HomeMy WebLinkAbout2026-073 CONTR Pilot Rock Excavation - East Main Park Public Improvements C I T Y O F
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PUBLIC IMPROVEMENT CONTRACT
FOR
EAST MAIN PARK PUBLIC IMPROVEMENTS
PROJECT NO. 2024-16
This Public Improvement Contract(hereinafter"Contract") is entered into by and between the CITY
OF ASHLAND, an Oregon municipal corporation (hereinafter"City"), and Pilot Rock Excavation
(hereinafter"Contractor"). This Contract incorporates the attached `Contractor Data, Certification,
and Signature' page as well as Exhibits A-I.
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:
Kevin Caldwll
2. WORK:
2.1. The Work under this Contract is for the EAST MAIN PARK PUBLIC IMPROVEMENTS,
Project No.2024-16 as more fully described in the Contract Documents listed in Section 5
of EXHIBITA, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT
CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents.
The Work generally consists of road widening, restriping for bike and travel lanes,
installation of new curb, gutter, sidewalk, storm drainage, irrigation, street lights,ADA curb
ramps, driveway approaches, and landscaping on East Main Street between Clay Street
and Crocker Street..
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 permits,
labor, tools, machinery, materials,transportation, equipment and services of all kinds
required for, necessary for, or reasonable incidental to, performance of the Work,that is,
the construction of the EAST MAIN PARK PUBLIC IMPROVEMENTS, Project No. 2024-16.
City of Ashland 24
Contractor shall secure all municipal, County, State, or Federal Permits or licenses
including payment of permit fees, license fees, and royalties necessary for or incidental to
the performance of the Work. The risk of loss for such Work shall not shift to the City until
written acceptance of the Work by the City.
3. EFFECTIVE DATE AND DURATION:
This Contract is effective as of the date of execution by the City(the"Effective Date"). All Work
under this Contract shall, unless otherwise terminated or extended, be completed on or before
December 31, 2026.
4. CONSIDERATION
4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents,the sum of $386,340.00 for performingthe Work required
bythis Contract, including allowable expenses.This sum cannot be modified except by
Change Order approved in writing by the City.Any progress payments to Contractor shall
be made only in accordance with the schedule and the requirements as set forth in the
Standard Terms and Conditions.
4.2. City certifies that sufficient funds have been appropriated to make payments required by
this Contract during the current fiscal year. Contractor understands and agrees that City's
payment of amounts under this Contract attributable to Work performed after the last day
of the current fiscal year is contingent upon City appropriations, or other expenditure
authority sufficient to allow City in the exercise of its reasonable discretion,to continue to
make payments under this Contract. In the event City has insufficient appropriations,
limitations or other expenditure authority, City may terminate this Contract without
penalty or liability to City, effective upon the delivery of written notice to Contractor,with
no further liability to Contractor.
5. CONTRACTOR'S REPRESENTATIONS
In order to induce City to enter into this Contract, Contractor makes the following
representations:
5.1. Contractor has examined and carefully studied the contract documents, and any data and
reference items identified in the contract documents.
5.2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect
cost, progress, and performance of the Work.
5.4. Contractor has carefully studied all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified or provided in the
project bid documents especiallywith 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.
City of Ashland 25
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 Citywritten 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 personal jurisdiction of said courts. In no event shall this section be construed as a
waiver of the City of any form of defense or immunity.
City of Ashland 26
CONTRACTOR DATA,CERTIFICATION,AND SIGNATURE
Business Name (please print): Pilot Rock Excavation, Inc.
Contact Name: Jeff Fowler, Vice President
Phone: 541-779-4916 Fax:
Address 356 Bateman Drive Central Point, OR 97502
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be
submitted with the signed contract to be kept on file in the City ofAshland Finance Department.
Ashland Business License# 14002528 Construction Contractors Board # 157139
Citizenship: Nonresident alien Yes X No
Business Designation (check one): Individual __Sole Proprietorship
Partnership x__Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be
reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided
above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not
matching IRS records could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A)together with Exhibits Bthrough I togetherwith all other Contract Documents
as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon
2024 Standard Specifications for Construction, as amended by the City of Ashland's most recent
Addenda to the 2024 Standard Specifications are an integral part of this contract and agree to
perform the work described 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 I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification
and representations in Standard Term and Condition#16[CCB Registration Requirements] are true
and correct, and further I certifythat I am an independent contractor as defined in ORS 670.600.
City of Ashland 27
CONTRACTOR:
Jeff Fowler(Jun 23,2026 14:27:58 PDT)
Signature/Title
_Jeff Fowler,Vice President________
Printed name
Jun 23, 2026
Date
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has
been executed by the Public Contracting Officer or designee.
CITY OF ASHLAND SIGNATURE
CITY:
Sabrina Cotta
City Manager, City of Ashland
24/06/2026
Date
ATTACHMENTS: Certificate of Representation
Standard Terms&Conditions and Exhibits
Bid Schedule
Insurance Requirements
City of Ashland 28
CERTIFICATE OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID(or iswaitingforthe numberto be issued
to it; and
(b) Contractor is not subjectto backup withholding because
(i) it is exempt from backup withholding or
(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or
(iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further
represents and warrants to City that
(a) it has the power and authority to enter into and perform the work,
(b) the Contract,when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the
contract documents, and has checked four or more of the following criteria:
I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
x_(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
Telephone listing is used for the business separate from the personal residence
listing.
Labor or services are performed only pursuant to written contracts.
x__(5) Labor or services are performed for two or more different persons within a period of
one year.
x__(6) 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.
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Contractor Jeff Fowler,VP Pilot Rock Excavation, Inc.
Jun 23, 2026
Date
City of Ashland 29
EXHIBITA
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 C.
c. Contractor will be responsible for any federal or state taxes applicable to any
compensation or payment paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance,
state Public Employees' Retirement System, or workers'compensation benefits from
compensation or payments to Contractor under this contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract, or assign, sell,
dispose of, or transfer any of its interest in this contract, nor delegate duties under the
contract, either in whole or in part,without the prior written consent of the City. Such consent if
provided shall not relieve the Contractor of any of the obligations under the contract.Any
assignee or transferee shall be considered the agent of the contractor and be bound to abide by
all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or
transfer of the Contractor's rights or delegation of Contractor's duties,the Contractor and its
Surety, if any, shall remain liable to the City for complete performance of the Contract as if no
such assignment, sale, disposal,transfer or delegation had occurred unless the City otherwise
agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release
Contractor from any obligations of contract with City. Contractor will provide in all subcontract
agreements that the Subcontractor, material supplier and equipment supplier will be bound by
the terms and conditions of this Contract to the extent that they relate to the Subcontractor's
work, material or equipment. All Subcontracts are assignable to the City at City's option, in the
event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work
under this Contract in the same manner Contractor is bound to City. Contractor further agrees
that if subcontractors are employed in the performance of this contract,the Contractor and its
subcontractors are subject to the requirements and sanction of ORS Chapter 656,Workers'
Compensation.
3. No Third-Party Beneficiaries
City and Contractor are the only parties to this Contract and are the only parties entitled to
enforce its terms. Nothing in this Contract gives or provides any benefit or right,whether
directly, indirectly, or otherwise,to third persons unless such third persons are individually
City of Ashland 30
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 Addend ums, all attached hereto, and incorporated herein bythis reference, together
with the Prevailing Wage(BOLT)if applicable AND any other separately bound reference,
Oregon Standard Specifications for Construction if applicable, 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.
In the event of a conflict between the terms and conditions included in the Contract
Documents,the order of precedence shall be:
Permits from governmental agencies;
Addenda issued during bidding;
Contract Change Orders;
• Project Specifications
Stamped Agency-prepared drawings specifically applicable to the Project and bearing
the Project title;
Reviewed and accepted, stamped working drawings;
3D engineered models and supplemental Agency-prepared line, grade and cross
section data applicable to the Project;
Standard Drawings;
Approved unstamped working drawings and 3D construction models; and
All other Contract Documents not listed above. Notes on a drawing shall take
precedence over drawing details.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the
Contractor in the Contract Documents, including specifically the Offer, are true and correct
and are incorporated herein by this reference. Contractor further certifies that Contractor has
City of Ashland 31
given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has
discovered in the Contract Documents, and the written resolution thereof by the City is
acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate
and convey understanding of terms and conditions for performing and furnishing the project
work.
7. Drug Testing[ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its
employees that includes, at a minimum,the following:
i. 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.
b. A drug-testing program that meets the above requirements will be deemed a "Qualifying
Employee Drug-testing Program." For the purposes of this section, an employee is a
"Subject Employee"only if that employee will be working on the Public Improvement
project job site.
c. By executing and returning this contract the Contractor certifies, represents and
warrants to the City that a Qualifying Employee Drug-testing Program is in place at the
time of execution,will continue in full force and effect for the duration of this contract,
and that Contractor will comply with the provisions of subsection (d) below. Further,
the City's performance obligation (which includes,without limitation,the City's
obligation to make payment) is contingent on Contractors compliance with this
representation and warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing
Program for the subcontractor's Subject Employees, and represent and warrant to
the Contractor that the Qualifying Employee Drug-testing Program is in place at the
time of subcontract execution and will continue in full force and effect for the
duration of the subcontract; or
ii. Require that the subcontractor's Subject Employees participate in the Contractor's
Qualifying Employee Drug-testing Program for the duration of the subcontract.
8. Notice to Proceed
Written Notice to Proceed will be given by the City after the Contract has been executed and
the Performance Bond, Payment Bond, and all required insurance documents approved.
Notice To Proceed shall not be unreasonably delayed and shall generally occurwithin 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
City of Ashland 32
project work within ten (10)days of the date of the written Notice To Proceed. Contractor is not
to commence work under the Contract prior to such written notice.
9. Suspension of the Work
The City, and its authorized representatives, may suspend portions or all of the project work
due to causes including, but not limited to:
a. Failure of the Contractor to correct unsafe conditions;
b. Failure of the Contractor to carry out any provision of the Contract;
c. Failure of the Contractor to carry out orders;
d. Conditions, in the opinion of the City,which are unsuitable for performing the project
work;
e. Allowance of time required to investigate differing site conditions;
f. Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional
compensation if the work is suspended pursuant to subsections(a), (b)or(c). If the project
work is suspended pursuant to subsection (f),the Contractor is entitled to a reasonable
extension of the contract time and reasonable compensation for all verified costs resulting
from the suspension plus a reasonable allowance for overhead with respect to such costs.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination. The foregoing provision
concerning compensation in the event of a suspension of Work of this contract shall not apply
if such suspension occurs as a result of the Contractor's violation of any Federal,State, or
Local statutes, ordinances, rules or regulations, or as a result of 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 Cityand the Contractor, by mutual written agreement, may terminate this Contract
at anytime.
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 anytime 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 partywritten 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.
City of Ashland 33
11. Payment on Early Termination
a. If this contract is terminated under 10(a),(b), or(c),the City shall pay the Contractor for
work performed in accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City,
then the City shall pay the Contractor as provided in subsection (a)of this section.
c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor,
then the City shall pay the Contractor as provided in subsection (a)of this section,
subject to set off of excess costs, as provided for in section 12, Remedies.
12. Remedies
In the event of termination under 10(d), by the City due to a breach by the Contractor,then the
City may complete the work either itself, by agreement with another contractor, or by a
combination thereof. In the event the cost of completing the work exceeds the remaining
unpaid balance of the total compensation provided under this contract,then the Contractor
shall pay to the City the amount of the reasonable excess. After notice of termination under
paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with
immediate and peaceful possession of the Project site and premises, and materials located on
and off the Project site and premises for which the Contractor received progress payment. In
no circumstances shall Contractor be entitled to lost profits due to termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor
shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies
that are available.
In the event of breach of this Contract by the City,then the Contractor's remedy shall be limited
to termination of the Contract and receipt of payment as provided in section 11(b).
13. Access to Records
Contractor shall maintain, and the City and its authorized representatives shall have access to
all books, documents, papers and records of Contractor which relate to this contract for the
purpose of making audit, examination, excerpts, and transcripts for a period of three years after
final payment. Copies of applicable records shall be made available upon request. Payment
for cost of copies is reimbursable bythe City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to
background data, documentation and staff work that is preliminary to final reports, are the
property .of City. Draft documents and preliminary work submitted to the City for review and
comment shall not be considered as owned, used or retained by the City until the final
document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights,trade secrets,
patents and all other intellectual or other property rights in and to such work products. Pre-
existing trade secrets of the Contractor shall be noted as such and shall not be considered as a
City of Ashland 34
work product of this contract. All such work products shall be considered "works made for
hire" under the provisions of the United States Copyright Act and all other equivalent laws.
Use of any work product of the Contractor by the City for any purpose other than the use
intended by this contract is at the risk of the City. Use of any work product by Contractor is
prohibited without the written consent of the City. All documents or other materials submitted
to City by Contractor shall become the sole and exclusive property of City. Such materials are
subject to Oregon Public Records laws.
15. Compliance with Applicable Law
Contractor certifies and shall comply and require all Subcontractors to comply with all federal,
state,and local laws and ordinances, including specifically City of Ashland and State of Oregon
Public contracting laws and rules applicable to the work under this Contract, including without
limitation ORS Chapter 279A, ORS Chapter 279B, ORS Chapter 279C, ORS 279C.500 through
279C.670, and specifically ORS 279A.120(3), ORS 279C.515, ORS 279C.520, ORS 279C.530,
ORS 279C.830 and ORS 279C.580. In addition,the provisions of ORS 279C.360, ORS
279C.365(4), and ORS 279C.370(Bid Documents and Disclosure); ORS 279A.010(p), 279A.120,
279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110(Prohibition on
Discrimination in Subcontracting); ORS 279C.585(Substitution first-tier Subcontractor); ORS
279C.650 to 279C.670 (Termination); ORS 279C.520, ORS 279C.540, 279C.545 (Hours); ORS
279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565
(Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625(Bonds) ORS
279A.125 (Recyclable Products)are all incorporated into this contract by this reference as
though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply
with: (i)any requirements of the DAVIS BACON ACT(40 U.S.C. 3142 and applicable Davis-
Bacon Related Acts; (ii)Title VI of the Civil Rights Act of 1964; (iii)Section V of the Rehabilitation
Act of 1973; (iv)the Americans with Disabilities Act of 1990, (v)ORS 659A.142, (vi)all
regulations and administrative rules established pursuant to those laws; and (vii)all other
applicable requirements of federal and state civil rights and rehabilitation statues, rules and
regulations. In addition, Contractor expressly agrees to comply with all federal and state tax
laws. A condition or clause required by law to be in this contract shall be considered included
and incorporated into the Contract and made a part hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction
Contractors Board or licensed by the State Landscape Contractor's Board in accordance with
ORS 701.035 to 701.055 and, further,that all subcontractors performing work as described in
ORS 701.005(2)(i.e., construction work)will be licensed with the Construction Contractors
Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035
to 701.055 before the subcontractors commence work under the contract.
17. Prevailing Wages/BOLI Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as
provided in ORS 279C.800 through 279C.870,that in performing this Contract,
Contractor will pay and cause to be paid not less than the prevailing rate of wages as of
City of Ashland 35
the date of the Public Notice, per hour, per day, and per week for and to each and every
worker who maybe employed in and about the performance of the Contract. In
accordance with ORS 279C.838, each worker in each trade or occupation employed in
the performance of the Contract either by Contractor, subcontractor or other person
doing or contracting to do or contracting for the whole or any part of the work on the
Contract shall be paid not less than the applicable state or federal prevailing rate of
wage,whichever is higher. Copies of the current BOLI prevailingwage schedule and
federal wage rate schedule, if applicable, can be found at the followingwebsite:
https://www.oregon.gov/boti/WHD/PWR/Pages/pwr_state.aspx. When both federal
and state prevailingwages are required to be included in the contract specifications,
the City shall also include in the specifications information showingwhich prevailing
rate of wage is higher for workers in each trade or occupation in each locality, as
determined bythe Commissioner of the Bureau of Labor and Industries under ORS
279C.815 (2)(c).
b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870,
Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL
COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the
existing prevailing rate of wage that may be paid to workers in each trade or occupation
required, in the form of a BOLI document, is included in the contract and bid
documents and made a part hereof by this reference. For public works for which the
contract price is$50,000 or more, all workers shall be paid not less than such specified
minimum hourly rate of wage. [ORS 279C.830(1)]
c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and
Industries pursuant to the administrative rule of the commissioner and as provided in
ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60
days from the date work first begins on the Contract, or as otherwise provided by
administrative rule,whichever is the earliest date. The fee is payable to the Bureau of
Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon
Street#32 Portland Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors
Board a public works bond with a corporate surety authorized to do business in this
state in the amount of$30,000 as required by ORS 279C.836 and shall cause all
subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)]
The bond must provide that the contractor or subcontractor will pay claims ordered by
the Bureau of Labor and Industries to workers performing labor upon public works
projects.The bond must be a continuing obligation, and the surety's liability for the
aggregate of claims that may be payable from the bond may not exceed the penal sum
of the bond.The bond must remain in effect continuously until depleted by claims paid
under this section, unless 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
(BOLT), 800 NE Oregon#32, Portland, Oregon 97232 a certified statement in writing that
conforms to the requirements of ORS 279C.845.
18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
City of Ashland 36
Pursuant to ORS 279C.520, no person maybe employed for more than 10 hours in anyone day,
or 40 hours in anyone 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 any one week
when the workweek is five consecutive days, Monday through Friday; or
2. For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week
when the workweek is four consecutive days, Monday through Friday; and
b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
c. Collective bargaining and negotiated labor agreements may provide exceptions to the
requirements of this section and from ORS 279C.520 and ORS 279C.540.
d. When labor is employed bythe Citythrough another as a contractor, anyworker
employed by the contractor shall be foreclosed from the right to collect for any
overtime provided in ORS 279C.540 unless a claim for payment is filed with the
contractor within 90 days from the completion of the contract, providing the contractor
has:
1. Caused a circular clearly printed in boldfaced 12-point type font and containing a
copy of this section to be posted in a prominent place alongside the door of the
timekeeper's office or in a similar place that is readily available and freelyvisible 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 employers, including Contractor, that employ subject
workers who work under this contract in the State of Oregon shall comply with ORS
656.017 and provide the required Workers Compensation coverage unless such
employers are exempt under ORS 656.126. Contractor shall ensure that each of its
subcontractors complies with these requirements.
20. Retainage
City of Ashland 37
The withholding of retainage by a contractor or subcontractor on public improvement contracts
shall be in accordance with ORS 701.420. [ORS 279C.555] "Retainage" means the difference
between the amount earned by a contractor on a public improvement contract and the amount
paid on the contract by the City. [ORS 279C.550] Moneys retained by contracting agency
under ORS 279C.570(7)shall either be: (a) retained in a fund by the City and paid to the
contractor in accordance with ORS 279C.570; or(b)At the election of the contractor, paid to
the contractor in accordance with the two options below:
• The contractor may deposit bonds, securities, or other instruments with the City or in any
bank or trust company to be held in lieu of the cash retainage for the benefit of the
contracting agency. In such event the City shall reduce the retainage in an amount equal to
the value of the bonds, securities or instruments. and pay the amount of the reduction to
the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall
accrue to the contractor.{or}
• If the contractor elects,the City shall deposit the retainage, as accumulated, in an interest-
bearing account in a bank, savings bank,trust company or savings association for the
benefit of the City. Earnings on the account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in
ORS 279C.560(1)or(5),the City may recover such costs from the contractor by reduction of the
final payment.As work on the contract progresses,the contracting agency shall, upon demand,
inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu
of retainage, as permitted above, shall be of a character approved by the City Attorney and City
Finance Director, including but not limited to:
a. Bills, certificates, notes or bonds of the United States.
b. Other obligations of the United States or its agencies.
c. Obligations of any corporation wholly owned by the federal government.
d. Indebtedness of the Federal National Mortgage Association.
e. General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not
typically associated with such bond or instrument,the contractor may deposit a surety bond
for all or any portion of the amount of funds retained, or to be retained, by the City in a form
acceptable to the City.The bond and any proceeds there from shall be made subject to all
claims and liens and in the same manner and priority as set forth for retainage under ORS
279C.550 to 279C.570 and 279C.600 to 279C.625.The City shall reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the contractor in
accordance with ORS 279C.570.Whenever a City accepts a surety bond from a contractor in
lieu of retainage,the contractor shall accept like bonds from any subcontractor or supplier
from which the contractor has retainage.The contractor shall then reduce the retainage in an
amount equal to the value of the bond and pay the amount of the reduction to the
subcontractor or supplier. [279C.560]
21. Progress Payments
City of Ashland 38
a. Payment for all work under the Contract will be made promptly by the City at the price
or prices bid, and those prices shall include full compensation for all approved
incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month
and submit to the City for approval, before the fifth of the following month, or as
mutually agreed between the Contractor and City. These estimates shall include value
of labor performed and materials incorporated in the work since commencing work
under the Contract. Such estimates need not be made by strict measurements and
may be approximate only and shall be based upon the whole amount of money that will
become due according to terms of the Contract when Project has been completed. The
City may include in payments eighty five percent(85%)of the cost to Contractor of
materials or equipment not yet incorporated in the Work but delivered and suitably
stored at the site, or at some other location agreed upon in writing. Such a payment
shall be conditioned upon submission by the Contractor of bills of sale or such other
documentation satisfactory to the City Attorney to establish the City's title to such
materials or equipment or otherwise protect the City's interest including applicable
insurance and transportation to the site, and a statement from Contractor explaining
why it is necessary to procure said equipment and/or materials. When such payments
are made,the Contractor warrants and guarantees that the title to all materials and
equipment covered by a progress payment,whether incorporated in the project or not,
will pass to the City upon receipt of such payment by the Contractor,free and clear of
all liens, claims, security interests or encumbrances. Notwithstanding the above,when
the progress estimate indicates that the progress payment would be less than one
thousand dollars ($1,000), no progress payment will be made for that estimate period,
unless approved by the City.
c. If the Contract price is determined, in whole or in part, on a Lump Sum basis,
Contractor shall prepare an itemized cost breakdown relating thereto and have the City
approve same before commencing work; progress estimates based on said itemized
cost breakdown may be the basis for progress payments. Upon direction by the City,
Contractor shall provide for revision of the costs breakdown to reflect the true costs of
the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in
making progress estimates on the work. In case said unit prices do not, in the opinion
of the City,truly represent actual relative costs of different parts of work,a percentage
of the Unit Price may be used in making progress estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due
to Contractor's operations including,without limitation, claims from any City
Department or other governmental agency, an amount equal to the claim may be
withheld from the progress payments,final payments or retainage until such claim has
been resolved to the satisfaction of City.
f. Progress payments will be made by City on a monthly basis within thirty(30)days from
sign off by the Contractor of the progress payment or fifteen (15)days after the payment
is approved by City of work performed,whichever is the earlier date. Failure to pay
progress payments within the timeframe set forth above will result in the imposition of
interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be
addressed as set forth in ORS 279C.570(4)(5)(6).
City of Ashland 39
g. Payment will be issued by City for the amount of the approved estimate, less five
percent(5%) retainage. Except as provided in paragraph 19 above and the applicable
ORS Sections noted herein, such amount of retainage shall be withheld and retained by
City until it is included in and paid to Contractor as part of the final payment of the
Contract amount. Upon Substantial Completion of the work under the Contract which
shall be understood to be not less than ninety-seven and one-half percent(97.5%)of
the work,the City may, at its discretion, reduce the retained amount equivalent to not
less than one hundred percent(100%)of the contract value or estimated value or
estimated cost,whichever is greater, of the work remaining to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such
approval if, in the City's opinion, and in good faith,the work has not progressed to the
point indicated by the Contractor's submittal. The City may also decline to approve an
application for payment or may reduce said payment or, because of subsequently
discovered evidence or subsequent inspections, City may nullify the whole or any part
of any payment previously made to such extent as may be necessary in their opinion to
protect the City from loss because of: (1)defective work not remedied, (2)third party
claims filed or failure of the Contractor to make payments properly to Subcontractors
for labor, materials or equipment, unless Surety consents to such payment,
(3) reasonable doubt that the work can be completed for the unpaid balance of the
Contract sum, (4)damage to another contractor's work, (5) reasonable indication that
the work will not be completed within the Contract time, (6) unsatisfactory prosecution
of the work by the Contractor, (7)claims against the Contractor by the City, (8)failure to
submit a construction schedule or failure to keep said construction schedule updated,
or(9)exceeding work limits. When any or all of the criteria set forth above have been
remedied satisfactorily to the City, payment shall be made for amounts withheld
because of them. Withholding of progress payments or partial payments under the
criteria set forth above shall not entitle the Contractor to interest on such withheld
payments or partial payments, except as provided in ORS 279C.570(9).
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or
any extension, no further estimate may be accepted, or progress or other payments
allowed until the Project is completed, unless approved otherwise by City. Progress
estimates are for the sole purpose of determining progress payments and are not to be
relied on for any other purpose. A progress payment is not considered acceptance or
approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a
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 majorwork components remaining. If it appears that the
work is substantially complete,the City shall,within fifteen (15)days after receiving
notice, make an inspection and either accept the work or notify Contractor of workyet
to be performed. If accepted, City shall prepare a Certificate of Substantial
Completion, Exhibit E. 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
City of Ashland 40
contract documents. The date of substantial completion of all the work shall stop the
accrual of liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100%
complete. If it appears to the City that the work is not 100%complete, the City shall not
make a final inspection. The City may make a general list of major work components
remaining. If it appears that the work is 100%complete,the City shall,within fifteen
(15)days after receiving notice, make a final inspection and either accept the work or
notify Contractor of work yet to be performed on the Contract. A Certificate of Final
Completion shall not be prepared until all provisions of the Contract have been met,
including but not limited to, the submission by the Contractor of a signed Certificate of
Compliance, Exhibit F and executed "Release of Liens and Claims" (Exhibit G).
When the work is 100%complete,the City shall prepare a final pay estimate and Certificate
of Final Completion accepting the work as of a certain date.The Contractor shall execute
and return the final pay estimate and Certificate of Final Completion within five (5)working
days of receipt. Unless otherwise provided as a Special Provision,when City accepts the
Certificate of Final Completion,the date the Contractor signs the Certificate of Final
Completion shall be the date the City accepts Ownership of the work and the start date of
the warranty period.The contractor may substitute a Warranty Bond in replacement of the
Performance and Payment Bonds in accordance with Section 29.The City shall include in
the final pay estimate an addition to the contract amount for any contract deduction from
the contract amount for any liquidated damages and a deduction from the contract price in
a fair and equitable amount for any damages to the City or for any costs incurred or likely to
be incurred by the City due to Contractor's failure to meet any contract provision or
specification other than timely completion.
If the Contractor believes the quantities and amounts specified in the final pay estimate
prepared by the City to be incorrect, Contractor shall submit to the City within five(5)
working days of receipt of the City's final pay estimate, an itemized statement of any and all
claims for additional compensation under the Contract which are based on differences in
measurements or errors of computation.Any such claim not so submitted and supported
by an itemized statement within said period is expressly waived and the City shall not be
obligated to pay the same.
The Contractor shall commence any suit or action to collect or enforce the claim or claims
for any additional compensation arising from errors of computation in the final estimate
within a period of one (1)year following the original mailing of the City's final estimate and
Certificate of Final Completion to the Contractor's last known address as shown in the
records of City.The City's issuance of a revised final estimate pursuant to this subsection
does not alter the original final estimate date. If said suit, action or proceeding is not
commenced in said one (1)year period,the final estimate and Certificate of Final
Completion or revised final estimate and Certificate of Final Completion, if revisions are
made, shall be conclusive with respect to the amount earned by the Contractor, and the
Contractor expresslywaives 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
City of Ashland 41
approval. Upon approval and acceptance by the City, Contractor will be paid a total
payment equal to the amount due under the Contract including retainage within thirty(30)
days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the
interest on final payment/retainage requirements of ORS 279C.570(8).
Monies earned by the Contractor are not due and payable until the procedures set forth in
the contract documents for inspection, approval and acceptance of the work; for
determination of the work done and the amount due therefore;for the preparation of the
final estimate and Certificate of Final Completion and processing the same for payment;for
consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised
final estimate and Certificate of Final Completion and processing same for payment all
have been carried out.
As a prerequisite to final payment, if Contractor is not domiciled in or registered to do
business in the State of Oregon, the Contractor will provide City with evidence that the
requirement of ORS 279A.120(3) has been satisfied.
If City declares a default of the Contract, and Surety completes said Contract, all payments
made after declaration of default and all retainage held by City shall be paid to Surety and
not to Contractor in accordance with the terms of the Contract.
Acceptance by Contractor of final payment shall release City from any and all claims by
Contractor whether known or unknown, arising out of and relating to the work. No payment,
however,final or otherwise, shall operate to release Contractor or its Sureties from
warranties or other obligations required in the performance of the Contract.
Disputes as to compensation resolved in favor of the contractor implicate the interest
provisions of ORS 279.570(9).
23. Change Orders/Extra Work
The Contractor agrees to complete this Contract in accordance with the attached
specifications and requirements, including any change orders. A change order submitted by
the City must be agreed upon by the Contractor and the City, and in the event of failure to so
agree, the City may then proceed with any additional work in any manner the City may choose.
A decision by the City to proceed to have work done by another party shall in no way relieve
either the Contractor or City of this Contract and neither will such action be cause for
collection of damages by either party to the contract, one from the other. Only the City
designated Contracting Officer or individual with delegated contracting authority can authorize
extra (and/or changed)work and compensation. Such authorization must be in writing.The
parties expressly recognize that, except when such order is in writing by an individual with
delegated authority,City personnel are not authorized to order extra (and/or)changed work or
to waive contract requirements or authorize additional compensation. Failure of the
Contractor to secure City authorization for extra work shall constitute a waiver of any and all
claims or rights to adjustment in the contract price or contract time due to such unauthorized
extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the
performance of such work. Contractor further exp ressly wa ives any and all right or remedy by
way of restitution and quantum meruitfor any and all extra work performed by Contractor
without express and prior authorization of the City.
City of Ashland 42
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 afirst-tier subcontractor, including material
supplier, for the purpose of performing this contract:
i. A payment clause that obligates the Contractor to pay the first-tier subcontractor
for satisfactory performance under its subcontract within 10 days out of such
amounts as are paid to the Contractor by the City under such contract,
[279C.580(3)(a)]and
ii. An interest penalty clause that obligates the Contractor, if payment is not made
within 30 days after receipt of payment from the City,to pay to the first-tier
subcontractor an interest penalty on amounts due in the case of each payment not
made in accordance with the payment clause included in the subcontract pursuant
to paragraph (a)(i)above. A contractor or first-tier subcontractor shall not be
obligated to pay an interest penalty if the only reason that the contractor or first-tier
subcontractor did not make payment when payment was due is that the contractor
or first-tier subcontractor did not receive payment from the City or contractor when
payment was due. The interest penalty shall be:
A. For the period beginning on the day after the required payment date and
ending on the date on which payment of the amount is due made; and
B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts,for the purpose
of performance of such contract condition, a provision requiring the first-tier
subcontractor to include a payment clause and an interest penalty clause conforming
to the standards of section a.above in each of its subcontracts and to require each of
its subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or supplier. [279C.580(4)]
c. The Contractor shall not request payment of any amount withheld or retained in
accordance with ORS 279C.580(5) until such time as the Contractor has determined
and certified to the City that the subcontractor is entitled to the payment of such
amount. [279C.570(1)].
d. A dispute between the Contractor and a subcontractor relating to the amount or
entitlement of a subcontractor to a payment or a late payment interest penalty under a
clause included in the subcontract pursuantto subsections (3)and (4)of ORS
279C.580 does not constitute a dispute to which the City is a party. The City shall not
be included as a party in any administrative or judicial proceeding involving such a
dispute. [279C.580(2)]
e. The Contractor shall make payment promptly, as due, to all persons supplying to the
Contractor labor or material for the performance of the work provided for in the
contract. [ORS 279C.505(1)(a)]The Contractor shall pay all contributions or amounts
due the Industrial Accident Fund and the State Unemployment Compensation Fund
from the Contractor or Subcontractor incurred in the performance of the contract. [ORS
279C.505(1)(b)]The Contractor shall not permit any claim or lien to be filed or
prosecuted against the City and shall be fully responsible for any lien or claim filed
against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)]
City of Ashland 43
The Contractors ha U pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)]
f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt
payment of any claim for labor or services furnished to the Contractor or a
subcontractor by any person in connection with the Contract as such claim becomes
due,the proper officer(s) representing the City may pay the claim and charge the
amount of the payment against funds due or to become due Contractor under this
Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails,
neglects or refuses to make payment to a person furnishing labor or materials in
connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor,the contractor or first-tier
subcontractor shall owe the person the amount due plus interest charges commencing
at the end of the 10-day period that payment is due under ORS 279C.580 (4)and ending
upon final payment, unless payment is subject to a good faith dispute as defined in ORS
279C.580.The rate of interest charged to the contractor or first-tier subcontractor on
the amount due shall equal three times the discount rate on 90-day commercial paper
in effect at the Federal Reserve Bank in the Federal Reserve district that includes
Oregon on the date that is 30 days after the date when payment was received from the
contracting agency or from the contractor, but the rate of interest may not exceed 30
percent.The amount of interest may not be waived.
h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with
the public improvement contract,the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as
defined in ORS 279C.580.
i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this
section does not relieve the contractor or the contractor's surety from obligation with
respect to any unpaid claims. Jf
j. Living Wage Rates: If the amount of this contract is$50,000 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 performingwork 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 Citywill
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
City of Ashland 44
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. If no such dollar amount is
specified, the applicable liquidated damages rate shall be five hundred dollars ($500) per day
for each day the work exceeds the contract time of the final adjusted contract time. This
amount is a genuine pre-estimation of the damages expected because of a delay in the
completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may
become due to the Contractor under this Contract. Payment of liquidated damages shall not
release the Contractor from obligations in respect to the fulfillment of the entire contract, nor
shall the payment of such liquidated damages constitute a waiver of the City's right to collect
any additional damages which may be sustained by failure of the Contractor to complete the
work on time. Permitting the Contractor to continue and finish the project work or any part
thereof after the contract time, or adjusted contract time, has expired shall in no way operate
as a waiver on the part of the City or any of its rights under this contract. The City may in its
discretion grant the Contractor an extension of time upon a showing made by the Contractor
that the work has been unavoidably delayed by conditions beyond the control of the parties.
27. Liability, Indemnity and Hold Harmless
Contractor warra nts that all its work will be performed in accordance with generally accepted
practices and standards as well as the requirements of applicable federal, state, and local
laws, it being understood that acceptance of Contractor's work by City shall not operate as a
waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers,
agents, and employees from any and all liability, actions, claims, losses, damages or other
costs of whatsoever nature, including attorney's fees and witness costs (at both trial and
appeal level,whether or not a trial or appeal ever takes place)that may be asserted by any
person or entity arising from, during or in connection with the performance of the work, actions
or failure to perform actions, and other activities of Contractor or its officers, employees,
subcontractors or agents, under this contract, including the professional negligent acts, errors,
or omissions of Contractor or its officers, employees, subcontractors, or agents except liability
arising out of the sole gross negligence of the City and its employees. The Contractor shall
assume all responsibility for the work and shall bear all losses and damages directly or
indirectly resulting to the Contractor,to the City, and to their officers, agents, and employees
on account of(a)the character or performance of the work, (b) unforeseen difficulties, (c)
accidents, or(d)any other cause whatsoever. Contractor waives any and all statutory or
common law rights of defense and indemnification by the City. Such indemnification shall also
cover claims brought against City understate or federal workers compensation laws.
Contractor shall also defend and indemnify City from all loss or damage that may result from
Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty
or liability imposed or assumed by the Contractor as maybe otherwise set forth in the Contract
documents shall not be construed as a limitation or restriction of the general liability or duty
City of Ashland 45
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 B. 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 maybe due or become due the Contractor under this Contract. Failure to
maintain insurance as provided is also cause for immediate termination of the Contract.
Contractor shall furnish City certificates of insurance acceptable to City prior to execution by
the City and before Contractor or any subcontractor commences work under this Contract.
The certificate shall show the name of the insurance carrier, coverage,type,amount(or limits),
policy numbers, effective and expiration dates and a description of operations covered. The
certificate will include the deductible or retention level and required endorsements. Insuring
companies or entities are subject to City's acceptance. If requested, copies of insurance
policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-
insured retention's, and/or self-insurance.Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds/Notice of Bond Claims
At the time of execution of the Contract,the Contractor shall furnish: (1) Performance Bond
and (2) Payment Bond written by a corporate surety or other financial assurance in an amount
equal to the amount of the Contract based upon the estimate of quantities or lump sum as set
forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in
effect and shall remain in full force and effect until compliance with and fulfillment of all terms
and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable
laws and the prompt payment of all persons supplying labor and/or material for prosecution of
the work.The bond(s)or other financial assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other
financial assurance, in an amount equal to 10%of the final amount of the contract. The City
may permit the warranty amount to be included in the initial performance and payment bonds.
The warranty bond or other financial assurance shall be in effect for a period of one year from
the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty
bond or financial assurance shall be for a period of one year from the date of completion of
such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified
mail or hand delivered no later than 120 days after the day the person last provided labor or
furnished materials or 120 days after the worker listed in the notice of claim by the
Commissioner of the Bureau of Labor and Industries last provided labor.The notice may be
City of Ashland 46
sent or delivered to the contractor at any place the contractor maintains an office or conducts
business or at the residence of the contractor. Notwithstanding the above, if the claim is for a
required contribution to a fund of any employee benefit plan, the notice required by ORS
279C.600 must be sent or delivered within 150 days after the employee last provided labor or
materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. One-Year Warranty
In addition to and not in lieu of any other warranties required under the Contract, Contractor
shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the
City and at no cost to the City, any and all defects, breaks, or failures of the work occurring
within one year following the date of completion due to faulty or inadequate materials or
workmanship. Repair damage or disturbances to other improvements under,within, or
adjacent to the work,whether or not caused by settling,washing, or slipping,when such
damage or disturbance is caused, in whole or in part, from activities of the Contractor in
performing its duties and obligations under this Contract when such defects or damage occur
within the warranty period. The one-year warranty period shall,with relation to such required
repair, be extended one year from the date of completion of such repair.
If Contractor, after written notice,fails within ten days to proceed to comply with the terms of
this section, City may have the defects corrected, and the Contractor and Contractor's surety
shall be liable for all expense incurred. In case of an emergency where, in the opinion of the
City, delay would cause serious loss or damage, repairs may be made without notice being
given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to
act in case of an emergency shall not relieve Contractor or Surety from liability and payment of
all such costs.
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or
activities made possible by or resulting from this Agreement on the grounds of sex, race, color,
creed, marital status, age, sexual orientation or national origin. Contractor shall comply with
provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS
Chapter 659A relating to unlawful employment practices and discrimination by employers
against any employee or applicant for employment because of race, religion, color, sex,
national origin, marital status or age if the individual is 18 years of age or older. Particular
reference is made to ORS 659A.030,which states that it is unlawful employment practice for
any employer, because of the race, religion, color, sex, national origin, marital status or age if
the individual is 18 years or older or because of the race, religion, color, sex, national origin or
age of any other person with whom the individual associates, or because of a juvenile record
that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to
refuse to hire or employ or to bar or discharge from employment such individual or to
discriminate against such individual in compensation or in terms, conditions or privileges of
employment. Any violation of this provision shall be considered a material violation of the
Agreement and shall be grounds for cancellation,termination, or suspension in whole or in part
(q)•
City of Ashland 47
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost
effective. If the contract includes lawn and landscaping maintenance, Contractor shall
compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS
279C.510(1)&(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1),the following is a list of federal, state and local agencies which
have enacted ordinances or regulations dealing with the prevention of environmental pollution
and the preservation of natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
Consumer&Business Services, Department of
Oregon Occupational Safety&Health Division
City of Ashland 48
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Engineer
State Land Board (Lands, Division of State)
Water Resources Department
Local Agencies:
City of Ashland
City Council(Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of
existing ordinances, rules or regulations of agencies not cited above or due to the enactment of
new or the amendment of existing statutes, ordinances, rules or regulations relating to the
prevention of environmental pollution and the preservation of natural resources occurring after
the submission of the successful bid,the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be
undertaken.
The solicitation documents make specific reference to known conditions at the construction
site that may require the successful bidder to complywith 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
City of Ashland 49
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 withoutwritten direction from the contracting agency. Upon request bythe City,the
Contractor shall estimate the emergency or regulatory compliance costs as well as the
anticipated delay and costs resulting from the encountered condition.This cost estimate shall
be promptly delivered to the contracting agency for resolution.Within a reasonable period of
time following delivery of an estimate of this section,the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be
undertaken.
If the City chooses to terminate the contract under either subsection (a)of this section, the
Contractor shall be entitled to all costs and expenses incurred to the date of termination,
including overhead and reasonable profits, on the percentage of the work completed.The City
shall have access to the contractor's bid documents when making the contracting agency's
determination of the additional compensation due to the contractor. If the contracting agency
causes work to be done by another contractor under either subsection (c)or(e)above, the
initial contractor may not be held liable for actions or omissions of the other contractor. The
change order under either subsection (f)of this section shall include the appropriate extension
of contract time and compensate the contractor for all additional costs, including overhead
and reasonable profits, reasonably incurred as a result of complying with the applicable
statutes, ordinances, rules or regulations.The City shall have access to the contractor's bid
documents when making the contracting agency's determination of the additional
compensation due to the contractor.
Notwithstanding the above,the City has allocated all or a portion of the known environmental
and natural resource risks to a Contractor by listing such environmental and natural resource
risks in the solicitation documents.
34. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by
the City of that or any other provision. City shall not be precluded or estopped by any
measurement, estimate or certificate made either before or after completion and acceptance
of work or payment therefore,from showing the true amount and character of work performed
and materials furnished by the Contractor, or from showing that any such measurement,
estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in
fact to the Contract. City shall not be precluded or estopped, notwithstanding any such
measurement, estimate or certificate, or payment in accordance therewith, from recovering
from the Contractor and their Sureties such damages as it may sustain by reason of their failure
to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither
acceptance by City, or by any representative or agent of the City, of the whole or any part of the
City of Ashland 50
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. Awaiver of any breach of the
Contract shall not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the
work required under this Contract without undue delays and without additional cost.
36. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be
illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
contract did not contain the particular term or provision held invalid.
37. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract,the prevailing party shall be
entitled to recover from the other party, in addition to costs and disbursements provided by
statute,any sum which a court, including any appellate court, may adjudge reasonable as
attorney's fees.
38. Business License
The Contractor shall obtain a City of Ashland business license as required by City ordinance
prior to beginning work under this Contract. The Contractor shall provide a business license
number in the space provided in this contract.
39. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given by personal delivery
or by mail. Notices, bills, and payments sent by mail should be addressed as follows:
City of Ashland
Kaylea Kathol
Public Works/Street Department
20 E. Main Street
Ashland, OR 97520
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage
prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills, and payments are to be given by giving notice pursuant to this paragraph.
40. Conflict of Interest
City of Ashland 51
Contractor covenants that it presently has no interest and shall not acquire any interest, direct
or indirect,which would conflict in any manner or degree with the performance of its services.
The Contractor further covenants that in the performance of this contract no person having any
such interest shall be employed.
41. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS
CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES.
SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY
IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR
ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
City of Ashland 52
EXHIBIT B
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the
term of the contract, please provide Certificates of Insurance priorto each renewal. Insurance shall
be without prejudice to coverage otherwise existing. During the term of this contract, Contractor
shall maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in
the State of Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall
ensure that each of its subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of
not less than ❑ $1,000,000 or ❑ $2,000,000 for each occurrence of bodily injury, personal injury
and property damage. It shall include coverage for broad form contractual liability; broad form
property damage; personal and advertising injury; owners and contractor protective;
premises/operations; and products/completed operations. Coverage shall not exclude excavation,
collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis.
® Required by City ❑ Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not
less than ❑ $1,000,000 or® $2,000,000 for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be
designated.
® Required by City ❑ Not required by City
❑ Builders Risk(Checkhere if required)insurance during construction to the extent of 100 percent
of the value of the work for the benefit of the parties to the Contract as their interest may appear.
Coverage shall also include: (1)formwork in place; (2)form lumber on site; (3)temporary structures;
(4)equipment; and (5)supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days written notice from the
Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically
attached to the certificate of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and
its agents, officers,and employees will be Additional Insureds, but onlywith respect to Contractor's
services to be provided under this contract. This coverage shall be by endorsement physically
attached to the certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents,
and employees against any liabilitythat may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers'compensation and employers liability coverage.
City of Ashland 53
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior
to commencing work. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City approval. If requested, copies of
insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,
self-insured retention's, and/or self-insurance.
City of Ashland 54
EXHIBIT C
CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below and
certify under penalty of perjury that it is a corporation.
Entity: Pilot Rock Excavation,Inc.
Signature: �T;effFowler,VP
Date: Jun 23, 2026
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 entitythat performs labor or services
for remuneration shall be considered to perform the labor or services as an "independent
contractor" if the standards of ORS 670.600 are met.
Contractor certifies that the following standards are met:
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional
occupation licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the
basis of a periodic retainer.
6. Contractor is registered under ORS chapter 701 if the Contractor provides labor or services for
which such registration is required.
7.Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represents to the public that the labor or services are to be provided by an
independently established business as four or more of the following circumstances exist.
City of Ashland 55
(Check four or more of the following:)
_x_ A. The labor or services are primarily carried out at a location that is separate from
Contractors residence or is primarily carried out in a specific portion of Contractors
residence,which is set aside as the location of the business.
_x_ B. Commercial advertising or business cards are purchased for the business, or
Contractor has a trade association membership.
C. Telephone listing is used forthe business that is separate from the personal residence
listing.
x_ 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.
x_ F. Contractor assumes financial responsibility for defective workmanship or for service
not provided as evidenced by the ownership of performance bonds, warranties, errors
and omission insurance or liability insurance relating to the labor or services to be
provided.
If any action is taken by a person or enforcement agency relating to Contractor's
independent contractor status in connection with this contract, Contractor shall defend,
hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials,
employees,volunteers and agents from any such action,claim,judgment,fine,penalty,or
order to pay. Contractor shall pay any additional costs incurred by the City in defending
such action or incurred as a result of such action. This indemnification is in addition to any
indemnification otherwise in this agreement.
Contractor:
�7e�F�awGer
By Jeff Fowler(Jun P ,10.1427:18 PDn
Title: Jeff Fowler,VP Pilot Rock Excavation, Inc.
Date: Jun 23, 2026
City of Ashland 56
EXHIBIT D BOND FORMS(PERFORMANCE & PAYMENT)
City of Ashland 57
PERFORMANCE BOND
The undersigned , as principal, further referred to in this bond as
Contractor, and , as surety, further referred to in this bond as Surety,
are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as
City, in the sum of
Dollars($ ).
Contractor and City have entered into a written contract dated ,for the
following project: EASTMAIN PARK PUBLIC IMPROVEMENTS, Project No.2024-16. This contract
is further referred to in this bond as the Contract and is incorporated into this bond bythis reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract,as required byORS 279C.380 through 279C.385,then this obligation is null
and void; otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the
contract in accordance with its terms and conditions and payto Cityall damages that
are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows.
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this day of 20__.
City of Ashland 58
PERFORMANCE BOND Page 2
WITNESS: CONTRACTOR:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
WITNESS:
SURETY:
By:
(Corporate Seal)
Title:
Legal Address:
Attest:
Corporate Secretary
City of Ashland 59
PAYMENT BOND
The undersigned , as principal, further referred to in this bond as
Contractor, and , as surety, further referred to in this bond as Surety,
are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as
City, in the sum of
Dollars($ ).
Contractor and City have entered into a written contract dated ,for the
following project: EAST MAIN PARK PUBLIC IMPROVEMENTS, PROJECT No. 2024-16. This
contract is further referred to in this bond as the Contract and is incorporated into this bond by this
reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contractwithin the time prescribed bythe Contract,
and promptly makes payment to all claimants, as defined in ORS 279C.600 through
279C.620, then this obligation is null and void; otherwise it shall remain in full force and
effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the contract
in accordance with its terms and conditions and pay to City all damages that are due
under the Contract.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name,address,and telephone number of the agent authorized
to receive notices concerning this bond are as follows:
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this day of 20 .
City of Ashland 60
PAYMENT BOND Page 2
WITNESS: CONTRACTOR:
By:
(Corporate Seal) Title:
Legal Address:
Attest:
Corporate Secretary
WITNESS:
SURETY:
By:
(Corporate Seal)
Title:
Legal Address:
Attest:
Corporate Secretary
City of Ashland 61
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Name: EAST MAIN PARK PUBLIC IMPROVEMENTS
Project Number: 2024-16
Owner: City of Ashland
Contractor•
Contract Date•
❑ This Certification of Substantial Completion applies to all Work under the Contract Documents.
❑ This Certification of Substantial Completion applies to the following specified parts of the
Contract Documents:
The Work to which this Certificate applies has been inspected by authorized representatives of the
City and Contractor, and found to be substantially complete and is also the date of commencement
of applicable warranties required by the Contract Documents, * (except as attached.) The Work is
hereby declared to be substantially complete with the Contract Documents on:
Date of Substantial Completion
❑ A Punch-List of items to be completed or corrected is attached hereto. This list may not be all
inclusive,and failure to include an item in it does not alterthe responsibility of the CONTRACTOR
to complete all Work in accordance with the Contract Documents.The items in the tentative list
shall be completed or corrected by the CONTRACTOR within days of the above date of
Substantial Completion.
❑ *A list of"excepted"Warranty items is attached hereto.
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents, nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Issued by City: Accepted by Contractor:
By: By:
Title: Title:
Date: Date:
City of Ashland 62
EXHIBIT F
CERTIFICATE OF COMPLIANCE
To: City of Ashland From:
20 East Main St.
Ashland, OR 97520
PROJECT: EAST MAIN PARK PUBLIC IMPROVEMENTS
PROJECT No. 2024-16
I, (We) hereby certify that all work has been performed and materials supplied in accordance
with the plans, specifications and contract documents for the above work,and that:
1. If required by law, not less than the prevailing rates of wages have been paid to laborers,
workmen and mechanics employed on this work.
2. There have been no unauthorized substitutions of materials; substitutions or assignment
of subcontractors; nor have any subcontracts been entered into without the names of the
subcontractors having been submitted to the City prior to the start of such subcontracted
work.
3. All claims and indebtedness for material and labor and other service performed in
connection with these specifications have been paid.
4. All moneys due the State Industrial Accident Fund, the State Unemployment
Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212)
hospital associations and/or others (ORS 279C.530) have been paid.
5. All private property and easement areas have been satisfactorily restored in accordance
with the contract.
6. If Contractor is not domiciled in or registered to business in the State of Oregon,Contractor
has reported to the Oregon Department of Revenue such information and in the manner as
required by ORS 279A.1 20(3).
Contractor:
By:
Title:
Date:
City of Ashland 63
EXHIBIT G
CONTRACTOR'S RELEASE OF LIENS AND CLAIMS
[THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION]
To: City of Ashland From:
20 East Main St.
Ashland, OR 97520
PROJECT: EAST MAIN PARK PUBLIC IMPROVEMENTS
PROJECT No. 2024-16
In connection with our request for final payment for the above project, I,
hereby state that:
all subcontractors and suppliers on this project have been paid in full,
all obligations on the project have been satisfied,
all monetary claims and indebtedness on this project have been paid, and
all disputes with property owners have been resolved.
There are no liens or claims of any kind outstanding or threatened against the project.
Furthermore, I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for
labor or materials furnished under the contract for the above project.
SWORN STATEMENT
I hereby certify, under penalty of perjury and false swearing,that the foregoing statements are
true and correct.
Dated this day of , 20—
Contractor: By:
Title:
STATE OF OREGON )
)ss.
County of )
Signed and sworn to (or affirmed) before me on [Date], 20 [Year] by
[Name(s)of Individuals Making Statement].
(Official Stamp)
Notary Public for Oregon
City of Ashland 64
EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
Project Name: EAST MAIN PARK PUBLIC IMPROVEMENTS
Project Number: 2024-16
Owner: City of Ashland
Contractor•
Contract Date•
Substantial Completion Date:
Final Inspection Date:
I hereby certify that I have completed my contract,furnished the materials, and performed the work
as shown by the final estimate of the City, according to the plans and specifications.
Contractor:
By:
Title:
Date:
The City has determined the project is 100%complete in compliance with all contract documents.
Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final
Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the
City accepts ownership of the work and the start date of the warranty period.
City:
By:
Title:
Date:
City of Ashland 65
EXHIBIT I
CITY OF ASHLAND NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR
CONTRACTORS
1. GENERAL POLICY OF NON-DISCRIMINATION
It is the policy of the City of Ashland to promote equal opportunity to all persons regardless
of race, religion, color, national origin, sex, age, marital status, handicap, or political
affiliation, in respect to employment, public services, facilities and accommodations. This
policy is reinforced by obligations assumed by the City as a condition of receipt of federal
and state funds. This policy thus becomes an obligation which must be assumed by the
Contractor as well. Because in some cases religion, sex, age, or disability may properly be
the basis for denial or restriction of privileges with respect to employment, public services,
facilities or accommodations, the following more specific obligations, terms, or conditions
shall apply.
2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF
With respect to terms and conditions of employment and hiring only,the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity without
regard to religion if every reasonable effort has been made to accommodate the particular
religious beliefs or practices of an employee or applicant for employment, but such
accommodation cannot be made without undue hardship to the employer.
3. DISCRIMINATION BECAUSE OF SEX
With respect to terms and conditions of employment and hiring only,the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity
notwithstanding any rule, standard, practice, or decision which accords an employee or
applicant different treatment because of sex, if such rule, standard, practice, or decision is
based upon a bona fide occupational qualification which the employer cannot, without
undue hardship, modify or waive to accommodate the employee or applicant.
With respect to public services, facilities, and accommodations the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity
notwithstanding any rule, standard, practice, or decision which restricts or limits access to
such on a basis of sex where:
A. Physical facilities such as restrooms, bathing facilities,dressing rooms,etc. must be
segregated on the basis of sex to accord personal privacy or complywith local, state,
or federal law, or ordinance, or administrative regulation; or
B. The content or subject matter of a program or service is clearly of benefit to persons
of a particular sex only because it deals with medical, psychological, or sociological
factors inherently linked to the characteristics of one sex only, or its effectiveness in
providing benefit to persons of one sex would be unreasonably and adversely
affected by the participation of persons of the opposite sex.
4. DISCRIMINATION BECAUSE OF DISABILITY
With respect to terms and conditions of employment and hiring only,the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity to
persons who are physically or mentally disabled if every reasonable effort has been made to
accommodate any physical or mental disabilities of an employee or applicant, but such
City of Ashland 66
accommodations cannot be made without undue hardship to the employer; or where,
because of such disability,the employee or applicant cannot meet a bona fide occupational
qualification that cannot be waived or modified without undue hardship to the employer.
With respect to public services,facilities and accommodations only,the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity to
persons who are physically or mentally disabled where:
A. Architectural barriers limiting access to facilities owned or occupied by the
Contractor cannot be eliminated without structural alterations, and are permitted to
remain under the provisions of the Oregon State Structural Specialty Code; or
B. A program or activity, viewed in its entirety, is readily accessible to and usable by
persons who are physically or mentally disabled.
C. The purpose of the program, service, or facility is to provide a special benefit to
persons characterized by a particular handicap in some respect specially related to
the educational, medical, psychological, mobility, social or economic needs of
persons so disabled.
5. DISCRIMINATION BECAUSE OF AGE
With respect to terms and conditions of employment and hiring only,the Contractor shall be
deemed to have complied with the general obligation of according equal opportunity
regardless of age where:
A. Certain positions include duties which must, by law or ordinance, be performed by
persons over a certain age, and the employer cannot accommodate the employment
of a person under that minimum age without undue hardship;
B. The employee or applicant has passed any applicable age established by the
Congress of the United States beyond which an employer may reject an employment
application or mandate an employee's retirement.
With respect to public services, facilities, and accommodations only, the Contractor shall
be deemed to have complied with the general obligation of according equal opportunity
without regard to age where:
A. The purpose of the service,facility, or accommodation is to benefit or serve persons
under 18 years of age or their adult custodians in some respect specially related to
the needs of such persons; or
B. The purpose of the service,facility, or accommodation is to benefit or serve persons
65 years of age or older in some respect specially related to the educational, medical,
psychological, mobility, social, or economic needs common to persons of that age
group.
6. DEFINITIONS
As used in this Policy, there are several terms specifically defined in various federal, state,
and local laws, ordinances, and administrative regulations applicable either because of the
City's receipt of federal or state funds, or because they are general laws and ordinances
prohibiting discrimination. In addition,judicial and administrative decisions have created an
additional body of law further defining these terms in their application. Because of the
magnitude and complexity of these various legal definitions and interpretations, it is not
City of Ashland 67
possible to provide exhaustive definitions herein. The Contractor should be guided by the
following general rules:
A. Where two separate legal definitions or interpretations may apply in a given situation,
the one according the greatest degree of protection to the person entitled to their
protection shall govern.
B. "Disability"and "handicap" are intended to be synonymous.
C. The Contractor is not entitled to advisory opinions oradvice from City representatives
as regards the specific application of this policy. It is up to the Contractor, and their
own legal counsel to ascertain compliance with this policy, federal, state and local
law. The City expressly disclaims any responsibility for the Contractor's reliance on
advice or opinions given by City representatives.
D. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining
agreements, and other contracts may not in every case justify an otherwise
discriminatory act, policy, or practice. The Contractor must, at his own risk and
expense, comply with this Policy regardless of contractual restrictions which do not
justify Contractor's acts, policies, or practices.
7. ADVERTISING AND PROMOTIONAL MATERIAL
A. In all advertising, postings, and promotional material relating to hiring, the
Contractor shall include the following statement:
(name of contractor) is an equal opportunity employer and does not
discriminate in hiring, promotion, layoff, discipline, transfer, compensation, or other
terms of employment because of a person's race, religion,color, national origin,sex,age,
marital status, handicap,or political affiliation."
EXCEPTION: In "classified" advertising the Contractor need only include the statement
"An Equal Opportunity Employer".
B. In all advertising, postings, and promotional material relating to programs and
services funded in whole or in part under a contract with the City of Ashland, the
Contractor shall include the following statement:
"This (program or service as applicable) is open to all persons without regard
to race, religion, color, national origin, sex, age, marital status, handicap or political
affiliation. For further information about this equal opportunity policy,contact name
of contractor's representative) at (phone number)
8. RETALIATION
The Contractor shall not, in any manner, accord different or unequal treatment to or in any
waydiscriminate against any person because of such person's filingof or participation in any
grievance or complaint of discrimination contrary to its policy, whether such grievance or
complaint is logged with the City of Ashland, or any state or federal court or agency.
9. GRIEVANCE PROCEDURE
During the term of this Contract, and for at least six months thereafter, the Contractor shall
conspicuously display the attached"Notice: Your Rights to Have Discrimination Complaints
Heard" in locations accessible to the public at its principal office and all other premises
within the City of Ashland where it conducts any operations. Likewise, the Contractor shall
fully cooperate with the designated representative of the City of Ashland and state and
City of Ashland 68
federal civil rights compliance agencies in investigating, mediating, and otherwise handling
complaints or grievances concerningthis Policy.
10. VIOLATIONS
Violation by the Contractor of any provision of this Policy may, in addition to any remedy
accorded an aggrieved person, be cause for termination of the Contract, debarment from
participation in future City of Ashland contracts, or both.
City of Ashland 69
City of Ashland 70
EAST MAIN PARK PUBLIC IMPROVEMENTS
Final Audit Report 2026-06-23
Created: 2026-06-23
By: Melissa Hermant(missy@pilotrockx.com)
Status: Signed
Transaction ID: CBJCHBCAABAAfzJ3bOP3EJFDWEHahVEmW9XSdBcKYUn2
"EAST MAIN PARK PUBLIC IMPROVEMENTS" History
Document created by Melissa Hermant(missy@pilotrockx.com)
2026-06-23-8:25:54 PM GMT
Document emailed to Jeff Fowler(jeff@pilotrockx.com)for signature
2026-06-23-8:26:03 PM GMT
Email viewed by Jeff Fowler(jell@pilotrockx.com)
2026-06-23-9:22:56 PM GMT
Document e-signed by Jeff Fowler(jeff@pilotrockx.com)
Signature Date:2026-06-23-9:27:58 PM GMT-Time Source:server-Signature Appearance Selected:TYPE
Agreement completed.
2026-06-23-9:27:58 PM GMT
Adobe Acrobat Sign
Signature: sa6 (�t
Email: sabrinaxotta@ashland.or.us
Pilot Rock for signature
Final Audit Report 2026-06-24
Created: 2026-06-24
By: Tami Campos(tami.campos@ashland.or.us)
Status: Signed
Transaction ID: CBJCHBCAABAAiFee9_bGwEIILKRF4tRuwpbo2ZgQ915Q
"Pilot Rock for signature" History
Document created by Tami Campos (tami.campos@ashland.or.us)
2026-06-24-8:37:45 PM GMT
Document emailed to Sabrina Cotta (sabrina.cotta@ash land.or.us) for signature
2026-06-24-8:37:51 PM GMT
Email viewed by Sabrina Cotta (sabrina.cotta@ashland.or.us)
2026-06-24-8:47:34 PM GMT
Document e-signed by Sabrina Cotta (sabri na.cotta@ash land.or.us)
Signature Date:2026-06-24-8:48:30 PM GMT-Time Source:server-Signature Appearance Selected: IMAGE
Agreement completed.
2026-06-24-8:48:30 PM GMT
Adobe Acrobat Sign
PERFORMANCE BOND
The undersigned Pilot Rock Excavation, Inc. , as principal, further referred to in this bond as
Contractor, and Hudson Insurance Company—, as surety, further referred to in this bond as Surety,
are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as
City, In the sum of Three Hundred Eighty-Six Thousand Three Hundred Forty and 00/100
Dollars($386,340.00 ),
Contractor and City have entered into a written contract dated ,for the
following project: EAST MAIN PARK PUBLIC IMPROVEMENTS, Project No.2024-16. This contract
is further referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract,as required by ORS 279C.380 through 279C.385,then this obligation is null
and void;otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract,the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the
contract in accordance with its terms and conditions and payto City all damages that
are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs,executors,administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows.
Bond Number: HA-20100308
Bond Agent: Propel Insurance
Address: 805 SW Broadway,Suite 2300
Portland,OR 97205
Telephone: (503)467-7540
SIGNED this 5th day of .rune 2026 .
City of Ashland 58
EK0 Ii�ANCE BOND Page 2
WITNESS: CONTRACTOR: Pilot Rock Excavation, Inc.
By:
(Corporate Seal) Title:
Legal Address: 356 Bateman Drive
Central Point, OR 97502
Attest: ,( /tom„„ =�,
Corporate Secretary
WITNESS: SURETY: Hudson Insurance Company
By: -
(Corporate Seal) Lois F.Weathers
Title: Attorney-in-Fact
Legal Address: 2045 Cardinal Avenue, Suite 202
- Medford, OR 97504
Attest:
( ( Mandy Keltner,
Witness
City of Ashland 59
Hudson- Bond Number:HA-20100308
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with
offices at 100 William Street,New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and
appoint
Lois F.Weathers
of the State of OR
its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Three Hundred
Eighty Six Thousand Three Hundred Forty Dollars($386,340.00)
Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly
authorized,on this 1st day of November,2025 at New York,New York.
�Gfy°TY�p,L °• �
orate seal) HUDSON INSURANCE COMPANY
Attest................................................ By...................................................................
Karen L.Colonna Andrew A.Dickson
Corporate Secretary Senior Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS.
On the 1st day of November, 2025 before me personally came Andrew A.Dickson to me known, who being by me duly sworn did depose
and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument,
that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of
said Corporation,and that he signed his name thereto by like order. 1
, M.MU�1RpgY
P?N Mq,pG�S�z AN-41 . f F::.... .....................................
(Notarial Seal) ,o
Notary Public,State of New York
No.01 MU6067553
Qualified in Nassau County
E f Commission Expires December 10,2029
CERTIFICATION
STATE OF NEW YORK
COUNTY OF NEW YORK SS.
The undersigned Karen L.Colonna hereby certifies:
That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
Hudson Insurance Company dated July 27th,2007,and has not since been revoked,amended or modified:
"RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion,to appoint such Oagent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business,and to empower
such agent or agents,or attorney or attomeys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances,
whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and
undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding
undertakings so made;and
FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually
affixed."
THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said
Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said.Power of
Attorney is now in force.
Witness the hand of the undersigned and the seal of said Corporation this 5th day of June 2026
(Corporate seal) -
�C
By................................................... ......
r Karen L.Colonna, Corporate Secretary
c�ht.