HomeMy WebLinkAbout2008-050 Contract - Batzer
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this t h i r tee 0 t h (1 3 )
City of Ashland, ("City") and Batzer roc.
day of March
,2008 , between the
"(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued
by City for the Enclosure of Metal Building at 90 N. Mountain 06-01ELE. Contractor was awarded
the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this
contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this
contract shall take precedence over the contract documents, which shall take precedence over the bid.
This contract and attached exhibits constitute the entire agreement between the parties. No waiver,
consent, or 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. Contractor, by
signature of its authorized representative, hereby acknowledges that he/she has read this contract,
understands it, and agrees to be bound by its terms and conditions.
2. Scope: Contractor shall begin and complete the project described in the contract documents
within the time prescribed in the contract documents. The following exceptions, alterations, or
modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution of the
contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form
and with a surety satisfactory to City in the penal sum of $298,344.00 conditioned upon the faithful
payment and performance of this contract upon the part of the Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or
incident to the performance of this contract by Contractor (including but not limited to, Contractor's
employees, agents, and others designated by Contractor to perform work or services attendant to this
contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and approximately caused by the
negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
6.1 General Liability. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability, products
and completed operations, owner's and contractor's protective insurance and comprehensive
automobile liability including owned and non-owned automobiles. The liability under each policy shall
be a minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and property
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 08.doc
damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with ORS
656.017, which requires subject employers to provide Oregon workers' compensation coverage for all
their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single limit, or
the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on each
required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with
the signed contract prior to the commencement of any work under this agreement. These certificates
shall contain provision that coverage afforded under the policies can not be canceled and restrictive
modifications cannot be made until at least 30 days prior written notice has been given to City.
Insuring companies or entities are subject to the City's acceptance. Ifrequested, complete copies of
insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be
financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010
to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
Contractor shall provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or
any other or department of the State of Oregon) and the Contractor that arises from or relates to this
contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson
County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall
be brought and conducted solely and exclusively within the United States District Court for the District
of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh
Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.IIfthe Contractor fails to begin the work under contract within the time specified, or fails
to perform the work with sufficient workers or equipment or with sufficient materials to insure the
prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such
work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 OS. doc
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of
bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a
period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by law
for the enforcement of its rights under this contract, City shall have full power and authority, without
violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any
or all of the materials and equipment on the ground that may be suitable and acceptable and may cause
a contract for the completion of this contract according to its terms and provisions, or use such
methods as required for the completion ofthe contract, in any acceptable manner. All costs and
charges incurred by the City together with the costs of completing the work under the contract, shall be
deducted from any money due or which shall become due the Contractor. In case the expense so
incurred by the City shall be less than the sum which would have been payable under the contract if it
had been completed by the Contractor, then the Contractor shall be entitled to received the difference
less any damages for delay to which the City may be entitled. In case such expense shall exceed the
sum which would have been payable under the contract, the Contractor and the surety shall be liable
and agree to and shall pay the City the amount of the excess with damages for delay of performance, if
any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent of
both parties.
10.2 City's Convenience. This contract may be terminated at any time by City upon 30
days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part, effective
upon delivery of written notice to Contractor, or at such later date as may be established by City under
any of the following conditions:
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of services;
b. If federal or state regulations or guidelines are modified, changed or interpreted
in such a way that the services are no longer allowable or appropriate for purchase under
this contract or are no longer eligible for the funding proposed for payments authorized by
this contract; or
c. If any license or certificate required by law or regulation to be held by Contractor
to provide the services required by this contract for any reason denied, revoked, suspended,
or not renewed.
lOA For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach of
the contract by the other. Prior to such termination the party seeking termination shall give
to the other party written notice of the breach and intent to terminate. If the party
committing the breach has not entirely cured the breach within 15 days of the date ofthe
notice, or within such other period as the party giving notice may authorize or require, then
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 OB.doc
the contract may be terminated at any time thereafter by a written notice of termination by
the party giving notice.
b. Time is of the essence for Contractor's performance of each and every obligation
and duty under this contract. City by written notice to Contractor of default or breach, may
at any time terminate the whole or any part of this contract if Contractor fails to provide
services called for by this contract within the time specified herein or in any extension
thereof.
c. The rights and remedies of City provided in this subsection (l0.4) are not
exclusive and are in addition to any other rights and remedies provided by law or under this
contract.
10.5 Obligation/Liability of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations or
liabilities or either party already accrued prior to such termination or modification. However, upon
receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1,
10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all activities under this
contract, unless expressly directed otherwise by City in notice of termination. Further, upon
termination, Contractor shall deliver to City all contract documents, information, works-in-progress
and other property that are or would be deliverables had the contract been completed. City shall pay
Contractor for work performed prior to the termination date if such work was performed in accordance
with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs ofthis contract within the City's fiscal year budget.
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 on City appropriations, or
other expenditure authority sufficient to allow City in the exercise of its reasonable administrative
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.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1
percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60
days from the date work first begins on the Contract, whichever comes first. The fee is payable to the
Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following
address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining
to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and Contractor is
not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland
Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work
under this contract and to any subcontractor who performs 50% or more of the work under this
contract. Contractor must post the attached Living Wage- notice predominantly in areas where it will
be seen by all employees.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 08.doc
14. Assignment and Subcontracts: Contractor shall not assign this contract without the written
consent of City. Any attempted assignment without written consent of City shall be void. Contractor
shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons
employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City. Contractor may not substitute any
subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written
consent of the City, or by following the procedures of ORS 279C.585 and OAR 137-049-0360.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to
this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson
County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall
be brought and conducted solely and exclusively within the United States District Court for the District
of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh
Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction.
16. 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. CONTRACTOR, BY SIGNATURE OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS.
16. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
CONTRA~
By:
, .
ature
CITY OF ASHLAND
By: ~ ~..-
Lee Tuneberg (
Finance Director
Russ Batzer
Printed Name
Its:
President
Title
::VIEWED AS TO CONTE~~
Departm~ - -
REVIEWED AS 0 FOR .
~
Batzer Inc.
Company Name
By:
Address: 190 N Ross Ln
PO Box 4460
Medford, OR 97501
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 OB.doc
'PiY C~ '(;2-0 (
5414886006
ASH~NDPUBUCVVORK
10:S1:27a.m. 02-11-2008
3/7
DESCRIPTION
Sitework
Mobni;.atiol'l fot. I \
, fOl'""1 W D '\ V\..o LA-">>~ o>\~ ~u Dollars
Earthwork & Grading for Walks and Paving
2 fot ,;::::~C-\e('".V'--~ ~/\-o () Dollars
Sa~ & Remove AC Pavil)g
:5 for 't- ~ "-I e. 6.Jv.-d... 7.:2:.1 \c::x!:> - Doltar$
AC Pavln~ ~I
4 fOI'''--',^.y' \-e e: 11\ ~"> \ 0 0 - Dollars
Site Work - Building Rotated
AMOUNT
I I
1 LS 1 Z/30 i -z, I DO
.~~. ~~. $ P~,f;o Is 31fpo
i
156 SF 1$ 5- '].3 $ 81(.
j .. . --'--'
136 SF 1$ /3..36 . $ 1t3'UJ
Dollars 75 cy $ 'Z.I . ()(p $ 15&0
00I1ar& 40 CY $ 31.&v $ I~,I
DoUars 2.200 SF $ ,B& $ /B9"
*,rr \: $/453 $ jt/53
Dollars LS
5
7
6
Bullcl1ng DemoBllon
9
1 l$
8 EA
4 EA
Dollars 6240 SF
Dollars 2.423 SF
Dollars 360 SF
912 LF
266 LF
ot> Dollars 5 LF
10
11
12
13
14
15
16
17
$ 3b5f
$/U1
I $ / Zl,4
$ 3352-
'.' .,. ......
$ Iq(Po
$ IUt/
$ I ~ ~ '7 \ $ /,6 I ~ .. _._
$..{~(,3 1$ ICfofJ
1",;1 $ 6'1
m._.._.... ... ........___._
~
_~ 3l?~'
$15~
.$.....~/~
$ . 5't/
$ · 'tJ1
$ 351
'fd: ~)l4SS.S3~7
lax: ~1"'4~1I~
11'Y: IlOon)S.~IU
Ell::hlevrillf.
20 r" M.,itl SU'CtJI
^$blilDd, ~ '175211
"......!ll'1.!ht~M.1\\'
(i;\pW."~\dept"'dwitl;ENGlNE1lIt.\YROJoc.,..zQ()(.'ill(.o(n F:I.F, C:(d~ .goll\lfl hiw"...mtm No 2.1I<K'
5414886006
ASHLAND PUIlUC WORK
10:52:1Sa.m. 02-11-2008
4/7
~T UNIT PRICE i -
, I I
I DESCRIPTION I QTY. VNIT I lFlGURESl I AMOtJNT
I .... '...- ; I
Concrete
AcoeSSibl~!~~~h Pa~t S~~l SF .\ $ 23,t/o' $ 3c;v1
18 fofI\.J, . \.A Ii v\ L\ 0 l CO Dollars 167
Poure? In-~g}~'~ii~" ~ ~'fA '"I .. ,. _n.___u
Cy 1.$ 5~:~ $ 9/! -:f.~._
19 for B,\-e~ ..-~..l!'... ~Dol!ars 17.6
PourQd In-Place ContinUO~FO~j~~l.{j l\t1Dtl $ 6w.lA $ /0, / "V
20 for<:::)\x\. A ~~ <$.lc J\ th. >lIars 15.4 Cy .. . '. ...- .... ...----
21 4-11'1 SlAb on Grade "'- 63 r -DolIl!rs 2.193 SF $ 1i.53 $ "2527J4J
for f!o...l~~ lat::l ...........--..-. -.. .
..~ 2% -In[Slab on GI'8~ '2.3/ Dollars 663 SF ~J(}? ...l~. !'l.Y.l__....__
!~~Z .D~~ () LbO
colum~}~\~f^ a.tacko~ r-1 6fe J Dollars $11.51--- IS e1!?__..
23 for ; ^ I"hl~ 104 LF . . ......-
~~ Column BaseB~ "lblt .$_1r~ $ Zt( $3
24 ~. c:;t A. ~ '100 Oollars 52 EA
Per~eter cdrb :AAA.6. ~ l Dollars SF $ 15.. t8 $ 61 €1..._ ... '. .
25 for ~c... II\. (). LOe 534
~~~ crso.../IDO Dollars EA $ t ,.~ $ ~
26 66 . --..-...
~~~<T~~_~~~ $l/~'~ $ 4u,
27 1 LS . '" -.....-1---
Seal N~O'Kete Floor 1$ .50 Is /l/Z1
28 ror 00 Dollars 2,855 SF !
- .. . .. ~.,
Metals
Inst~truelu"'t s~ PUrim" !
Dollars LF $ 151 I $ '101- '2..
29 for ~::...-. ~ CS.. cO 1.976
Install Metal z-G~hannel Framing ~;.-. 1t/ $ 1(_~.~.....
30 Dollars 4,140 SF ,..
for...~ \~ [ (00 .-..
31 }:taI~~ Z'\(l~ Dollars 380 IF $ 5. 2..q $ Zol<
--- --
32 ~~~tt&~ct \O/co~ Dollars 426 LF $ /2.{0 I $ S7~3
I ....---
Metal Standing Seam ~oofj~ J $ tf <jq $ t/t,/S2
33 for ~J7~ A c-.. rl '\. IuD Dollars 9.240 SF
PJbb~~etat Wall pa~~ <is I -~~.r'lI~ 4$ 31. I~{
'$4 for J'oo..Jo.. c;...,.v.... '\ I o::v Dollars 6,602 SF
IIl$tall6ase Aa~~ng wi~ ~I .. .~Q. LF $ZO.1-2 $ "16~~
35 for:::ti~..... L^ .Wo Do~~~. -.--- ---..-..... '" -~ ,.-..-......
36 Install Metal Gutters ~ cl ~<) I 305 LF $ 4- e5' . $ Ii/~
for rtn^-^- ~ _..... C OU.. Dollars " .........--~---
'ns~1 Downspouts &. Connect to ExiSting Storm 6 EA $tfIO~,!q ~.~.?"t~m._
Drainage S~em A A I&>. .^ u.,q two
~- for ~. ^ Dollars
ExhavstTurblneS.A A, .:t ~ 1IJo...,,- \~ 6. .EA.....L!__t!..~:..{{l ~ ..'f~~ _..
38 for 4 , t1' A. -x:.', ^ ..1.0 A 1....1o.A Dollar '(i()
.. - v .'
l:ni:lllecrin~ I \!I: ~~1{4~~.Sj47
:W t;. M~in Street Frud41-i488-6006
A..hlalld. ()r~" 97$2Q trY: 600/73$-2900
w?:l.:.a~hl^,)d...'.u.
a:\pul>-\l.'Ib~-3Cllllin\F.:NOlNEt1<.'J'J('()lt:X.'I',2'lOCl\l.Xl-OWU! COl\~n>ctkln A<k1etulurn No ZAQ<)
,.,.
I UNIT PRICE
DESCRIPTION OTY. UNIT (FIGURES) AMOUNT
Miscellaneous Metals I $
39 for 51:l/~}11JI()vtYl?lP -p..>tJ J.lil1-{f)fl~~rY">>Dollars 1 LS $ :{Z/3Z- '1Z.Bz.
Miscellaneous Moisture Control $ ttJ5l $
40 for O1I~mo~u.,4?/.I> ~Nt:..IIII-.fb{2eo -/),.,f'F Dollars 1 LS { SOl
Steel Ramp - 7" X 7" ~ . $ 13i{O( $
41 for17lltrrnJtHolJs.4'1I~ FliHl fb,HPttrQ .tif"' Dollars 1 EA /3 {DI
Openings
Install Exterior Door - Half Light 3'-0" X 7'-0" $ ~ -rz( $ '20 rt(
42 for jv.Jo(/j""~1t'i.J9 ,Xtnlry f'FdlJ.t( Dollars 1 EA
.---.-.----
Install Exterior Doors - Half Light 6'-0" X 7'% $ iftt./fJ $ "3~?~
43 for n6Hr' -1Y6~j..t)Jf) -rwbJ.(u,Jp~ N/1..terv ollars 2 EA
1---.-----------------
Install Overhead Door - Coiling Door 12' X 12' $ -:ft./X $
44 for.5'fi:,:(f.(t/..NSot('H.J> 1I(iJC)(...w~j firff 6~ Dollars 2 EA tq~(
Install Window (8 - 4-ft x 6-ft per plan) $ 50.11 $ 51v:f
45 fort't'V't' fJlw.(/l1lf) NlltJnt*,J~' 5fl11)J Dollars 192 SF
Finishes
Clean & Seal Existing Concrete Floor i !
46 for 1'aJ/t -(J{MI./rnj) f'/'Ifflv1rH>n~'O I':I~Htf ~ Dollars 5,712 LS $ "- i?O~ q',>~~~~
Paint Exposed Interior Structural Members $ &k2Lr $ ~IJoL___
47 fort7Mr -11(u"'~~p ,:I6ti"'-"(J~ 1lJO Dollars 1 LS
pai(\~xtert Doer & F(~~S L.-T. $ /1/ $ eS;z.
48 for .. n . A JuD 'n1'. ,^(M(\ Dollars 5 EA
'-..J
Thermal Control
49 Caulking & Sealants - Joint Sealants 1 LS $21&1_ $ Z1g1
---------------.
Install Ba~~'tion R-30 in Roof $ , t)D $ -:ft(11
50 for ,(au- nnllars -, 9,240 SF
Woods & Plastics
Rough Carpentry Miscellaneous Blocking & Framing I
1$ Z1~ $ z,tjq
51 for1Utrr1Ij}~..~1) 1J1"'&rl(,..4{l.-~ N-nY~Yl... Dollars 1 LS I
Specialties
Install Louver (2 - 3-ft x 3-ft per plan) $12- '1 Z- f $ /1.72
52 for t))(f1ll()(,.>-914o s,'''.Jlot/'JPttep St:..i().t~~ Dollars 18 SF
------..----------.-. ._---_...__._._.__._._~._.__..._._-_.~.
Miscellaneous - FEC I $ 2-177 I $ 57?
53 for ri.JE t/p"OfJ.t'P t-In{..crY ~ Dollars 2 EA
Electrical
Install 3-in Conduit r& I I.
54 for ()",,~1'N<:7'Mn<O f"w-(l. rfur<Nlil) :;;-pySCl/ ollars 68 LF 1$ zrr;;f; ; $ It(t:f-
-----j------------------
Pull Boxes I
55 for ?, ~"'r #..,..n:>rr.:"V.;l ",rf-Y Wi'> Dollars 2 EA $ LlZt; I $ ~5Z
__L-.:__ ________
En~ineering
20 E. Main Street
Ashland. Oregon 97520
www.ashland.or.us
G: pub-wrks cng'dt'pt-admin'ENGIN EER PROJECT 2006,00-0 I ELE Construction Addendum No 2.doc
T d: 541488-5347
Fax: 541-0488-6006
TrY: 800/735-2900
DESCRIPTION
Building Demolition
Sawcut & Remove Existing Concrete Slab for
Plumbi~g Lines
56 for \ O'\J - Dollars
Concrete
57
58
T d: 54 L.t88-534 7
Fax: 541-c488-6006
TTY: 8001735-2900
$1 o~~ $
$ BS:~ $ ,?;Ff:t:":J, 0 D
. --'-~'-~-'----_._'_._--'---
2~CO ~~)110.s
- -\--------~-----
QTY. I UNIT
135 LF
4 CY
4 CY
BID TOTAL $
Engineering
20 E. Main StrL'et
Ashland. Oregon 97520
www.ashland.or.us
G: pub-wrksengdept-admin ,ENGINEER' PROJECT 200606-0 I ELE Construction Addendum No 2.doc
UNIT PRICE
(FIGURES)
1$ 6~
AMOUNT
$
B~
\\~--
. CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ri.'
Employees must be paid a
living wage:
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $17,342 or more.
~ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or portion
of business of their employer,
if the employer has ten or
more employees, and has
received financial assistance
for the project or business
from the City of Ashland in
excess of $17,342.
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued
to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding
or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that
it is no longer subject to backup withholding. Contractor further represents and warrants to City that
(a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed
and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its
terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it
is a corporation authorized to act on behalf of the entity designated above and authorized to do
business in Oregon or is an independent contractor as defined in the contract documents, and has
checked four or more of the following criteria:
./ (1) 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.
I (2) Commercial advertising or business cards or a trade association membership are purchased
for the business.
/
(3) Telephone listing is used for the business separate from the personal residence listing.
/
<J
(4) Labor or services are performed only pursuant to written contracts.
./
v
(5) Labor or services are performed for two or more different persons within a period of one
year.
V (6) I assume financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
/1"-WILLlAM D. JESCHKE
or CHIEF FINANCiAL ER
-3:r1 J.r I
Date
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-01 ELE Batzer Contract Docs 3 ORdoc
Form W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. October 2007)
Department of the Treasury
Internal Revenue Service
N
Q)
g> Business name. If different from above
c.
c
o
Q) ~ Check appropriate box: 0 Individual/Sole proprietor Corporation 0 Partnership
~~ 0 limited liabiltty company. Enter the tax classification (D=disregarded entity. C=corporatlon, P=partnership) ~ .. 0 Exempt
:s 2 0 Other (see instructions) ~ payee
:5 ~ Address (number, street, and apt. Requester's name and address (optionaQ
n:~
;;::
'0
~ ?soJ
Q)
Q)
(f)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid I Social secu~..ity num~:er
backup withholding. For individuals, this is your social security number (SSN). However, for a resident ,
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Taxpayer Identification Number (TIN)
Certification
Under penalties of pe~ury, I certify that:
1. The number shown on this form is my correc1 taxpayer identification number (or I am waiting for a number to be issued to me), and
2, I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currentiy subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person ..
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Date ..
3-'-!-{)J
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
. An estate (other than a foreign estate), or
. A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Form W-9 (Rev. 10-2007)
I BATZER~~
DESIGN. BUILD
Batzer Inc.
PO BOX 4460
MEDFORD, OR 97501
Ph: 541-773-7553
CCB # 132902
,J
Letter of Transmittal I
To: CITY OF ASHLAND
20 EAST MAIN
ASHLAND, OR 97520
Transmittal #: 3
Date: 3/1412008
Job: 9213-08 ASHLAND ENCLOSE METAL BUILDING
~\'
Ph: 541-488-6004 Fax: 541-552-2059
Subject: Contract 90 N Mountain 06-01 ELE
WE ARE SENDING YOU
r Shop drawings
r Copy of letter
r Attached
r Prints
r Change order
r Under separate cover via None the following items:
r Plans
r Samples
r other
r Specifications
Document TVDe Copies Date No. Description
Other 2 3/13/08 Contract
---- -- .-- - --- -,.,_._~------_.--~ -- -----
Other 1 3/13/08 Payment Bond
-- -- ------- -'----- -_._-_..~~---,------ .----
Other 1 3/13/08 Performance Bond
--.----- ----- ._._----~.__..- ._- --"'--'---
THESE ARE TRANSMITTED as checked below:
r For approval r Approved as submitted
r- For your use r Approved as noted
r As requested r- Returned for corrections
r For review and comment .. Other
I
r- FOR BIDS DUE [- Prints Returned After Loan to Us
r Resubmit _ copies for approval
r Submit _ copies for distribution
r- Return _ corrected prints
Remarks: Insurance certificates to follow under separate cover.
Copy To:
F~om: Carrie B~
Signature: L,
Rec'd By
Signature:
If enclosures are not as noted, kindly notify us at once.
Page 1 of 1
Page 18
PERFORMANCE BOND
The undersigned Batzer rne. . as principal,
further referred to in this bond as Contractor, and Western Surety Company. as surety,
further referred to in this bond as Surety, are jointly and seve~!.~ bgun~ un~ City of A~a%~ ~
obligee, further referred to in this bond as City, in the sum of Three ulluliare3 .~:5Hy.r..FBur &11~gn88-
Dollars ($ 298,344.00 ).
Contractor and City have entered into a written contract dated Mar c h 1 3, 20 0 8 .
for the following project: Enclosure of Metal Building at 90 North Mountain Avenue. This contract
is further referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract, as required by ORS 279C. 380 through 279C,385, then this obligation is
null and void; otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the
contract in accordance with its terms and conditions and pay to City all damages that
are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
G:\pub-wrkS\eng\dept-admin\ENGINEER\PROJECT\20061.06-01ELE Electric Enclose Bid Doc 907.doc
Page 19
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:
929450032
Bond Agent:
Address:
John D. Klump, Anchor Insurance & Surety, Inc.
1201 SW 12th Avenue Suite 500
Portland, OR 97205
Telephone:
503-224-2500
13th
day of March
2008.
SIGNED this
wrTNESS:
(Corporate Seal)
CONlRACTO:;: "a71BIP
Title: "Russ Batzer, President
Attest:
Ross Lane/PO Box 4460
97501
Legal Address: 1 9 0
orate Secretary
. Batzer, Secretary/Treasurer
WITNESS:
SlntETY:Western Suret
B:
')
-...---'
(Corporate Seal)
Title: Tamara A.
Legal Address: P.O. Box 4049
port1an~~. ~~~
Attest: __
Corporate Secretary
John D. Klump, AGENT/WITNESS
--ell
G:\pub-wrKs\eng\dept-admin\ENGINEER\PROJECT\2006\06-01ELE Electric Enclose Bid Doc 9 07.doc
Page 20
PAYMENT BOND
The undersigned Batzer Inc. . as principal,
further referred to in this bond as Contractor, and Western Surety Company. as surety,
further referred to in this bond as Surety, are jointly and sever~ bo~nd cMt~ Gl1ft of As~l.fi~t a~
obligee, further referred to in this bond as City, in the sum of tlWee ulluKare~ ~6fty FBur &h~gn58-
Dollars($ 298,344.00 ).
Contractor and City have entered into a written contract dated Ma r c h 1 3, 20 0 8 .
for the following project: Enclosure of Metal Building at 90 North Mountain Avenue. This contract
is further referred to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,
and promptly makes payment to all claimants, as defmed 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 ofthe bond premium shall not invalidate this bond.
G:\pub-wrkS\eng\dept-admln\ENG1NEER\PROJECT\2006\06-01 ELE Electric Enclose Bid Doc 9 07.doc
Page 21
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:
929450032
Bond Agent:
Address:
John D. Klump, Anchor Insurance & Surety, Inc.
1201 SW 12th Avenue Suite 500
Telephone:
Portland, OR 97205
503-224-2500
SIGNED this
13th
day of
March
2008.
(Corporate Seal)
CONTRACTO~: B~
Tille:~uss Bat er, President
Legal Address: 1 90 N. ~os sLane / PO Box 4460
WITNESS:
(Corporate Seal)
rporate Secretary
W lliam J. Batzer, Secretary/Treasurer
SURETY: Western
By:
Title: Tamara A.
Attest:
WI1NESS:
)
Legal Address: P. O. Box 4049
port~'~R 9~:08 .~~
<..:~ ,..-
". ".' v ~
,...."'...,.,-'4..""..0 ,"'"
c\ Corporate Secretary'
John D~ Klump, AGENT/WITNESS
--...
Attest:
G:\pub-wrl<s\eng\dept-admin\ENGINEER\PROJECT\2006\06-01ELE Electric Enclose Bid Doc 9 07.doc
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Philip 0 Forker, Ray M Paiement, John D Klump, Gene M Dietzman, James Dooney, Vicki
Mather, Gloria Bruning, Richard W Kowalski, Tamara A Ringeisen, Brent Olson, J Patrick
Dooney, Karen A Pierce, Individually
of Portland, OR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 18th day of January, 2008.
~,,\~\iiii-~/~~
!,-~......_.........('o\.
!~i o..~o"";'\\\
i=\t.i ~j:J
~~\\~E:",""ii{l
,r....... ......1'$'
OcI;:-.--....o~
"~,~~
WESTERN SURETY COMPANY
-;2/ifg
Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} ss
On this 18th day of January, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
: D. KRELL :
~~NOTARY PUBLIC~~
s\3f!:i)SOUTH DAKOTA ~s
s s
+~~~~~~~~~~~~~~~~~~~~~~~+
/JLd
~P"bli'
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
+,+'';:;ET~,..,.
$~.t'...-.o""'" C'o'~
!::!Io"~ ""~\~\
i::i" C"'=i
~},.~E: '" ,-;...{!/
,~'"
WESTERN SURETY COMPANY
cr ~~i'~S"re"ry
Form F4280-09-06
I BATZER.I
DESIGN. BUILD
Batzer Inc.
PO BOX 4460
MEDFORD, OR 97501
Ph: 541-773-7553
CCB # 132902
Letter of Transmittal'
To: CITY OF ASHLAND
20 EAST MAIN
ASHLAND, OR 97520
Transmittal #: 4
Date: 3/18/2008
Job: 9213-08 ASHLAND ENCLOSE METAL BUILDING
Subject: Insurance Certificate: 90 N Mountain 06-01 ELE
r Shop drawings
r" Copy of letter
r Attached
r Prints
r Under separate cover via None the following items:
WE ARE SENDING YOU
r Change order
r Specifications
r Samples
r Other
r Plans
Document T
Other
Copies Date
1 3/18/08
No.
Descri tion
Insurance Certificate
THESE ARE TRANSMITTED as checked below:
r For approval r Approved as submitted
~ For your use r Approved as noted
~ As requested r- Returned for corrections
r For review and comment r Other
r- FOR BIDS DUE r Prints Returned After Loan to Us
r Resubmit _ copies for approval
r Submit _ copies for distribution
r Return _ corrected prints
Remarks: Insurance Certificate for your file.
Copy To:
From: carrieBro~
Signature: __
Rec'd By
Signature:
If enclosures are not as noted, kindly notify us at once.
Page 1 of 1
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID s~ DA ll: (MMlDD/YYYY)
BATZE-l 03/18/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Anchor Insurance - Portland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1201 SW 12th Ave. , Sui.te 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Portland OR 97205-2030
Phone: 503-224-2500 Fax: 503-224-9830 INSURERS AFFORDING COVERAGE NAIC.
INSURED INSURER A:. Bi.tuminous Casualty Corp
INSURER B: I:l.1.i.noi.1I National. Insurance Co
Batzer Inc. INSURER C:
PO Box 4460 INSURER D:
Medford OR 97501
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING
ANY REQUIREMENT, ll:RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V'vlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRD TYPE OF INSURANCE POLICY NUMBER I"D~~1MM/DDIYYl DATE MMlDOiY'Yi" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
- ~~~~~'Es ~E~"o~~nce\
A X ~ COMMERCIAL GENERAL LIABILITY CLP 3241212 05/01/07 05/01/08 $ 300,000
f-- ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000
I POLICY !Xl ~~8r n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
-
A ~ ANY AUTO CAP 3512452 05/01/07 05/01/08 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000
B ~ OCCUR D CLAIMS MADE BE 0848207 05/01/07 05/01/08 AGGREGATE $ 5,000,000
$
~ DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION AND ~IU~~-
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~PE~I~~~J!~?~~s below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: ENCLOSURE OF METAL BUILDING AT 90 NORTH MAOUNTAIN AVENUE - ASHLAND, OR
THE CITY OF ASHLAND, OREGON, ITS OFFICERS, EMPLOYEES AND AGENTS ARE
ADDITIONAL INSUREDS PER ATTACHED ENDORSEMENT GL 3084 (12/01) WHICH FORMS A
PART OF THE INSURED'S GENERAL LIABILITY POLICY.
ASHLA-l
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DAll: THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTlFICAll: HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR L1ABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
CERTIFICATE HOLDER
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
20 EAST MAIN STREET
ASHLAND OR 97520
/?~~
\l::I___n.IJ __n...-- "".~nON 1988
ACORD 25 (2001/08)
INSURED:
B.
BATZER INC. POLICY NO. eLP 3241212
BLANKET ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS
SECTION II . WHO IS AN INSURED is amentled to include:
Any person or organization fOf whom you are perfonning operations if you and such person or
organizatiOn have agreed in a wrttten contract or written agreement executed prior to any loss
that such person or organization win be added as an acIcfltional insured on your policy but only
with respect to "bodily injury," "property damage" or "personal and advertising injury" caused, at
least in part, by your negligence and with respect to liability resulting from:
1. Your ongoing operations for the additional insured(s), or
2. Acts or omissions of the additional Insured(s) in connection with their general supervision
of such operations.
With respect to the Insurance afforded these additional insureds pursuant to this endorsement
and the above referenced General liability Form, the following additional provisions apply to
limit that coverage:
1. We will have no duty to defend the addItional insured against any "suit" seeking damages
for "bodily Injury," "property damage" or "personal and advertising injury," until we receive
written notice from the additional Insured requesting that we defend it in the "suit."
2. The Umits of Insurance applicable to the additional insureds under this endorsement are
those specified in the written contract or agreement requiring this coverage, or as stated In
SECTION III. UUlTS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM, whichever Is \en. These Umlts of Insurance are Inclusive of and not
in addition to the limitS of Insurance described In SECTION III of that form.
3. As additional conditions of coverage under this fonn. an additional insured under this
endorsement will as soon as practicable:
a. Give written notice to us of an "occurrence" or an offense which may result in a claim.
This shan include:
(11 How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence"
or offense.
b. Give written notice to us of a claim or "suit" brought against the additional insured
including specifics of the claim or "suit" and the date received.
c. Give written notice of such claim or "suit,. including a demand for defense and
indemnity, to any other insurer who had coverage for the claim or "suit" under its
policy(ies), either at the time of, or at any time subsequent to the occurrence of the
"bodily injury," "property damage" andlor the offense causing the "personal and
advertising injury," which is the basis for such claims or "suit",
(1) Such notification must demand the full coverage available under that policy.
(2) The additional insured shall not take any action to waive or limit such other
coverage available to it.
4. This insurance does not apply to:
GL-30B4 (12/01)
-2-
~. "Bodily injury" or "property damage" occurring after:
(1) All work on the project (other than service, maintenance, or repairs) to be
performed by or on behalf of the additional insured(s) has been completed; or
(2) That portion of ''your work" out of which the injury or damage arises has been
put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal as a
part of the same project.
b. "Bodily injury" or Mproperty damage" resulting from any act or omission of the
additional insured(s) or any of their employees, other than the general supervision of
work performed for the additional insured(s) by you.
Any coverage provided herein will be excess over any other valid and collectable insurance
available to the additional insured(s) whether primary, excess. contingent or on any other basis
unless you have agreed in a written contract or written agreement executed prior to any loss that
this insurance will be primary. This insurance will be noncontributory only if you have so agreed in a
written contract or written agreement executed prior to any bss.
o BLANKET WAIVER OF SUBROGATION
Item 8. of SECTION IV _ COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and
replaced with the following:
8. Transfer of Rights of Recovery Against Others to U. and Blanket Waiver of Subrogation.
a. If the insured has rights to recover aU or part of any payment we have made under this
Coverage Form. those rights are transferred to us. The insured must do nothing after
loss to impair those rights. At our request, the insured will bring "suit" or transfer those
rights to us and help us enforce them.
b. If required by a written contract executed prior to loss, we waive any right of recovery we
may have against any person or organization because of payments we make for injury or
damage arising out of "your work" for that person or organization.
D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL
Item A.2.b. of the COMMON POLICY CONDITIONS. is deleted and replaced with the following:
A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason.
Item 9. of SECTION IV _ COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and
replaced with the following:
9. WHEN WE DO NOT RENEW
a. If we choose to nonrenew this policy, we will mail or detiver to the first Named Insured
shown in the Declarations wrltten notice of the non renewal not less than 60 days before
the expiration date.
b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed
that you may extend the period of this policy for a maximum additional sixty(60) days from
its scheduled expiration date. Where not otherwise prohibited by law, the existing terms,
conditions and rates will remain in effect during that extension period. It is further agreed
that so long as it is not otherwise prohibited by law, this one time sixty day extension is the
sole remedy and liquidated damages available to the insured as a result of our failure to
give the notice as prescribed in 9. a. above.
GL-3084 (12/01)
-3-
~A'
('ITY RCC'OPDf=R
CITY OfU, c.' 1"\ -
A~~~~~D r=~
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
~~
. 08201 .........
VENDOR: 008014
BATZER, INC.
POBOX 4460
190 N ROSS LANE
MEDFORD, OR 97501
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
Req. No.:
Dept.: ELECTRIC
Contact: Dick Wanderscheid / Dale Peter
Confirming? No
Enclose Covered StoraQe BuildinQ
298,344.00
Contract for Public Works Construction
Date of aQreement: March 13, 2008
BeQinninQ date: 04/04/2008
Completion date: 07/31/2008
Insurance required/On file
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
LW-~cr/~
Authorized gnatur
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
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Date of Request:
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Add.....
City, State, Zip
Telephone Number
Fax Number
Contact Name
-B::;;; ~~vue-1'OA)
~ J/. /2.()~ w
~ M. ::t'so I
)
Intermediate Pnlcurement
o (3) Written Quotes
(CopIes atta:hed)
CooD8l'ltlve ProcuI1llll8nt
o State of ORJWA contract
o Other government agency contract
o Copy of CXlO~ attached
o Contrad #
InvItaUon to BId
(CopIes on file)
Sole Source
o WrItteri findings attached
Reauest for ProDOlll
(CopIes on file)
SDICIIII ExemDt
o Written findings attached
Emeraenc;y
o Written findings attached
Deearlptlon of _RVlCD
E~~7~~
o Per attached PROPOSAL
Item'" Quantity Unit
......ptIon of IlATI!IUAUI
Unit Price
Total Cost
o Per attached QUOTE
.,MIPg r~
Project Number ______. ___
I~
Account Numbtr~~. Lt.. . L~. ti). 7P!!.2:f!O
· Items and services must be chalg8d to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
By signing this requisition form, / certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature:
Supervlsor/Dept. Head Signature:
UpdaEd on: 7/1312005
G: FInance\ProcedurelAPlForms\8_Requlsitlon form revIsed.doc