Containment Lump Sum 1 $ 35,000,00 $ 35,000.00
00280 190 Eroslan Control Lump Sum 1 $ 16,000,00 S 15,000.00
00280 200 Compost Eros=on Blanket Sq Yd 66 $ 12.00 $ 792.00
OD280 210 Construction Entrance,Type I Each 4 $ 2,000.00 $ 8,000.00
00280 220 Concrete Washout Facility Each 4 $ 1,200.00 $ 4.800.00
00280 230 Temporary klulrhing,Straw Arre 0.05 $ 15,000.00 $ 750.00
00280 240 lo'et Protection,Type 3 Each 1 $ 250.00 $ 250.00
00280 250 Inlet Protection,Type 7 Each 30 S 90.00 S 2,700,00
00280 260 Sedimenk Fence Fout 481 $ 5.00 $ 2405,00
00280 270 Sediment Sarrfer,Type 8 Font 75 $ 9.00 $ 675,00
00290 280 Work Containment Plan Lurnp Sum 1 $ 3,000.00 $ 3.000 00
00290 290 Pol:ution Control Plan Lurnp Sum 1. $ 3,000,GO $ 3.00000
ROADWORK
00305 300 Construction Survey Work Lump Sum I S 70.000,00 $ 70,000.00
00310 .310 Removal of Structures and Obstructions Lump Sum 1 $ 30,000.00 S 30,000.00
00320 320 Clearing and Grubbing Lump Surn 1 $ 30,000.00 $ 30,000.00
00330 330 General Excavation Cu Yd 5,397 $ 35.00 $ 189,895.00
OD330 340 Slone Embankment Cu Yd 20 $ 120.00 S 2,400.00
00331 350 12 Inch Sulcgrade Stabilization Sq Yd 900 $ 36.00 S 32460 0D
00350 360 Subgrade Geolexll�e Sq Yd 9,O08 $ 2.60 $ 23,420,80
0035D 370 Riprap Geotexl0a,Typa 1 Sq Yd 11 $ 80.00 $ 88000
00390 380 Loose Riprap,Class 50 Cu Yd 2,5 S 350.00 $ 875 00
DRAINAGE AND SEWERS
004,15 390 12 Inch Storm Sav,,Pr Pipe,5 Ft Depth Foot 45 S 150,00 $ 6,750.00
00470 400 Concrete In?ets.Type CG-3 Each 1 3 3,500,00 $ 3,500.00
00470 410 Concrete Monument Boxes Each 5 $ 600.00 $ 4,000.00
00410 420 Catch Basin Inserts Each 1 $ 1,000.00 $ 1,000.00
00490 430 Adjusting Boxes Each 34 $ 150.00 $ 5,100.00
00490 440 Connerboo To Existing Structures Each 1 $ 1,500.00 $ I'6DD.00
00490 450 Adjusting hVets Each 10 $ 1,500.00 $ 15,000.00
0,0490 460 Minor Adjustment of klanho!es Each 11 $ 1.200.00 S 13,200,00
00490 470 Major Adjustment of hlaoholes Each 1 $ 5,000.00 $ 5,000,0)
BRIDGES
00501 480 Bridge Removal Work Lump Sum 1 3 30.000,00 S 30.000.00
00503 490 Badge Deck Cold Plane Pavement Removal.0-4 Inches Deep Sq Yd 65 $ 55.00 S 3,575.00
00504 500 Class 2 Preparation Sq Yd 34 $ 630.00 $ 21,420.00
00530 510 Reinforcement,Grade 60 Lump Sum 1 $ 10.000.00 $ 10,000.00
00540 520 General Structural Concrete,Class 3300 Lump Sum 1 $ 15,000.00 $ 15,600.00
00556 530 Furnish MPCO flatertal Sq Yd 340 $ 27.00 $ 9.180.00
00556 540 Construct MPCO Sq Yd 340 $ 27.00 S 9.l80.00
00585 650 Backer Rod Lump Sum 1 $ 2,500.00 $ 2,500,00
00597 560 Type"F"Concrete Rail.ModiPed Lump Surn 1 $ 40,000.00 $ 40.000,00
005B7 570 Pedestrian flail Lump Sum 1 6 25.000.00 $ 25.0D0 00
00589 580 Uti`ly ANachrrienl on Strucluras Lump Sum 1 $ 10,000,OD $ 10,000 00
BASES
00610 590 Recondition Exlsling Roadway Lump Sum t S 20.000-00 S 20.000.00
00620 600 Co'd Plane Pavement Removal,5.6 Inches Oeep Sq Yd 3,274 $ 5.00 S 26,192.00
00640 610 Decomposed Grande Surfacing Ton 1 5 $ 4,ODD,00 $ 6.00-00
00641 620 Aggregate Base Ton 6.243 $ 37-00 $ 230,991.00
WEARING SURFACES
0,0730 530 Emulsified Asphalt for Tack Coat Ton 6 $
W744 6,10 Level 2, V2 Inch ACP Mixlure,wth Fibers Ton 1,379 $ 11 3� .r
D0744 650 Level 2.112Inch ACP Mixture Ton 3,767 $ 1*/ •%� $ 1633,'T •vv
00748 660 21 Inch Asphalt Concrete Pavement Repair Sq Yd 92 $ yyy 6S $ a 71 SOP e0l
Page I of 2
e
BID SCHEDULE
N.MOUNTAIN AVENUE OVERLAY PROJECT
Project No,202f•03
Spec. Item
No. Plo. Item Bkd Unit Quantity Unil Price Total Price
00749 670 Extra for Asphalt Approaches Each 1 5 +j 60a $
00759 680 Concrete Curbs.Curb and Gutter Foal 1.631 5 45,00 $ 73,395.00
00759 690 Concrete Curbs,Standard Curb Foot 9f f $ 40.00 $ 36,440.00
00759 700 Concrete Walks Sq Ft 5,953 5 11,00 $ 65,463.00
00759 710 Concrole Islands Sq Ft 620 S 11,00 $ 6.820.00
00759 720 Truncated Dames on New Surfaces Sq Ft 814 S 40.00 $ 32,56100
PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES
00810 730 Midwe4t Guardrail System,Type 2A Foot 175 S 40.00 $ 7.000,00
00810 740 rllidvrest Guardrail System,Type 3 Foot 12.5 S 70.00 S 875,00
00810 750 Guardrail Transition Each 1 S 5,000.00 $ 5,000OD
00810 760 Guardrail Terminals,NomFlared Each 3 S 4,500.00 $ 13,50000
GOB 10 770 Extra for 8 Foot Posts Each 20 S 50.00 $ 1,000,00
00810 780 Extra for Hand Dug Guardrail Post Ho!es Each 1 S 425.00 $ 42600
Di 790 Bi•Dkerlional Yellow Type I Markers Each 14 S 9.00 $ 126.00
00856 800 Permanent Surface Mounted Tubular Markers Each as S 325.00 $ 28.600.00
00865 810 Thermoplaslic.Extruded.Surface,Mon-Prpfi?ed Fool 18,86D S 1,48 $ 27,912.80
00867 820 Pavement Legend.Type B-HS:Arrows Each 4 $ 400,00 S 1.600.00
00867 630 Pavement Legend.Type B-HS: 'Only` Each 2 S 850,00 5 1,700.00
00867 840 Pavement Legend,Type B-HS:Bicycle Lane Stencil Each #1 $ 400,00 5 4,400.00
00867 850 Pavement Legend,Type B-HS:Pedestrian Stenc4 Each 4 $ 850,00 5 3,400.00
00867 860 Pavement Bar.Type B-HS Sq Ft 1,015 $ 15-25 S 15,478.75
00868 870 Green Bcycle Lane.Preformed Thermoolast'c Fr'm Sq F1 25 685 $ 9.26 5 237.643.10
00869 880 Curb Marking.Paint Foot 110 $ 1 50 S 165.00
PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS
00905 89D Remove Existing Signs Lump Sum 1 $ 3.650.00 $ 3,650.00
G0905 900 Remove and Reinstall Existing S9ns Lump Sum 1 $ 1,000.00 S 1,000.00
00920 910 Sign Support Footings Lump Sum 1 $ 5.000.00 5 5 000 00
00939 920 Perforated Steel Square Tube Anchor Sgn Supports Lump Sum 1 $ 9,000.00 $ 9,000.00
00940 930 Signs.Standard S1teelmg.Extruded Aluminum Street Name Sign Sg FI 50 $ 35,DO S 1.750.00
00940 940 Signs.Slandard Sheeting.Sheet Aluminum Sq Ft 265 $ 32,DO S 8,480.00
M970 950 Po!e Foundalrons Lump Sum f $ 4 d>,J#*S I'D7o&to
00970 960 Luminaires.Lamps and Ballasts Lump Sum f $ �fQ� S Y��•
00970 970 Switching.Conduit,and Yliring Lump Sum I S 1ill"0 S ($(9,IOt�
00970 980 Lighfrig Poles and Arms Lump Sum I S �'1f��p $ 5'0,0e4:0
00990 990 Flash'ng Beacon Installation.Mountain Avenue at Neperlhe Road Lump Sun] I $ �p Z��' $ 460 IF
yogi"
00990 1000 Flashng Beacon Installation,Mc,unlain Avenue at Briscoe Place Lump Sum 1 5 sJ��dra $ 54100WO
RIGHT OF WAY DEVELOPMENT AND CONTROL
01030 1010 Lavm Seeding Sq Yd 107 S 12.00 S 1,284,00
01030 1020 Permanent Seeding Acre 0.05 $ 22,00000 $ 1,100.00
01040 1030 Topsoil Cu Yd 90 5 93.00 $ 8,370.00
Shrubs,41 Conlainar Arclostaphy!os Pacific Mist'-Pacific Mist Llanzan'ta
01040 1040 Arclustaphylos'Pacific Artist'-Pacific Alisl Alanzanaa Eaoi] 38 S 34 00 $ 1.292.00
01040 1050 Shrubs,#1 Container Caryopteris'Dark Night -Dark Knght Bluebeard Each 61 $ 3400 $ 2,754.00
D1040 1060 Shrubs,#1 Container Juniperus conferta'Pacifiic Blue'-Blue Pacific Shore Jumper Each 24 $ 34 DO $ 81600
0104D 1070 Shrubs,#1 Conlainer Rhus aromatica'Gro Low -Gro-Low Fragrant Sumac Each 50 $ 3400 S 1 700.00
01040 1080 Grasses,91 Container Muhenberg;a 6gens-Deergrass Each 114 $ 34 00 $ 3,876.00
O f040 1090 Grasses.91 Container Pan cum Heavy Melal'-Heavy Metal Prairie Grass Each 81 5 3400 $ 2,754.00
01040 1100 Deciduous Trees,2'raliper AeerGrand'denlatum-big Tooth iMape Each I S 65000 $ 650,00
01040 1110 Deciduous Trees,2'caliper Tilla Cordata-L Ifle Leaf Linden Each 1 00 5 65000 S 650,00
01040 1120 Rockhlu'ch Tan 75 $ 12700 $ 9,525,00
01040 1130 Bark PJu'ch Cu Yd 28 $ loam S 3,024.00
01040 1140 Weed Control Geolexfile Sq Ft 64 5 3.00 S 192-00
01069 1150 Metail Handrail,Two Rats Foot 32 $ 240 00 S 7.680-00
01070 II60 Alu'iipe%lalboxSupports Each 1 5 1A0000 S 1.40000
01095 1 170 Remove and Reinstall Benches Each 1 5 1,200 00 $ 1.200 00
WATER SUPPLY SYSTEMS
01120 1 180 Inigat'on System Lump Sum ! $ 92.5000 S 92.503 DO
,TAB $ s or - �r/. o
Matthew d C -r r//r//CK 4j11�, rifTfi� illw+ri� TLsI�b�
-fame of Aulhor:zed Reoreseategve Total'Nrlllen'.n Duia•s tf 7Iry
Aulhonxed RepresenEative Signalu•e Date
Page2of 2