HomeMy WebLinkAbout2010-155 Contract - Taylor Site Development
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ASHLAND CITY OF ASHLAND
,., PUBLIC IMPROVEMENT CONTRACT
JEFFERSON A'VENUE IMPROvEMENTS'
Project No. 200S2.IQ
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon (hereinafter "City" ) and Tavlor Site Development, Inc. (Hereinafter "Contractor"). The
City's Project Manager for this Contract is Karl-Johnson/Ciiv of Ashlarid Public Wdr~
Deodr-mieni.
WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package
(including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and
Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and
Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda
No._I_ through No. _2_, more particularly described in Standard Condition 5, (hereinafter
referred to as "Contract Documents") for its project entitled "Jeff~spij.(AyenJeJnlpr6~ementi!"
and
WHEREAS, Contractor did on the 2nd day of September, 2010, file with City a bid to furnish
equipment, labor, material, and appurtenances for construction of said project as set forth in the
Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth
in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms
and conditions upon which the Contractor proposes to furnish said equipment, labor, material and
appurtenances and perform said work, together with the. manner and time of furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and
agree as follows:
1. Recitals.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on Septeniher:S. 2010.11 or on the date at which every party has signed
this contract, whichever is later. The work under this contract shall, unless otherwise terminated
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or extended, be completed on or before Mav 31,2011 or before .c., ";~c,~ calendar days following
Contractor's receipt of the Notice to Proceed, whichever is earlier,
3. Statement of Work
City of Ashland
Augusr 10, 2010
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The work under this contract is for Jefferson Avenue imorovements, includinf! street
imorovements, in-water work for creek crossinf! via a multi-olate arch: oavinl!. curb and I!utter,
sidewalks, storm drain. water. sewer and other utilities as is more fully described in the Contract
Documents, incorporated herein and made a part hereof by this reference. The statement of work,
including the delivery schedule for the work, is contained in is contained in the Contract
Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date
the Contract is signed and further acknowledges Contractor has read and fully understands the
Contract Documents, and understands that in si'gning this Agreement contractor waives all rights
to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract
Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment
and services of all kinds required for, necessary for, or reasonable incidental to, performance of
the work, that is, the construction of this Jefferson Avenue Imorovement Project for the City of
Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal,
County, State, or Federal Permits or licenses including payment of permit fees, license fees and
royalties necessary or incident to performance of the work on this contract. The risk of loss for
such work shall not shift to the City until written acceptance of the work by the City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, a sum of: ($5'1~;7~'9iQ91 for accomplishing the work required by this contract,
including allowable expenses. This sum cannot be modified except by Change Order approved
in writing by City. Any progress payments to Contractor shall be made only in accordance
with the schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this
contract during the cun:ent 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
tiscal 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.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print: Taylor Site Development
Contact Name: _Mark Taylor_Phone: _541-779-3565 _Fax: 541-858-7031
Address: 1501 Sage Road, Suite B, Medford, OR 97501
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy ofW-9 is to be
submitted with tlie signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License # Construction Contractors Board # 133046
Citizenship: Nonresident alien Yes V No --
City of Ashland
August 10, 2010
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. , Bl,lsil)es,s Designation (check one):'
,. Partnership
Individual
V Corporation
_ Sole Proprietorship
_ Government/Nonprotit
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 LD. number provided
above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information
not matching IRS records could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A) together with Exhibits B through J together with all other Contract
Documents as described in Standard Terms and Conditions Section 5 below, and the separately
bound Oregon 2008 Standard Specifications for Construction, as amended by the City of
Ashland's most recent Addenda to the 2008 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; I hereby certify, under
penalty of perjury and false swearing, that limy business arnIis not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
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Signed by Contractor:
--;:{1tWc-~~ ~e.5/?7'e/? t;-
Signa re/Title ,
Printed Name: Mark Taylor
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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 as well as City Finance and
Legal Department representatives.
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Date
CITY OF ASHLAND SIGNATURE'
Approved:
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...Lo......s I/.oltlt>.... t, Irector of Public Works, City of Ashland (4,;".,.,,1 Date
- A horized by Ordinance 3013 and Delegation Order dated Jun't'22, 2010
Coding:
Reviewed:
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Lee Tuneberg, Fina ce Director
Reviewed:
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(funds appropriated current fiscal year) Date
City of Ashland
Augusr to, 2010
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Richard Appicello, City Attorney
( ~ ~~ ~~ t)1ro~.
(ap roved as to legal foi:n) U 'date: q Ii\/IO
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City of Ashland
August 10, 2010
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty ofpeIjury, 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 notitied 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
notitied 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 certities under penalty of peIjury 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:
V (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.
,/ (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
r./ (3) Telephone listing is used for the business separate from the personal residence listing.
/ (4) Labor or services are performed only pursuant to written contracts.
i/ (5) Labor or services are performed for two or more different persons within a period of
one year.
i/ (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.
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Contract<lr Signature Date q -14,.-10
City of Ashland
AUY!lsr 10, 2010
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EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
1. Contractor is Independent Conlractor
a. Contractor shall perfonm the work required by this contract as an independent contractor. Although the City
reserves the right (i) to specifY the desired results; (ii) to detenmine (and modify) the delivery schedule for the work
to be perfonmed; and (iii) to evaluate the quality of the completed perfonmance, the City cannot and will not control
the means or manner of the Contractor's perfonmance. The Contractor is responsible for detenmining the appropriate
means and manner ofperfonming the work.
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 p.
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 Pubiic 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 contnict, 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 wi1l provide in all subcontract agreements that the Subcontractor,
material supplier and equipment supplier will be bound by the tenms 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 tenminated for default of Contractor.
, Contractor covenants and agrees to bind any and all subcontractors for perfonmance of work under this Contract in
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the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the
perfonmance 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 tenms. Nothing
in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons
unless such third persons are individually identified by name herein and expressly described as intended beneficiaries
of the tenms of this contract.
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August 10, 2010
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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 Fonn, Surety Bond, Public
Improvement Contract, Contract Standard Tenns and Conditions and Exhibits thereto, Perfonnance Bond, Payment
Bond, Special Provisions, Plans entitled" Jefferson Avenue [morovemenls", Construction Drawings, Standard
Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the
Prevai/inf! Waf!e (BOLl) if aoo/icable AND any other sevarate/v bound reference, Oregon 2008 Standard
Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits,
schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be
deemed a part of the Contract Documents and incorporated herein, where applicable, as iffully set forth herein.
6. Contraclor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the
Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this
reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors,
ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by
the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey
understanding of terms and conditions for perfonning and furnishing the project work.
7. Drug Testing tORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that
includes, at a minimum, the following:
i. A written employee drug-testing policy,
ii. Required drug testing for all new Subject Employees or alternatively, required testing of
all Subject Employees every 12 months on a random selection basis, and
iii. Required testing of a Subject Employee when the Contractor has reasonable cause to
believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug-
testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that employee will be
working on the Public Improvement project job site.
c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a
Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect
for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further,
the City's perfonnance obligation (which includes, without limitation, the City's obligation to make payment) is
contingent on Co~tractors 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
City of Ashland
AugfJSf 10, 2010
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ii. Require that the subcontractor's Subject Employees partIcIpate in the Contractor's Qualifying
Employee Drug-testing Program for the duration of the subcontract.
8. Notice to Proceed
Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond,
payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed
and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the
need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work
within fifteen (15) 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 (I), the
Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs
resulting rrom 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 rrom
such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this
contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal. State, or
Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this
contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in
accordance with specifications.
to. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed
appropriate in its sole discretion.
c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City,
in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the
Contractor's surety, seven (7) days prior written notice of a termination for public convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the
other: Prior to such termination, however, the party seeking the termination shall give to the other party written
notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15
City of Ashland
August 10, 2010
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days of the notice, then the party giving the notice may tenninate the Contract at any time thereafter by giving a
written notice oftermination.
J J. Payment on Early Termination
a. If this contract is tenninated under I O(a)(b) or (c), the City shall pay the Contractor for work perfonned in
accordance with the Contract prior to the termination date. .
b. If this contract is tenninated under 10(d), by the Contractor due to a breach by the City, then th.e City shall
pay the Contractor as provided in subsection (a) of this section.
c. If this contract is tenninated 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.
J 2. Remedies
In the event oftennination 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 tennination 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 tennination of the
Contract and receipt of payment as provided in section II (b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents,
papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts,
and transcripts for a period of three years after final payment. Copies of applicable records shall be made available
upon request. Payment for cost of copies is reimbursable by the City.
14. Ownership of Work
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. Preexisting trade secrets of the Contractor shall be
noted as such and shall not be considered as a work product of this contract. All such work products shall be
considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent
laws.
Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is
at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City.
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August 10. 2010
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All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of
City. Such mater}als are subject to Oregon Public Records laws.!
15. Compliance wilh 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-C, 279C.500 through
279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth
on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS
279C.360, 279C.365(4), and 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.IIO (Prohibition on Discrimination in Subcontracting);
ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Tennination); ORS 279C.520,
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 perfonning work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the
Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS
701.035 to 701.055 before the subcontractors commence work under the contract.
17. Prevailing Wages/ BOLl Fee
a. Contractor 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 perfonning this Contract, Contractor will pay and cause to be paid not less than the
prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every
worker who may be employed in and about the perfonnance of the Contract. In accordance with ORS 279C.838,
each worker in each trade or occupation employed in the perfonnance 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 BOll prevailing wage schedule and federal wage rate schedule, if applicable, are attached to
these Contract Documents as Or can be found at the following websites:
www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract
specifications, the City shall also include in the specifications infonnation showing which prevailing rate of wage is
higher for workers in each trade or occupation in each locality, as detennined by the Commissioner of the Bureau of
Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules)
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(l), the existing prevailing rate of wage that may be paid to workers in each
trade or occupation required, in the form of a BOll 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( I)]
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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. [f 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 (BOLl), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that
conforms to the requirements ofORS 279C.845.
18. Hours of Labor (Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than [0 hours in anyone day. or 40 hours in any
one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases,
except in cases of contracts for personal services, the employee shall be paid at least time and a half pay:
(a) (I) For all overtime in excess of eight hours in anyone day or 40 hours in anyone week when the work week is
five consecutive days. Monday through Friday; or
(2) For all overtime in excess of 10 hours in anyone day or40 hours in anyone week when the work week is
four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section
and from ORS 279C.520 and ORS 279C.540.
(d) When labor is employed by the City through another as a contractor, any worker employed by the contractor
shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is
filed with the contractor within 90 days from the completion of the contract. providing the contractor has:
(I) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted
in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and
freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the contract on which
workers are or have been employed.
(e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting,
of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)]
19. Medical Care and Workers Compensation [ORS 279C.530]
(I) Pursuant to ORS 279C.530( I), Contractor shall promptly, as due, make payment to any person, co-
partnership, association or corporation fumishing 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.
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August 10, 2010
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(2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work
under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers
Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of
its subcontractors complies with these requirements..
20, Reiainage
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance
with ORS 701.420 and 701.430. [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. [279C.550] Moneys
retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid
to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in
accordance with the two options below:
. The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust
company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the
City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and
pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds
or securities shall accrue to the contractor. {or}
. Iflhe 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( I) 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, infonn the contractor of all accrued costs. Bonds and
securities deposited or acquired in lieu of retainage, as pennitted 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 fonn acceptable to the City. The bond and any proceeds therefrom 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]
2 \, Progress Paymenls
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 perfonned 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 perfonned and materials incorporated in the work since commencing work
City of Ashland
August 10, 2010
31
~nder 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 (8S%) 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 (IS) 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.S70(4)(S)(6).
'.
g. Payment will be issued by City for the amount of the approved estimate, less five percent (S%) 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.S%) 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.S70(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: (I) 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, (S) 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.
City of Ashland
August to, 2010
32
.
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, excpet 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
lurther 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 detennining progress payments and are
notto 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 Eslimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the
work is considered substantially complete. If it appears to the City that the work is not substantially complete, the
City shall not make an inspection. The City may make a general list of major work components remaining. If it
appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice, make an
inspection and either accept the work or notify Contractor of work yet to be perfonned. If accepted, City shall
prepare a Certificate of Substantial Completion, Exhibil F. Upon acceptance of the Certificate of Substantial
Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work
described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the
work and all other applicable tenns of the contract documents. The date of substantial completion of all the work
shall stop the accrual ofliquidated 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 perfonned on the Contract. A Certificate of Final Completion shall not be prepared until
all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a
signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exbibit H).
b. 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 Perfonnance 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. .
c. 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.
d. 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 (I) 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 (I) year period,
the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if
revisions are maqe, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor
City of Ashland
August 10, 2010
33
.
expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement
thereof that Contractor might have had.
e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit
the Certificate of Final Completion and tinal estimate to the City for approval. Upon approval and acceptance by the
City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within
thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final
payment! retainage requirements ofORS 279C.570(8).
f. Monies eamed 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 detenmination 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.
g. 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.
h. 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 tenms of the Contract.
i. 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 perfonnance of the Contract.
j. 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
perfonmance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and
quantum meruit for any and all extra work perfonmed by Contractor without express and prior authorization of the
City.
24. Contractor/Subcontractor Payment Obligations
a. The Contractor is required to include in each subcontract for property or services entered into by the
Contractor and a first-tier subcontractor, including a material supplier, for the purpose ofperfonming this contract:
Ciry of Ashfand
Augllsr 10, 2010
34
i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory
perfonmance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under
such contract: [279C.S80(3)(a)] and
ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after
receipt of payment trom 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-lier subcontractor did not receive payment trom 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.SIS(2). [279C.S80(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of perfonmance of
such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest
penalty clause confonming 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.S80(4)]
c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS
279C.580(S) until such time as the Contractor has detenmined and certified to the City that the subcontractor is
entitled to the payment of such amount. [279C.S70( I )].
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a
subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to
subsections (3) and (4) ofORS 279C.S80 does not constitute a dispute to which the City is a party. The City shall not
qe included as a party in any administrative or judicial proceeding involving such a dispute. [279C.S80(2)]
e. The Contractor shall make payment promptly, as due, to all persons suppiying to the Contractor labor or
material for the perfonmance of the work provided for in the contract. [ORS 279C.SOS(I)(a)] The Contractor shall
pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund
trom the Contractor or Subcontractor incurred in the perfonmance of the contract. [ORS 279C.SOS(I)(b)] The
Contractor shall not penmit 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.SOS(I)(c)]
The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
[ORS 279C.SOS( I )(d)]
f. Pursuant to ORS 279C.SIS( I), 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.SIS(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 trom 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.S80 (4) and ending upon final payment, unless payment is subject to a good faith dispute as detined
in ORS 279C.S80. 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 trom the
City of Ashland
August 10, 2010
35
.
.
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 tile 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 ofa claim in the manner authorized in this section does not relieve
the contractor or the contractor's surety from obligation with respect to any unpaid claims.
. j. Living Wage Rates: (fthe amount of this contract is $18,703 or more, and Contractor is not paying prevailing
wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living
wage, as defined in Ihis chapter, to all employees performing work under this contract and to any subcontractor who
performs 50% or more of the work under this contract. Contractor must post the attached Living Wage *- notice
predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor'
shall be advised of the acceptance or of any deficiencies in the deliverable items.
26, Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial
loss if the project work is not completed within the timeframe specified in Section (I) of the Public Improvement
Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or
other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time.
Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but
not as a penalty) the Contractor shall pay the City Five Hundred Dol/ars per day ($500.00/day) for each and every
day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-
estimation of the damages expected because ofa 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, Liabilily, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards
as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of
Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify,
and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or
other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in
connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor
or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts,
errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of
the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work
City of Ashland
Augusr 10, 2010
36
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 perfonnance of the work. (b) unforeseen
difficulties. (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if
(a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a
condition or contributory cause of the claim. loss, damage or injury. Contractor waives any and all statutory or
common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought
against City under state or federal workers compensation laws. Contractor shall also defend and indemnifY City from
all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process.
If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed
or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a
limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any
such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City,
defend the same at the Contractor's sole cost and expense, promptly satisfY any judgment adverse to the City or to the
City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees,
suffered or incurred by the City.
,28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in
Exhibil C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price.
In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the
Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any
monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided
is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance
acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under
this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits). policy
numbers, effective and expiration dates and a description of operations covered. The certificate will include the
deductible or retention level and required endorsements. Insuring companies or entities are subject to City's
acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible
for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or
decrease the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds I Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall furnish: (I) Perfonnance 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 pennit the warranty amount to be included in
the initial perfonnance and payment bonds. The warranty bond or other financial assurance shall be in effect for a
period of one year from the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial
assuranCe shall be for a period of one year from the date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand
delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after
the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided
labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts
business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution
City of Ashland
August 10, 2010
37
t~ 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
a. 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, trom activities of the Contractor in perfonming 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 trom the date of completion of such repair.
If Contractor, after written notice, fails within ten days to proceed to comply with the tenms 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 trom 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 trom 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
trom employment such individual or to discriminate against such individual in compensation or in tenms, 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, tenmination, or suspension in whole or in part.q
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract
includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved
site, if feasible and cost effective. tORS 279C.51 O( i )&(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 Al!encies:
Agriculture, Department of
City of Ashland
August 10, 2010
38
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Anny 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 Wiidlife 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 At!encies:
Administrative Services, Department of
Agriculture, Department of
Consumer & Business Services, Department of
Oregon Occupational Safety & Health Division
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife. Department of
Forestry, Department of
Geology and Mineral Industries. Department of
Human Resources, Department of
Land Conservation and Development Commission
Parks and Recreation, Department of
Soil and Water Conservation Commission
State Engineer
State Land Board (Lands, Division of State)
Water Resources Department
Local Al!encies:
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
City of Ashland
August 10, 2010
39
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) Tenninate 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
(I) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference to known conditions at the construction site that may require the
successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a
condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a
reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or
regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice
of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be
required by any environmental or natural resource ordinance. rule or regulation, the Contractor shall not commence
work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of
this section without written direction rrom the contracting agency. Upon request by the City, the Contractor shall
estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting rrom 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) Tenninate 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
(I) Issue the contractor a change order setting forth the additional work that must be undertaken.
If the City chooses to tenninate the contract under either subsection(a) of this section, the Contractor shall be entitled
to all costs and expenses incurred to the date oftennination, 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. [[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 (t) of this
section shall include the appropriate extension of contract time and compensate the contractor for al1 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 detennination 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; and
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
City of Ashland
August 10, 2010
40
.
before or after completion and acceptance of work or payment therefore, rrom showing the true amount and character
of work perfonned 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 confonn 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 tenns of the Contract, or from enforcing compliance with the Contract. Neither
acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any
extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate
as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided.
A waiver of any breach of the Contract shall not be held to be a waiver of any other breach.
35.
Errors
'-
The Contractor shall perfonn 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. Governing Law
The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances
of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be
brought in the appropriate court in Jackson County. Oregon. If the claim must be brought in a federal forum. then it
shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no
event shall this section be construed as a waiver of the City of any form of defense or immunity..
37. Severability
If any tenn 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 tenns 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 tenn or provision held
invalid.
38. AUorney's Fees
If a suit or action' is filed to enforce any of the tenns 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.
39. 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.
40. Nolices/RiUs/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:
Karl Johnson, Engineering
City of Ashland
Public Works Department
20 East Main Street
Ashland, OR 97520
City of Ashland
August 10, 2010
41
.
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.
41. Connict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in
the performance oflhis contract no person having any such interest shall be employed.
42, 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.
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
A TT ACHMENTS: EXHIBITS A-J
STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS
COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
INSURANCE REQUIREMENTS
INDEPENDENT CONTRACTOR CERTIFICATION
BONDS (BID, PAYMENT AND PERFORMANCE)
CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF COMPLIANCE
RELEASE OF LIENS AND CLAIMS
CERTIFICATE OF FINAL COMPLETION
City of Ashland
August 10, 2010
42
EXHIBIT B
COMPLIANCE WITH APPLICABLE LAW
PUBLIC IMPROVEMENT CONTRACT
.
This exhibit contains the requirements for public contracting as set forth in ORS Chapter
279C.360 through and including 279C.800 and is available through the city Engineering Office at
51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors
City of Ashland
Augusr 10, 2010
43
EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the
term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be
without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall
maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in the State
of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage,
unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its
subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less
than. $1,000,000 or CJ $3,000,000 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
CJ Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less
than. $1,000,000 or CJ $3,000,000 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
CJ Not required by City
o Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the
value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall
also include: (I) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and
(5) supplies related 10 the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its
insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate
of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services
to be provided under this contract. This coverage shall be by endorsement physically attached to the
certificate of insurance.
The Contractor shall defend, indemnity, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers' compensation and employers liability coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
Ciry of Ashland
Augusr 10, 2010
44
endorsements. Insuring companies or entItIes
insurance policies shall be provided to the City.
insured retention's, and/or self-insurance.
are subject to City approval. If requested, copies of
Contractor shall be responsible for all deductibles, self-
City of Ashland
August 10, 2010
45
.
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
CORPORATION CERTIFICATION: [am authorized to act on behalf of the entity named below, and
certif'y under penalty of perjury that it is a corporation.
--r::f/a.e. $'-1',- .L::Pv,?/qp/W/7~C 7!t-~ ~
Entity Signatu
9-/.y-.2LJ/o
Date
B. CONTRACTOR IS INDEPENDENT.
Independent Contractor Standards. As used in various provisions of ORS Chapters including but not
limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for
remuneration shall be considered to perform the labor or services as an "independent contractor" if the
standards ofORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
I. 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
lice!,ses 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 70 I, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year, for labor or services
performed as an independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
(Check)'our or more of the following:)
V A. The labor or services are primarily carried out at a location that is separate from
Contractors residence or is primarily carried out in a specific portion of Contractors residence,
/ which is set aside as the location of the business.
~' B. Commercial advertising or business cards are purchased for the business, or Contractor has
a trade association membership.
Ciry of Asfl/and
August 10, 2010
46
/
~
/
C. Telephone listing is used for the business that is separate from the personal residence
listing.
D. Labor or services are performed only pursuant to written contracts.
E. Labor or services are performed for two or more different persons within a period of one
year.
F. . Contractor assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and
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.
'~~-4
Con actor Signature
q-/~-ZOlD
Date
Project Manager Signature
Date
City of Ashland
August to, 2010
47
City of Ashland, Oregon
PROPOSAL AND BID SCHEDULE
TO FURNISH ALL PERMITS, LABOR, TOOLS, MACIDNERY, MATERIALS, TRANSPORTATION,
EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF TIDS
PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE
COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
PLANS, SPECIFICATIONS, AND DRAWINGS WIDCH ARE ON FILE AT THE CITY OF ASHLAND,
CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520.
NAME OF BIDDER .rr;;ylor S;-te nev.e.IOJ)/"l1OrJ"t:7J'1C
CONTACT Nltl~ --r;iy/or
ADDRESS /501 6a9g 1<0 5re B
CITY;1r)(~dltPIIP STATE~ZIP r1~7J(
TELEPHONE NO. F'f/ - 77 (( - "3.;> t,..!J'-
FAX NO. .C;ljl- /3.';R - 7e3j
EMAlL ADDRESS '-Ed iJ1pclloL J {J ,7,1 I. ell L'1
To the Honorable Mayor and City Council
City Hall
City of Ashland
20 East Main Street
Ashland, Oregon 97520
In response to competitive bidding, this FIRM OFFER Is submitted as an olTer by the undersigned to enter
into a contract witb tbe City of Asbland for furnlsblng aU permits, labor, tools, machinery, materials,
transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, tbe
construction of tbe JelTerson A venue Improvements (hereinafter "Project") for tbe City of Asbland, Oregon,
as sbown in tbe contract documents on file at City Community Development Building, wbicb are a condition of
this OtTer as thougb they were attached. Tbls otTer Is subject to tbe following declarations as to the acts,
intentions and understandings of tbe undersigned and tbe agreement of tbe City of Asbland to tbe terms and
prices herein submitted.
1. The undersigned has familiarized themselves witb the nature and extent of the Contract Documents,
project work, slte,locality, general nature of work to be performed by City or others at the site that relates
to tbe project work required by tbe Contract Documents, local conditions, and federal, state, and local
Laws and Regulations that in any manner may atTect cost, progress, perfoniulDce, or furnishing of the
project work.
2. The undersigned has obtained and carefully studied (or assumes responsibility for ohtainlng and carefully
studying) examinations, investigation, exploration, tests, and studies whicb pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and whicb may alTect the cost, progress,
performance, or furnishing of the project work as Contractor deems necessary for the performance and
furnishing of the project work at the Contract Price, within the Contract Times, and In accordance with
the other terms and conditions of the Contract Documents; and no additional or supplementary
examinations, investigations, explorations, tests, reports, or similar information or data are or will be
required hy Contractor for such purposes.
~',!'I ,Jt .1'</II.md
ll,qltS' In, .:011}
3. It is understood that the City shall investigate and detennlne the qualifications of the apparent low
responsive hidder prior to awarding the contract. The City shall reject any bid hy a nonqualified or
disqualified hidder. The City of Ashland reserves the right to reject for any good cause any or all bids,
waive formalities, or to accept any bid which appears to serve the best interests of the City. The City
reserves the right to reject any hid not in compliance with all prescribed public hidding procedures and
requirements. and may reject all bids for good cause upon a finding that it is in the public interest to do so.
Evaluation of bids will be hased on minimum requirements estahlished by the specifications and
compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City
puhlic contracting rules. Additional evaluation criteria are as follows: None.
4. The deadline to file a written protest or request, pursuant to Instruction to Bidders to change contract
terms, conditions or specifications is not less than ten (0) calendar days prior to hid opening. Bid closing
may be extended by the City to consider a protest or request
.J
5. AU of the contract documents, including aU plans, specifications, and drawings have been examined and
an examination of the site of the proposed work, together with such investigations as are necessary to
determine the conditions to be encountered have been made by the undersigned and the terms and
conditions of the contract and solicitation documents are hereby accepted, and that if this OtTer Is
accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar
to that attached Agreement and agree to be bound to the terms and conditions of said contract and
solicitation documents.
I
J
6. It is understood that the contract drawings may be supplemented by additional drawings and
specifications in .explanatlon and elaboration thereof and, if they are not hi confilct with those referred to
in paragraph 1 above, they shall have the same force and etTect as though they were attached and they
shall be accepted as part of the contract when issued.
7. The undersigned agrees that upon written acceptance of this bid slhe will, within ten working days, of
receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees
that slhe will provide the following in order to execute the contract:
Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the
awarded contract;
Certificates of Insurance for Liability and property damage coverage;
Certificates of Coverage for Workman Compensation and unemployment insurance;
All other bonds, permits, licenses, etc. as required in the contract documents.\
8. It Is understood that all the work will be performed under a lump sum or unit price basis and that for
the lump sum or unit price aU services, materials, labor, equipment, and all work necessary to complete the
project in accordance witb the plans and specifications shall be furnished for the said lump sum or unit price
named. It Is understood that the quantities stated in connection with the price schedule for the contract are
approxlmaie only and payment shall be made at the unit prices named for the actual quantities Incorporated
in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it
shall be computed on a hasls of "extra work" for which an increase in payment will have been earned and if
there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the
undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials,
equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting
the undersigned in checking the undersigned's own independent calculations and that at no time shall the
undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for
any errors or omissions that may appear in any estimate.
9. The undersigned submits the unit prices as those at which he will perform the work Involved. The
extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating hid
comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit
prices shall govern. .
'.:-~ ::1 ,I..I;/..r:,t
l':./W,/1I1..,',}J{)
to. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipmeni and
services of all kinds required for, necessary for, or reasonahly incidental to, construction of this Project with
all appurtenant work as required by the plans and specifications of this OtTer for the unit or lump sum prices
in the "BID SCHEDULE".
11. In stating prices, it is understood that the prices include all materials and work required to complete
the contract in accordance with the plans and specifications. If any material, item or service required by the
plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be
furnished and placed with the understanding that the full cost to the City has been merged with the several
prices stated in the "BID SCHEDULE."
12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which
. appears to serve the best interests of the City in accordance with ORS 279B.l00. The City reserves the right to
reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City
in accordance with ORS 279B.l00. .
13. The foregoing prices shall include alllahor, materials, equipment, overhead, profit, insurance, and all
other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown
in both words and figures. In case of discrepancy, the amounts shown in words will govern.
14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formai contract
attached within ten days, deliver surety bond or bonds as required, and deUver required proof of insurance.
The bid security attacbed in the sum of five percent of the total price for the bid or comhination of bids is to
become the property of the Owner in the.event the contract and bond are not executed within the time above
set forth as liquidated damages for the delay and additional expense to. the Owner caused thereby.
15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that
provisions of ORS 279C.SOO - 279C.870 relating to workers on public works to be paid not less than prevailing
rate of wage shall be included in the contract, or in the aiternatlve, if the project Is to be funded with federal
funds and Is subject to the Davis-Bacon Act (40 U.S.C. 1276&) bidder agrees to comply with the Davis-Bacon
Act requirements. "Prevailing Wage Rates for PuhUc Works Contracts In Oregon," which are incorporated
herein by reference, and can be accessed at:
http://www.oregon.govIBOLYWHDIPWRlpwr_book.shtml
16. The undersigned shall furnisb bonds required by the specillcations and comply with the laws of the
Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of
this nature even though such laws may not have been quoted or referred to in the specifications.
17,/ c> Accompanying this OtTer Is a certified check, cashier's check or a hid bond, for the sum of
o 10 , payable to the City of Ashland, Oregon, this being an amount for ten percent (10%)
of the total bid based upon the estimate of quantities at the above price according to the conditions of the
advertlsemenL If this OtTer Is accepted by the City and the undersigned fails to execute a satisfactory contract
and bonds as stated in the Advertisement within ten (to) working days from the date of notification, then the
City may, at its option, determine that the undersigned has abandoned the contract and there upon this OlTer
shall be considered null and void, and the bid security accompanying this OlTer shall be forfeited to and
become the property of the City of Ashland. If the bid Is not accepted, the bid security.accompanying this
Oller shall be returned to the undersigned.
IS. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.S70, the Oregon
Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.SOO _ 279C.870
relating to worken on public works to be paid not less than prevailing rate of wage shall he included in the
contract, or in the alternative, if the project Is to be funded with federal funds and is suhject to the Davls-
Bacon Act (40 U.S.C. ~276a), bidder agrees to comply with the Davis-Bacon Act requirements. The
undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.S38,
279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137.049-0200(l)(aHJ)).
,. '/ If ...\:" ~'""" I
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^
.
19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a
public work pursuant to ORS 279C.S60. Bidder further agrees, if awarded a contract, that every
subcontractor will be eligible to receive a contract for a puhlic work pursuant to ORS 279C.S60.
20. The undersigned certifies that the undersigned Contractor has not discriminated against minority,
women or emerging small businesses enterprises in obtaining any required subcontracts. The hidder
understands and acknowledges that it may be disqualified from bidding on this puhlic improvement project as
set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham
regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the
administrative rules implementing the Statute.
21. The undersigned agrees that the time of completion shall be defined in the specifications, and further,
the undersigned agrees to initiate and complete this Project by the date stated helow.
.
The work shall be commenced within
Notice to Proceed.
15
working days after receipt of the written
.,f" .;;I" (I
The work shall be completed in all respects by May 31,.~ See special provisions pertaining to
in water work for alternate completion date. p..cI R"y.J 1I~..:r I
.
.
The undersigned agrees that the "Time of Completion" shaU be as defined in the specifications
and that the bidder will complete the work within the number of consecutive calendar days stated
for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore
agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in
Standard Conditions, for each day the project remains incomplete.
22. The undersigned bidder Is registered witb the Oregon Construction Contractors Board (CCB), the
registration Is current and valid, and the bidder's registration number Is stated below. [OAR 137-049-
0230(1)] Bidder understands that failure to have a current CCB license shaU result in rejection of this
bid.
23. The undersigned bidder Is licensed by the State Landscape Contractors Board, if appUcabl., the
license is current and valid, and the bidder's registration number Is stated below. [OAR 137-049-
0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection
ofthis bid. .
24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add
a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference
given to that bidder in the state in which the hidder resides. "Resident bidder" of Oregon means a
bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months
immediately preceding submission of the bid, has a business address in this state and has stated in the
bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her
self in this bid to be either a Resident or a Nonresident hldder by completing the appropriate blank
below.
The Bidder is ~
.
or is not
a resident Bidder as defined in ORS 279A.120.
25. The undersigned herehy represents that no Councilor, Commissioner, officer, agency or employee of
the City of Ashland is personally interested directly or indirectly in this Contract or the compensation
to be paid hereunder and that no representation, statement or statements, oral or in writing, of the
City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into
this Contract, and the papers made a part of its terms;
26. . The undersigned has not directly or indirectly induced or solicited any person to suhmit a false or
sham bid or refrain from bidding. The undersigned certifies that this hid has been arrived at
;:~',/ ..,,1 ~!~[;>n..1
,krill"" 1,..,. .:011)
independently and submitted without connection with any person, firm or corporation making a bid
for the same material amI is, in all respects, fair and without collusion or fraud
27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place
and will demonstrate this prior to award of contract. [OAR 137-049-0200(l)(c)(B)j
28. The undersigned confirms that if this contract involves asbestos ahatement or removal, the hidder is
licensed under ORS 468A.710 for asbestos removal. Asbestos ahatement is not implicated in this
contract.
29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all
prescribed public hidding procedures and requirements, and may reject for good cause any or all hids
upon a finding that it is in the puhlic interest to do so.
30. The undersigned confrrms that this offer is not contingent upon City's aeceptance of any terms and
conditions other than those contained in the Solicitation and Contract documents.
31. The hidder understands that the City reserves the right to make changes to the Notice to Contractors I
Invitation to Bid and the resulting contract hy written addenda, prior to the closing time and date.
The City will not maii notice of addenda but shall publish notice of any addenda on City's website and
post the notice of addenda at Community Development. www.ashland.or.us The addenda may be
downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The
bidder must check the website and Community Development bulletin board frequently until closing.
The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy
obtained and considered as part of the submittal of this OtTer and Bid Schedule.
ADDENDUM NUMBER L THROUGH 2. HAVE BEEN REVIEWED
32. The hldder understands that the City will be awarding the contract to the Responsible Bidder with the
lowest Responsive Bid. OAR 137-049-0200(l)(b)(C). Whether a hidder Is responsible will be
determined by OKS 279C.375 and the City's compietion of the attached Bidder Responsibility
Determination Form.
33. Instructions for First. Tier Subcontractors Disclosure.
Bidders are required to disclose information about certain first-tier subcontractors (those
subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS
279C.370). Specifically, when the contract amount of a lint-tier subcontractor is greater than or
equal to: (I) 5% of the project bid, but at least $15,000, or (if) $350,000 regardless of the percentage,
you must disclose the following information about that subcontract within two working hours of bid
closing:
. The subcontractor's name and address;
. The subcontractor's Construction Contractor Board registration number, if one is
required, and;
. The subcontract dollar value.
If you will not be using any subcontractors that are suhject to the above disclosure requirements, you
are required to indicate "NONE" on the form. Failure to submit this form by the disclosure deadline
will resuit in a non-responsive bid. A non.responsive bid will not be considered for award. THE
CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMA nON WITHIN TWO HOURS OF BID CLOSING.
THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO
SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE.
SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First. Tier
Subcontractor Disclosure Form attached to this Invitation to Bid.
'0,"/"/1",,:;,1;'"
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. .
34.. Bidder Information and Signature
'1Iiv/Df2. S;-6e De,/eIDPRleFJ/BIt'
. Firm Name of Bidder
Or~qo'1
State of Incorporation
Dated this
Name of Bidder
Address
Telephone No.
2AJd
day of ...::S e p-6.
2010.
Il4~:J;X
Signat e of Bidder
/v1A~1C. ~t?~
Printed Name of Bid er
Prt'S,d(l/} -t
Official Title
133e>4b
CCB Number
~ lor c::::,i-f:.t: De v.e. I O{)I11.(;n/ .rn~
/501 SOCie Rd
..sn-'7'7Q-35f:>5
:itv {)t~iI11;I'ld
,I',qust 1'1, ;:')10
NO
BID SCHEDULE
.JEFFERSON A VENUE STREET IMPROVEMENTS
Proiect No. 2005-10
DESCRIPTION
i UNIT PRICE I AMOUNT
OTY. iUNIT (FIGURES)
I ,
I 1 LS i ;;7 I'l/Y) I iZ7t1t10
1 LS i -~ooc I i "!."~oc 1.-.
"""--t-.--.---
1 LS i I"'Jooo I i [OJ co~
i ~J ocX:r ./ i .~oc.O-
1 LS
i
i IS,OOO- Ii I&,OCO-
1 LS
Mobilization and Traffic Control
Mobilization I
forTtiIlH..-.lVVp. LA
Temoorarv Work Zone & Traffic Control.
Comnlete ThR~~ To-l"" .. ^
Erosion Control
for \B).J nh)u ;...Po...... ()
1
2
3
Roadwork
Clearimz & Grubbiml
for E"I.(, Ii T THou:,..",.::.
4 Dollars
Earthwork
for F"t.F-1E' E N "T\-\OU\."'rvt\
5 Dollars
Storm & Sanitarv Sewer
Connection to ExistinlZ Sanitary Sewer Manholes
for 5<:1. TI-l\JU~I'W~ '.
6 Dollars
Construct Standard SanitarY Sewer Manholes
for Fou It T"ClU <;11."-1 t:>
7 Dollars
. Install 8" PVC Sewer Pice. inc. backfill & testinlZ
for t:~"""T '"T1-t(')~~'I:'\ FOI't1't
8 Dollars
Install 6" PVC Sewer Lateral. inc. backfill &
testinlZ for 51-'ll n\O""A."olt->TwD \olU1VMco FtFT~
2 Dollars
Install 48" Storm Drain Manholes
for \'-;:rjGf N t\v"-lt>I1:t;:Q
10 Dollars
Install 60" Storm Drain Control Manholes
for "T~~1't !'o"p" \-\v>:lt>:<.!;l:)
11 Dollars
Install 48" Storrn Drain Detention Pice Inc. 24"
Transitions
for 1l\R.c;:t; ffia\J<"",,.,t.
12 Dollars
Concrete Inlets. Tvce SW
for ~ e. ic;:C; N "ffia\JSN";)
13 Dollars
Install 15" HOPE Storm Drain Pipe
for I=-..FTc;c;/V "'\JNbi!.~ <;'"1:.><,'1
14 Dollars
Install TVDe B-SL Inlets
15 for ~;[hl.rt I-'.v!O)i:I\1!;'O
NO DESCRIPTION OTY. I UNIT UNIT PRICE AMOUNT
J!'lGugE~)
"""------.
Dollars
-----.---.--"<-- ------.---
12" HOPE Storm Drain Pine i 2) 05b-
for TwO 1l<G\"~Ar"~ FU'T'f i l.S-
16 Dollars . 82 LF
12'X4' Structural Plate Arch Pine (ODOT 4fpO- ~-
~-or".. t:"l:VE i -3 SlY i-
,- .
for WZ,~G illoUSoAklt>':r..tG H~IJJ.".,-o
17 Dollars T '-'II AlT't 112 LF
12" HOPE Culvert
for FO~'f-F"tv~ HUlilJ.'Z.l'O f'<FTY-FOu,~ i 22. - i~5S'l-
18 Dollars 207 LF
12" Minus River Run Rock Scour Protection
for Tu (; 1\l1'l-1Il1lQ- fluAl Dl1.€1>"!E N i 3~- i2,3010-
19 Dollars 66 CY
8" HOPE Culvert @ Drivewav Crossines I,~"$-
for 1)\U\1€kN \"I00M.Eo s;c.l<T'f- FLv~ i:1~- i
20 Dollars 91 LF .
Class 100 RIP RAP Outfall wI Base Rock
for Fl:.v€ "\JNM(;() i SW'- i 500-
21 Dollars 1 LS I
Install Kevstone Wine walls
for :s.81GIIlH- iO<:"fn \\<I,vDf.f1> lEN i II- i 7, 'ffIO.
22 Dollars 710 SF
,
Bases
. Pit Run or 4" Shale Embankment Allowance Iii, \'00-
for GX"HTEEN HU"-lI'>R"'D i I~-
23 Dollars 100 CY
4 Inch - 0 Aeereeate Base
for Al"Wf'Tt;J.) Thou~~ U:;}.J/; HUAlMffi F.li'1'\' ilL./- i 1'1, 'I ~"1l"
24 Dollars 1.425 CY
I Inch o Aeereeate Base I
for ~:tFfE!; Io.J ~ov~!llIt.'tg; HUrl/Diro .s:;:xTy i 2.</- I i I S,3f<)'
25 Dollars 640 CY I
ODOT Stabilization Fabric !
for Folti'r-'T\.oJO I-\<lAl~.e.Et) i I o.e I i'i,LCO'
26 Dollars 3.000 SY
Wearinl! Surfaces
5 Inch HMAC Mixture I
,
for f.:I:H'11"\.\oI.lSIWI'> lJI:I.J.. HV}.)Oi<~'O f:!:"fi'-FI I
iH- I i SQ'lSS-
27 Dollars 645 TON I
Curb and Gutter Concrete Curbs ---.---------"-1"'-_.--------
for ~ U\t;"~ /J 11l0<l ~II." :\ i 12. - i i 15..000'
28 Dollars 1.250 LF I
,
--.----.--.j-----.
4" Concrete Sidewalks I
for r=oI2.T'11\\o...::'I\...AlD S€'/E'N Hu'JO~ro fbl!:T't iYl,2 i
i i~14o-
29 Dollars 9.700 SFf !
6" Reinforced Concrete Sidewalk -_.__..--~-~I--'-.'_.
30 for1LJt:NT'1-FI:v~ HU/lJQu;Q s+'lC:T"{ 320 SFf i 3- ! i 2.5Ul-
,
-~ 4 Z , :? 2';;:/
','
NO
DESCRIPTION
Dollars
Install Betula 'BNMF' Trees
for T);/!'Ef il!O\Js'A.NCI
45 Dollars
Install Fraxinus 'Cimmzam' Trees
for 11l1R't'l. Fo.:lR. lIu III Ol!>t\ TW E Ni't
46 Dollars
Install Baccaris oillularis Shrubs
for "1\\/!,H: HIJ/Joz'rn SEIIE^,r't -SoEI/!;N
47 Dollars
Install Ceanothus 'Dark Star' Shrubs
for 5>C:I/E-... I\\JNM.E'O ~"1F'N - &LJl
48 Dollars
Install Comus sericea Shrubs
for ':,r)l. l-\u1lJ()<.~ ,v -r:.N1F':
49 Dollars
Install Mahonia reoens Shrubs
for Ele.vh \\UJIlDI<.E't) t'".tbHT'1". ~rbHT
50 Dollars
Install Rosa rul!osa Shrubs
for &"1",,"'" l'.uNhHb ~'f 'ONE"
51 Dollars
Install Salix purourea 'Nana' Shrubs
for Fou~~AJ Hu/JO<l.Et\ SEVfNTY-Ni-N.
52 Dollars
Install Salix sitchensis Shrubs
for tl w= H\J IV 0 l IOn ,\.,;f 1\J,'l'
53 Dollars
Install Soiraea doul!lasii Shrubs
for 5EIlj;:NTt.=".... ~ll/JDR.~ III:tRT'1-5~l<
54 Dollars
Install Bioswale Plant Mix - PT 404 Seed Mix
for F-r,u ~\.I.'-lDR.m
55 Dollars
Install Bioswale Gravel Plant Mix - SHRUBS
for ThlR,.'1-,...,,,, \-\u,.I\Rrn f:tr"t'l
56 Dollars
Install Eschschoiz;a califomica - Fescue Mix
for O/JE: HuI\JO(.ID Fn=T'1
57 Dollars
Install Acer Macroohvllum Trees
for SI:.l< HuoJt>R.G'D ~xT't
58 Dollars
Install Pseudotsul!a Menziesii Trees
for ThIZ.E'E' H\JI\l">l!1'l:> IIIxsn'Y
59 Dollars
Install Pooulus B.S, trichocaroa Trees
for T\lIl.&"r.: Mll Il .,)Rro 11-\=-'1
60 Dollars
OTY,
99
250
UNIT
10
\8
29
27
21
UNIT PRICE i AMOUNT
(FIGURES) i
- - - - -- - --. ---T-------' - ---
f
I
!
I
! ~ ? oco-
I'" -
I
i~OO-
EA
i iqo-
EA
i ))-
EA
i 2. 'i!-
EA
i 2."1-
EA
n,'12.0-
I i "Srr
!
!
~?Slc~
I
Ii Ic.dl-
i 12. - i I, m"
EA n.__--'-__ ________
i2.Q- il,I~I-
39
5\
3
62
2
LBS
3
LBS
4
~
2
I i 3. "L<;b-
,
i
Ii 160'
,
I
I
I
! i "'c-
I
~_ ~~_n
,
!
-l-i ~~~~
I
------.-----....------.----.---.."
EA
i 2.q-
EA
i .,0.
EA
i 2.~-
EA
i l..~'b--
il':>-
EA
i Sb"
i I(oS'
EA
i i(o'S .
EA
i jbS-
EA
I i 1,"17"1-
I i 1'2..0 -
I
I i 1,7)(,-
i 9:0-
4.GLf,536
I
I UNIT PRICE i AMOUNT
NO DESCRIPTION OTY. I UNIT
t ___JfIQURI.l~) -L-----------
Dollars I
6" Reinforced Concrete Drivewavs I i ~ '-/% -
for TWENTY- Foul1 I-\I.1NOltl;O .oJDJ<T1-~)I i ~.-
31 Dollars 416 SFf I
4' Wide Concrete Utilitv Pads I
,
for lW~i~- Fcu~ \\ul,JCl'~f"O i <SCO- Ii 2..,'-/00--
32 Dollars 3 EA I
Street Liehtine and Electrical
Sternbere Street Lieht. Pole and I-Box 370C' i ~,~() -
for e1:('I1T!;f"rnlU\J~II.Li~ F-4V~ \\u/JD!~E1) . ~ '~,,-e~u i Z~ _.~...~.
33 Dollars 5 EA
Sinele Phase Transformer Pad Assv. (644.Trans) ~2'700-
for 1UiE/JT"'-Si"~~N nUN:lZED i 2.,7oer
34 Dollars I EA
3-Phase Primarv Cabinet Assv. (575-Sectl
for T~N Tl\O\J"P"J~ ,we i-klo.JMFl\ i ~"'-lOO- i 10,2.CO-
35 Dollars 3 EA
2" PVC Street Lieht Conduit Incl. Trenchine S-
for 5.:&:11. i"W.'-.3.iUl'I i'~ i ",oeo--
36 Dollars I. 200 LF I
Primarv Conduit Trench wi 3-3" PVC.2- 2" PVC
and 1-4" PVC conduits wi oull rooes i 12- i 1't,YoO
for t:O\J!tTt;~^' nlOJ""'^,~ F-CoJ(. l-!uNllll.rn
37 Dollars 1.200 LF
Water Line .
8" Ductile Iron Water Pioe. Fittines. Couolines I iZS, g30-
and Backfill i '12..-
for 't\..,,,,,,n- Ft:v.:= ~ ~ EU,t-tf I-I""N~~O I
38 Dollars ,,..It\,'j' 615 LF
Standard Fire Hvdrant Assemblv. wi Gate Valve I
for S,EVe.ViY - Fe\){ \-I v N M rn --.... i 3-700- ! 1 7,400-
. 39. Dollars 2 EA I
8" eate valves r
for fuR"r':-<:'EVG.... ".J /JOl<'o2O F-:t:Fr1' i qQl- ! 1'-/ Jijb-
, ,
40 Dollars 5 EA I
I
Connect to Existine 8" Water Line ,
I
for TI">{:Nn-FouR. \.\()"D~G1) i ~1.00- t i 2,'Icxr
41 Dollars 2 EA !
,
2 Inch Water Service Connection ,
i
for 1W~'f- f'OvP. H\.lNDgrn i luc:x:r i 1 2, 400'
42 Dollars . 1 M. j
- r----
I" Air Relief Assemblv
,
for ~I"I-tT \-\UI\l!'lIl~ i Scc- 11 <SCU-
43 Dollars 1 EA I
I
Landscaoine
Install Acer 'October Glorv' Trees i ~OO- P.OCO-
44 for T\-\~{:!' 11\OU>.AN~ 10 EA
4.4b, s-oo
. I ~~1AMOUN'
NO DESCRIPTION OTY. ' UNIT
Install Fraxinus latifolia Trees
for FoUi!. \-\\.l~ DI2.>="h "rItv8"~- Fr'll~ i \ ,,~- i 4<K-
61 Dollars 3 EA I
Install Alnus rhombifolia Trees
for EIGIIT HU/oJ9'('ffi 1WENTY- ,c-"I.W; i \(o~- i (?2s;"-
62 Dollars 5 EA
Install Rosa nutkana Shrubs i2j)~ Ii $70-
for ~:rVl;; HU/.jD~ffi Skvf;;Nr'f
63 Dollars 20 EA
Install Mahonia aouifolium Shrubs i
for F-1'''''-I.k)NOz~1'l TL.)~NT,(-T""O i 2.q- I i 52.2..-
64 Dollars 18 EA
Install PhiliadelDhus lewisii Shrubs. lr !i
for -r\\/tE€' HUIIlO(R) nft.R.i"l'- s'l:)( i 316-
65 Dollars 12 EA I
Install Ribes sanguineum Shrubs
for F-:r VI< \ILlI\iDJl.~ TWF-..fi'l'.Tl...>u i 2.'/- i 522.-
66 Dollars 18 EA I
Install Salix sitchensis Shrubs
for t:::r.vc I-\dN!)IZ~ ~:x. XT't i l.<<- i S'bO.
67 Dollars 20 EA
Install SvmDhoricaqx>s albus Shrubs i 5yo-
for F:rv:; "'\lIUD/l:F\') nl,NT'1 i 2.'1-
68 Dollars 20 EA
----.----..-...--.-- ___,_._______...u___.,_
Install J uncus effusus
for SX-)t.:T'r i ~o- i W.
69 Doll.... 3 EA
Install Eleocharis Dalustris
for FoI2.T'1 i 2.D" 1 "fO-
70 Dollars 2 EA
Install Scirous acutus
for FGt.T'1 i 2..0. 1 '{o-
7l Dollars 2 EA
Install Carex obnuDta
for Fo Iti 't i 2.0" 1 'to-
n Dollars 6 EA
Install 6" Sandv Loam Soil (bioswale)
for ~J:.l'o TlIovS.AlJO 130- i 9000-
73 Dollars 200 CY
Install 3" Wood ChiD Mulch (adiacentto stream
crossing) i 40" 1 C;,ccc-
for ~:r" Tl\()l)~A.oJQ ------J---------
74 Dollars 150 CY
Install 4"-6" Cobbles (around 14 concrete inlets) I
for III Rfl; 1-\ LlND~ E'D i~-' il 3c<J -
75 Dollars 1 CY I
Install 6" of 1 1/2" Clean Round Drainrock
(bioswale wi gravel) i ~.- 11!5'iO-
for ~IbHTEE'" 1-\\J1\iM'~ ,V'.tNET't
76 Dollars 63 CY
4.83.316
r
,
NO DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT
(FIGURES'
Install 4" Pea Gravel (ribbon in bioswale wi
grmll i SO'" i 7:):)-
for f4.fT't SE\lE/U t\uAi':l~ffi l=iFl'l
77 Dollan; 15 Cy
Install 4" Cobble (around oea lmIvel in bioswale --
w/lmlven i St>- i 2.000.
for T\vo 11'IW~A"'. 0
78 Doll..... 40 CY
Install Boulders (bioswale w/lmlven
for ~UR ,""('\U,<,A.\. Cl i 4()- i '-j0Cf)-
79 Dollan; 100 EA
Install Standard Sorav Zone Irril!ation Svstems i &"~'l 7~
for s:i.Xf1-sevc"" HuN [)~ro T€N i (.,;710-
80 Doll..... 8 EA
Install Standard Drio Zone Irril!ation Svstems
for il-IIRT/ -Tf\ltg: I-IdI\.lO~,;:O i ~U" - i 3,3CO-
II Dollan; 4 EA
Install Controllers (Rainbird ESP.LX) i ,it>2-"~
forF levE^, "'OV-">AI\l~ fDll.\'{-JII..'V;; . ~ i "JO'jq- .
82 Doll..... 4
Install Backflow Device (Wilkins #7OSS 1 ")
for 1"W~T't -Tc...c i-IUkl~.e.,,('.. ~::r:ll"'GGN i S5'1'- i 2;l./("-
83 Dollan; 4 EA
Install Shutoff Valve
for f")ull.. ~vN!.lRI;'D i 100" i l..{OO'
84 Dollars 4 EA
; Install Ouick Couoler ~- u
for ON~TlIUJSA.'" D Pr--n"l' - f~bHr H.b2. - i ,
85 Dollan; 4 EA
BASE BID TOTAL Ii +-:-1 , ,,-,/'100
, -,..
r.t
514} 789, 00
5414886006
ASHlAND PUBLK WORK
02; 56;04 p.m. 0'3-02-2010
1/1
city '" As.....
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(As aeq_imlby OKS 279C.J70 lad OAR 1J7-04t-J60) JEFFERSON A VENUE STREET IMPitOVEMBHJ5..
PROJECT 200S-11 . , '""":! )
Bid CIasioIK Date: SeplNlber 1, 2010
CATEGORY OF WORK
",'
j,..
II OOL~1l JA~Utj;; 1_
..- ,
~. . -.,' :"
NAME OF SUBCONTRACTOR
I I
I. ,
.1\(1 \ ~c:' K\ \.1 ~ R..
~t:.\" ; r1 (I
,)()
14>IDCO~
, ~::.
"
2?r-\L'; tC,c. EJE't'J6c" L ---flec..Tr;~d
j
~!5, 000 ,)(.,
4
5
6
7
8
9
, -
10
. List above the Name, Dollar Value and Category of Wofk of each subconlraClor thai will be furnishing
labor or labor and maleria'. and thai is required 10 be disclo5ed. die dollar value of the Subcontracl aDd
the calegory of work that the subcontraclDf will be performing. Enter "NONE" if there are 00
,ub<Ol1llacton thaI need 10 be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED).
TAYLOR SITE DEVELOPMEt-lT, INC
1501 SAGE ROAD, SUITE B
MEDFORD, OR 97501
.} .~.....-
,--~..!// ~'--7-"---
J j ~',
Ii ! C<-i/.... / "
v
.,"l/fHl;;,II.I,.,'
"_~"'" ,.J, .~"ff'
.,
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:
./ (I) 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.
V (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
/ (3) Telephone listing is used for the business separateJrom the personal residence listing.
V (4) Labor or services are performed only pursuant to written contracts.
./ (5) Labor or services are performed for two or more different persons within a period of
one year. .
./ (6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
~i()Q
Contractor
~)llc::' De.Vd()il/M~;; .L1c
.
Date
.V -)1 1 ;,)!.),~lI
: ',71,,-;( ;1', _',no
..,.,
,.
PERFORMANCe BOND
The undersim1!d Taylor Si te Development, Inc. . as
olinda.1. funhetrefetred to in 015 bond DB Con~~ctor. and North American Specialty Insurance Company
n!f. AUretY further referTed. to in Rhi. bond lH. Surety. are iointly and 5evernJlv bound unto
City of Ashland. DI obU&ee. further referred to in this bond as City. in the sum of Five hundred and fourteen thousand.
seven hundred and eighty-nine dollars and no cents.
Dollors IS 514.789 _ 00
I.
Conlmctor and City have entered into a wriuen contract dated September 8, 2010
_ for the following: umlect: JefI'enGII..........,. ImaMvemenls. This conlntCt is further
referred 10 in thi. band RI the Conlrllcl and is ineomorft....... into this bond bv this reference..
The mnditinns of thiR bnnd are:
L tf Contrnctot faithfully nerfonnA the Contract I" JlN"nrdBnce with thI! alan!. mecificnttons and
conditions of the contract within the lime amcribed ~y the Contract. u reouired by OIlS 219C.
380 IhrouRh 279C.385. then mi. obliurion is null and void: otherwile ;'111011 remain in full force
and effect.
2. II Contractor is declared ~y City to be in default under the Contract.. the SuretY mall nromntly
remedy the default. nerfonn nil or ContI'M=tm'". obDutions under the contract in accordance with its
terms and eonditioM and nay to Citv nIl dnma2I!R that On!: due under the COntrnd..
3. This bond illUbiec:t to claims underORS 279C.180 throUM '279C.]90.
4. This obliution fointlv and severally binds Contractor nod Surety and their relfoective heirs.
~1em1nrs. admfnlltratorl. IUeeftSOlS..
,. Surety waives notice of modification of the Contrnct or extension of the Contract time.
6. NOl1P"vmenl of the bond premium shall not Invalidate this bond.
7. The bond number and the name. address. and leleohone number of the slIentautmrized to receive
notices concerninll thl& bond are u foUOWl.
Bond Number: 2136455
Bond Agent: Phoenix Surety & Insurance Agency. Inc.
Ad~s: 1499 SE Tech Center Place, Ste. 150
Vancouver. WA 98683-4301
Teleplmne:
(360) 892-5840
SIONED lhla
9th
day of
September
2010.
C.tVat,;hll!,llld
""0'1"'" 1(I,2O'D
48
PmlFORMANCE RONO Pnft 2
WITNESS:
(Corporate SelII)
By:
Tille:
~~'""
ide-/'
CONTRACTOR:
Legal Address: 1501 Sage Rd.. Ste _ B
Med rd, OR 9750
Atteat: -
e Secretary
WITNESS:
(Corporate Seal)
SURETY:
By:
Specialty Insurance Company
Tit~: Bonnie Riddle, Attorney-In-Fact
Legal AddreSS: 960 Broadway Ave.,. Ste.420
Boise, ID 83706
Attest: (see attached POAl
Corporate Secretary
~~tr tJt A liNoUJd
.lr,qu&1 10, lOlO
49
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in lhe City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
ROBERT LAGLER and BONNIE RIDDLE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifYing the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
.~\\\UIIlIIIIJJI.'
I>.~\\ ~TY \"~
#"..(;P ........ ~~~
~ ..,~:;:n~OR;f'.. v; ~
i!!...~ """'2.'"
~ . \.cz.-
giff SEAL '~~g
s..'.~ "" <>in;;
~:\.-:~ ~~./o~
~ ....!t'..,I.W"!'.~......Sf
'to...~...........:""b~#
''44, ON.""f';\~
\"11If111l11l\\\\\\~
By
Sfe~en P. Anderwn, President & Chief Elteutln Officer ofWuhington Internalional Insurance Com piny
& Senior Viu Presh:Sent of North American Specially In$urlnn Com piny
[ja--
t1il'\"II~"U""
:nON"'l'
'^~~-"""..,I". ~
,,'<f-c.bll.POIti):~'"
Ii SEAL <\
i~:" (//)~.
"~.,_f./f
~:ir;.'"
~~.c::.r.~-.u-.........._-
By .
David M. Laymln, Senior Vice Prniden( ofWashin;ton lnltnlllionallnsuranee Company
& Viee Prnident of North Ameriean Spei:ialty Inlunnee Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company havc caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of March .20-.!Q.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook
On this 23rddayof March. 20--1Q, before me, a Notary Public personally appeared Steven P. Anderson, President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their resoective comoanies.
"OFFlCIAL SEAL:'
DONNA D. SKLENS
Notal)' Public. State of Illinois
My Coll'.mission F~ires 10,0Y2(}11
(\ ~
A-v. (IY'V7'~ ;() ~JJ.~
Donna D. Sklens, Notary Public
I, James A. Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of
September . 20~.
~'14/!3~
James A. Carpetlter. Vice President & Assistant Socrelaf)" ofWashinglon Internationallnsur1lnce Company &
North American Specially Insul'lllceCompany
PA YMF.NT BOND
Tbeqpdeni~ Taylor Site Development, Inc. .p5
nrincloal. ruither referred to In tht. bond as Contraclnr and North American Specialty Insurance Company
. ".SURlY. further referred-to In thl. bond DI SurtlY. ore fointlv and severallv bound unto
City of Mhland. as oblhree. further referred to In this bond u Citv. in the $um of Five hundred and fourteen thousand,
seven hundred and eighty-nine dollars and no cents.
\.
DoIIarl15514.789.00
Contractor and Citv have entered Into a wrllten contract dRtM . September 8, 2010
. for the followint! Dl'Qieet: Jefferson Avenue ImDl"Dyentll!!ftu. This conlract is funher
mfeMd to In !hi! bond as the C:ontract and tllncomorntm into this bond ~v thill reference.
The c:ondilions or this bond ""':
I. IrContmetor faithfullv ~orml the CQntract within the lime OI1!Ittibed bv the Contnld.. and nmmaltv
makes oavment to all claimants. as defined in OR! 279C.600 thrau. 279C.620. Ihen this oflJi"ation i.
null Bnd void: otherwise It shall remain In full force and effect.
2. If ConlrBctor i5 declared by City 10 be in dl!!faull UndM the Contract. tile Surety .hnll nmnmtly remedy
the defaulL nermrm all of Contractor's oblfbtlOns under thf! contract In .R~ with ill terms and
condition. and DaY to City all dam.aM that an!: due under the Contract.
3. This bond is I~ieet tn elninu under ORS 27gc.600 thrnugh 27OC.Ji20.
4. This obltutlon iolntlv and ~vemUv hinds CQlIInlCtot and Surety and their rMnective ht!in.. eucuMrs.
IIdminiSlratofl. s.',....,..."'I.
5. Suretv waive.! nntiCf! of modification of the Conlnlet or extemlon of the Contract tfml!!.
6. Nonoavment or the bond oremium shall not InwH4ate Ihii bond.
7. The bond number and the name.. address. 8nd leleohone ",umber of the Lurenl Authorf:!M to ~Ive
nolicel ~nct!min2 this bond Are U (0110\\'1:
Bond Number:
2136455
Bond Agent:
Phoenix Surety & Insurance Agency, Inc.
Address:
1499 SE Tech Center Place, Ste. 150
Vancouver, WA 98683~4301
Telephone:
(360) 892-5840
SIONED thi!
9th
day of
September
2010.
':.1y r:d A$hI.".,
.1'1(11,11 ,,,, JIIIO
50
PAYMENT BOND PIl2e 2
WITNESS:
(Corporate Seal)
~ ~"~~'
By:-7fl~
. Tille: 1), . ~
Inc.
Legal Address: 1501 Sage Rd., Ste. B
Attest
Company
WITNESS:
(Corporate Seal)
SURETY:
By:
Title: Attorney-In-Fact
LegalAddreu: 960 Broadway Ave., Ste. 420.
Boise, 10 83706
Allest: (Bee POA)
CorpOt'llte Secretary
;;.,o)r'~.lnd
"',.qIIS' III. ,\1'0
S1
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF A TIORNEY
.
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New flampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire"and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
ROBERT LAGLER and BONNIE RIDDLE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and" deed, bonds or other writings
obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required orpennitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY.FIVE MILLION ($25,000.000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24" of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signatme of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
..\\\\\\UIlUfllllllll.
~....r c;,\MJTl" 1I.~
~v"#'''. "'"".,... 'to~
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~ . . ::::
:: ! seAl :n::
-e" uu. 'm-
~'!l.\.\. .1973 l'i8l
'l>.~"" ..~'~ $
"~+"4;;"""~.~"
7t1fJj11"~r;I1\"'\\*~
By
Slrfta P. Aadenoa, I"ruIdeDt &: Chid' [ueal," omur ofWublactoa latl!raatioDalIDlIlr8ftn Company
&: SaUor Vice PraMeDI ofNortb American Spedalty IDSI1I"aOCC CompaDY
~c
~~~
By
David M. uymaa, SenIor Vice Pmlldeaf ofWubinpolllntmlatlODalIDlurance Company
"4 Vice Pmlldent orNortb Americaa Specialty IDsul"llftCl Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2300 day of March, 20.JQ.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook
On this 23rdday of March, 20...lQ, before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their resoective comoanies.
"OFFlQ.oU. SEAC'
DONNA D. SKI.ENS
NotaJy Pubtic, State of IllinOis
My Commlsslon Elpu..l00\'2011
fJ~.a J] ~
Donna D. SkIens, Notary Public
It James A. Camenter , the duly elected Assistant SecretarY of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and WashingtOn International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of Septemher . 20~.
?~'.L,..W/!3~
J_ A. Carpcntez-, Vice PraidCSl.t &. AaiJtmt Sec:mmy of Washington lntanalionallnsurance ComJIIIIY &
Nor1h AlllmiCIII. Specially Insunnco Company
SAIF Corporation
9/10/2010 9:22:55 AM PAGE
1/001
Fax server
'"
.
www.saif.com
OREGON WORKERS COMPENSATION
CERTIFICATE OF INSURANCE
.!!If
CERTIFICATE HOLDER:
CITY OF ASHLAND
DEPT OF PUBUC WORKS
51 WINBURN WAY
ASHLAND, OR 97520
The policy of insurance listed below has been issued to the insured named below for the
policy period indicated. The insurance afforded by the policy desaibed hen>in is subject to
all the terms, exdusions and conditions of such policy.
POUCY NO.
497846
POUCY PERIOD
01/01/2010 to 01/01/2011
ISSUE DATE
09/10/2010
INSURED:
TAYLOR SITE OEVELOPMENT INC
1501 SAGE RD STE B
MEDFORD, OR 97501-1762
BROKER OF RECORD:
LIMITS OF UABIUTY:
Bodily Injury by Accident
Bodily Injury by Disease
Body Injury by Disease
$1,000,000
$1,000,000
$1,000,000
eadl aaident
each employee
policy limit
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS:
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to change
at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend Or alter the coverage afforded by the pol ides above.
AUTHORIZED REPRESENTATIVE
~r?f' Jr ~~i~
---
President and CEO
400 High 5..... SE
Salem. OR 97312
p, 800.285_8525
F:.503.313.80'20
Pc*y_8;atth_Cl!rtUk:.oII~
,.~
-e.~. CERTIFICATE OF LIABILITY INSURANCE I ~n-,,"
. OP 10 DT
09/10/10
THIS C81TlFICATE IS ISSUEn AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMA TlVEL Y OR NEGA TlVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
,,: ",ne C8rtlnC8te nOlaer IS en , tne pOliCY!''''' musI oe enaorsea. liS, subJecITo
the tenns and conditions of the policy. certain policies may require an endorsemenL A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
- I=~T Diana M. Thomas
United Risk Solutions, Inc. Ii.::..!m: 541"'245-1111 1~.No~ 541-245-1112
.-
PO Box 936 -..: diana.thomas@unitedrisk.com
Medford OR 97501-0067 - TAYL02C
CWTOIEltIlI:
Phone: 541-245-1111 Fax: 541~24S-1112 INIlJIWt(tI.vfOltOllrlO~ ~,
- _A' American Fire 5 Casualty
Taylor Site Development, Inc. -.:
1501 sag. Rd., St.. B
Medford, OR 97501-1762 __I;::
_D:
INSUIlI!lIl:
-,:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THlSI$TOCERlIfYTHAT"'POUClE'Cll'IN8UIW'ICfUSTtl)8ElOW'HAVEIIUN~TOlIEINSUIlftIIMIoIEDAIIO'o'EFORlIEPOUc:'fPElllOO
INOICATEO_ NOTWTHSTAIONGmf IIlOUlRE/IENT. mlMOA CONCIIT1OftO# NrrCCiNTllAClOA OTIElI:OOCI.ICHTVolTH RUPECTTOYlHCHTHlS
CERTlfICATE.....yU~OIl.....yPElffAlN, lHEllCSURAHCE~.yTHlPCIUCIUOUCIlI8EOHEMlNI.~TOAU.MTUMS.
EJlCU/$lQN$AHOCOtDTlOHSO#SUCHl'CUCIU.I.MTSSltCl'NlMAYHAVlKEHMOUCEDIYPAlOCl.AlMS
- _M_ ""- .... "'""~ "'""""
em ou - II'OUC:YIIU.-eR -"" l-=l .....
--~ U.CHOCCUAREHCE $ 1,000,000
- OAMAGETOMNTEO
A X Ca.lMERCIAl.GENEltAl.UAU,JTi' BKA54278864 10/01/0. 101011110 ~E"SES(&_) 1100,000
I~ ~~ IlEOWlM!'...por-.) 15,000
- X J'tRSOHAt.5,I,{W1tUlln' 11,000,000
I- GEHEltAl.AGGIlEGATE $ 2,000,000
nAGGREGATE~_r;:PER: n I PltClDl..lC'nl.COIIFIOI'AGG 12,000,000
POLICY X JEer I.OC ,
~u~ COM8INED SlNGlE LlMlT
I- (h_l $ 1,000,000
A I- -.= BAAS4278864 '010110' 10/01/10
IKXllLYINJUllY~f-' ,
f-- AU.(MHI;DAVTOlI
BODILYINJUIlY(Pw~ ,
P- -'""" X
M",,",""'" ,
~ ~m,""" ...-,
~ NClN-Cl'MEDAUTCIS ,
,
,........"" H=-. EACHOCCURRENCE .
I-
--"" AOOREGATE ,
~ ~~ ,
,~ . ,
--- -'...WCSTA'IU- I lo:-
AM! e_QYPllIoUA8UTY ". ToRV ~..,..
NN PIIOPfUETOM'AftTNEIt/lllECVTr.'E 0 E-L. EACH ACCIOENT ,
Of"FICERotola.eEREXCLUOED1' "
(MoIwIoIoryInNHI E-L. IlI$EASE-EA EMPLOYEE ,
Wy...__
tlESCRIP1lCitlOF OPERATlONiltIolow U.llIsu.sE.POUCYLMIT .
DUC:IlIl>TlONOI-.<<l_,LOCA_,ftllCU:lCADdI.tloCOIlDIIt,__-.._....II~
certificate Bolder, City's otticers, agents, and employees ore Ad.di. tional
Inaured aa respeota Jetferaon Avenue Improvementa, Project No. 2005-10 per
policy form No. CG 8579 0505 attached.
CERTIFICATE HOLDER
CANCELLATION
CITAS02
IIItOUUlNl'rOf"tIq!UOII1;~.-ouclURCNlCnL.EDIIEI'OIlIE
T1IEDf'lIIAnoNl>>.Tf:_.N01ICI!wu.RDBNlIlDllN
ACCOIICloUClt:wm4""I'OUCY-'
City ot Aahland
Department of Public Works
51 Winburn Way
Ashland OR 97520
M/TIIClRIZB)ItEPWl!HNTATM!
ACORD 25 (2009/09)
9 . 009 CORD CORPORATION. All rights reservod.
Tho ACORD namo snd laga are registered marks of ACORD
"
COMMERCIAL GENERAL LIABILITY
CG 8579 05 05
.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY MASTER PAK PLUS@
FOR CONSTRUCTION
(OREGON)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
Subiect
Paae
--7 Blanket Additional Insured (Owners. Lessees or Contractors)
Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent
Non-Owned Watercraft
Supplementary Payments (Bail Bonds)
Personal And Advertising Injury - Electronic Publication Extension
Aggregate Limits (Per Location)
Aggregate Limits (Per Project)
Voluntary Property Damage Coverage
Off Premises Care, Custody or Control Coverage
Newly Formed or Acquired Organizations
Duties in the Event of Occurrence, Offense, Claim or Suit
Bodily Injury (Mental Anguish)
--7 Waiver of TransferofRights Of R~covery AgainsfOthers
Medical Payments
Broad Named Insured
Broadened Mobile Equipment
Incidental Malpractice Liability
Non-Owned Aircraft
Property Damage - Elevators
2
3
4
4
5
5
5
6
6
7
7
8
8
8
8
8
8
9
9
CG 8579 05 05
E58700
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---7 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors)
(Includes a Primary/Non-Contributory provision)
Section II - Who Is An Insured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy in a written contract or written
agreement. The written contract or written agreement must be currently in effect or becoming effective
during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal
and advertising injury."
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
The insurance provided the additional insured is limited as follows:
A. The person or organization is only an additional insured with respect to liability caused by your
negligence and:
1. Arising out of real property, as described in a written contract or written agreement, that you
own, rent, lease or occupy; or
2. Caused by your ongoing operations performed for the additional insured.
The insurance provided the additional insured in 1.A.2. above does not apply to:
a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and
Advertising Injury Liability or defense coverage under the Supplementary Payments
arising out of an architect's, enginee~s or surveyo~s rendering of or failure to render any
professional services including:
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
and
(2) Supervisory, inspection, architectural or engineering activities.
b. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) that was performed by or on
behalf of the additional insured(s) at the site where the covered operations have 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 part of the same
project.
B. The limits of insurance applicable to the additional insured are those specified in a written contract or
written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in
Section III - LimIts Of Insurance of this policy, whichever are less. These limits are inclusive of and
not in addition to the limits of insurance available under this policy.
C. The insurance provided the additional insured does not apply to the liability resulting from the
, negligence of the additional insured.
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D. As respects the coverage provided to the additional insured under this endorsement, Section IV-
Conditions is amended as follows:
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or
Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.
2. The following is added to Condition 3. Legal Action Against Us:
We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or "suif' from the additional insured.
3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance:
If the additional insured's policy has an Other Insurance provision making its policy excess, and
a Named Insured has agreed in a written contract or written agreement to provide the additional
insured coverage on a primary and noncontributory basis, this policy shall be primary and we will
not seek contribution from the additional insured's policy for damages we cover.
4. The following is added to Paragraph b., Excess Insurance of Condition 4. other Insurance:
Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage
provided hereunder shall be excess over any other valid and collectible insurance available to
the additional insured whether primary, excess, contingent or on any other basis. In the event an
additional insured has other coverage available for an "occurrence" by virtue of also being an
additional insured on other policies, this insurance is excess over those other policies.
2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT
If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy,
the following applies:
A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following:
If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do
not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to
you or temporarily occupied by you with permission of the owner. A separate limit of insurance
applies to this coverage as described in Section III - Limits Of Insurance.
B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following:
6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit
shown in the Summary of Limits and Charges section of this policy is the most we will pay under
Coverage A for damages because of "property damage" to premises rented to you or
temporarily occupied by you with the permission of the owner arising out of anyone fire,
lightning, "explosion" or sprinkler leakage incident.
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5. PERSONAL AND ADVERTISING INJURY. ELECTRONIC PUBLICATION EXTENSION
Paragraphs 14.b., d. and e. of Section V. Definitions are replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral, written. televised, videotaped or electronic publication of material that slanders or libels a
person or organization or disparages a person's or organization's goods, products or services;
e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right
of privacy;
The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V . Definitions:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) An insured; or
(b) Any "executive office~' director, stockholder, partner or member of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment or termination of
employment of any person or persons by any insured.
Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B . Personal And Advertising
Injury Liability are replaced by the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic
publication of material, if done by or at the direction of the insured with knowledge of its falsity;
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic
publication of material whose first publication took place before the beginning of the policy period;
6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION)
The General Aggregate Lim~ under Section III Limits Of Insurance applies separately to each of your
"locations" owned by or rented to you or temporarily occupied by you with the permission of the owner.
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by.a street, roadway, waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
The General Aggregate Lim~ under Section III Limits Of Insurance applies separately to each of your
projects away from premises owned by or rented to you.u
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8. VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request, we will pay for "loss. to property of others caused by your business operations. The
most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy
period. The "occurrence" must take place in the "coverage territory".
"Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or
theft.
This coverage does not apply to:
1. Damage arising out of the use of any "auto";
2. Property you own, occupy. rent or lease from others; or
3. Property on your premises for sale, service, repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a property damage liability deductible,
the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not
be reduced by the amount of this deductible.
9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of "property
damage" to personal property of others while in your or your "employees" care, custody or control or
real property of others over which you or your "employees" are exercising physical control if the
"property damage" arises out of your business operations. This Coverage is subject to sections B.,
C., D. and E. below.
B. Exclusions
This insurance shall not apply to:
1. "Property damage" of property at premises owned, rented, leased, operated or used by you;
2. "Property damage" of property while in transit;
3. The cost of repairing or replacing:
(a) Any of your work defectively or incorrectly done by you or by others on your behalf; or
(b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking; or
4. "Property damage" of property caused by or arising out of the "products-completed
operations hazard".
C. Limits Of Insurance. The most we will pay for "property damage" under this Section 9. is $25,000
for each "occurrence". The most we will pay for the sum of all damages covered under this Section
9. because of "property damage" is an annual aggregate limit of $25,000.
The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any
other limits provided in the policy or endorsements attached to it.
D. Deductible - We will not pay for "property damage" in anyone "occurrence" until the amount of
"property damage" exceeds $250. If the policy to which this endorsement is attached contains a
"property damage" deductible, that deductible shall apply if it is greater than $250.
E. In the event of "property damage" covered by this endorsement, you shall, if requested by us,
replace the property or furnish the labor and materials necessary for repairs thereto at your actual
cost, excluding profit or overhead charges.
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10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following:
4. Any business entity acquired by you or incorporated or organized by you under the laws of any
individual state of the United States of America over which you maintain majority ownership
interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a
Named Insured if there is no similar insurance available to that entity. However.
a. Coverage under this provision applies only until the expiration of the policy period in which
the entity was acquired or incorporated or organized by you.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the
entity was acquired or incorporated or organized by you.
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before the entity was acquired or incorporated or organized by you.
d. Records and descriptions of operations must be maintained by the first Named Insured.
B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded
either by provisions of the Coverage Part or by other endorsement(s) attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are
notified of an "occurrence" applies only when the "occurrence" is known to:
1. You, if you are an individual;
2. A partner. if you are a partnership;
3. A member or manager, if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive
written notice of a claim or "suif' will not be considered breached unless the breach occurs after
such claim or "suif' is known to:
1. You. if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
Knowledge of an "occurrence," claim or "suif' by the agent, servant or "employee" of any insured
shall not in itself constitute knowledge of the insured unless an officer or designee shall have
received notice from its agent, servant or "employee".
12. BODILY INJURY
Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the
following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
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~ 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We
will not enforce our right against any person or organization for whom you perform work under a written
contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this
policy shall be the greater of:
A. $10,000; or
B. The amount shown in the Declarations.
15. BROAD NAMED INSURED
Paragraph 2.a.(1)(d) of Section II . Who Is An Insured is replaced by the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However,
this exclusion does not apply to nurses, emergency medical technicians or paramedics who are
employed by you to provide medical or paramedical services to your employees.
16. BROADENED MOBILE EQUIPMENT
Paragraph 12.f.(1) of Section V . Definitions is replaced by the following:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater;
17. INCIDENTAL MALPRACTICE LIABILITY
Paragraph 3. of Section V . Definitions is replaced by the following:
3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained
by a person, including mental anguish or death resulting from any of these at any time.
The following is added to Section V . Definitions:
23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to
render medical or paramedical services to persons by any physician, dentist, nurse, emergency
medical technician or paramedic who is employed by you to provide such services to your
employees, provided you are not engaged in the business or occupation of providing any
services referred to in this definition.
is. NON-OWNED AIRCRAFT
The following is added to Subparagraph g. of 2., Exclusions of Section I . Coverage A Bodily Injury
And Property Damage Liability:
(6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured.
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19. PROPERTY DAMAGE. ELEVATORS
The following is added to Subparagraph j. of 2., Exclusions of Section I - Coverage A Bodily Injury
And Property Damage Liability:
Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators.
All other terms and conditions of your policy remain unchanged.
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
. -0 ER
CITY REC RD._
,.,
Page 1/1
:...... DATE'.::,.. "1
9/21/2010
" ,.-' P.ONUMBER.:. ."
09806
VENDOR: 001735
TAYLOR SITE DEVELOPMENT INC
1501 SAGE RD SUITE B
MEDFORD, OR 97501
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Mike Faught
Confirming? No
l~: :a-uarmiV: ': 'rUnft'i.~. '," ,'~(. -.- ' ;". '," .. " . "Descrlotion' ':',.'. '.-' '., ,',":(':;\"1 .~:-,"unh Price" " '-~'~':;ExUP}ice-; _:l',
Construct Jefferson Avenue Improvement 514,789.00
Project No. 2005-10
Approved by Council on 9/07/2010
.
I
SUBTOTAL 514789.00
BILL TO: Account Payable' TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 514,789.00
ASHLAND, OR 97520
~'>}'!Account N'umbei':.., '\' :~~;1~'Project'NumDer, "; '~'l . "Amount'~ .. ;~::z:'Acc'ount Number: ,',- ':'--:.Project Number .. . ~,~ '. .,~~'-.;:Am'Ou-rit~.::'.:. "
:!' i:; .. .. ,
E 260.08.12.00.70420 E 200510.120 514 789.00
<'~~. .. ~rizedt:::6
VENDOR COPY
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CITY Of
ASHLAND
REQUISITION
No. PW_-FY2010
Department PW ENGINEERING
Vendor Taylor Site Development, Inc.
1501 Sage Rd., Ste. B
Medford, OR 9750 I
Account No. 260.08.12.00.704200
Date September 16, 2010
Requested Delivery Date
Deliver To Jim Olson
Via
(* Note: Please allow approximately two(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printingjobs.)
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price POND.
Construct the Jefferson Ave. Improvement
Project No. 2005-10 $ 514,789.00
(Council annroved 9/7/2010)
for Kari:
BID IRFP 1 EXEMPT: 9/2/2010
Contract Start Date: 9/l6/2010
Contract Completion Date: 5/31120 II
Insurance on file: IYES INO
Proiect No: 2005-10,
Job No.
Unit No.
I hereby certify that the above items are necessary fOf the operation
of this department and are budgeted
/7' ~1ZJAOri"dP=on
V
Issued By
Date
Received By
r.l'
G:\pub-wrks\eng\05-10 Jefferson 51 Extension\A_Admin\Taylor\05-10 Taylor Requisition.xls
.
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PROJECT ACCOUNTING WORKSHEET
PROJECT NUMBER (YEAR XX)
PROJECT TITLE
PROJECT DESCRIPTION
Department
Project Manager
Department Head
BUDGET INFORMATION
Identify fiscal year I pote~tial splits
Identify Funding Codes
and Funding Code names
DESIGN .100
Engineer Name
PO
COST
Change Orders
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total
changes
total
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total
changes
total
PERMIT COSTS (Building Dept) .170 NA
bUdget estimate
final costs
12005-10
CITY OF
ASHLAND
IJefferson Avenue Extension
Construct an extension of Jefferson Avenue in conjunction with the Brammo Motor Sport Project
Public Works
Karl Johnson
Mike FauQht
12009-10
260.08.12,OO.?04200
KAS & Assoc. Inc.
$
1 $
2
3
4
9734
28,425.00
12,020,00
12010-11
260.08,12.00,704200
(pending)
$
258.75
Taylor Site Development,
Inc
1501 Sage Rd Ste B
Medford OR 97501
Pending
$
$
700,000.00
514,789.00
Miscellaneous Costs:
Daily Tidings Advertising
Daily Journal of Commerce
r... ,
G:Pub-wrks/eng/dept-adminlengineerfprojectJ05-10 Construction proj Acet Worksheet.x1s