HomeMy WebLinkAbout2011-004 Contract - Progressive Builders
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AS~~ANDl CITY OF ASHLAND
___~_!!.,> _~j PUBLIC IMPROVEMENT CONTRACT
2010 MISCELLANEOUS CONCRETE PROJECT
Project No. 2008-17
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon (hereinafter "City" ) and PROGRESSIVE BUILDER. INC. (Hereinafter "Contractor").
The City's Project Manager for this Contract is Karl Johnson. Proiect Manwzer. Citv of Ashland
Public Works Department.
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.1 through No.2, more particularly described in Standard Condition 5, (hereinafter referred
to as "Contract Documents") for its project entitled 2010 Miscellaneous Concrete Proiect and
WHEREAS, Contractor did on the 17th day of November, 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.
These 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 11J'!?i:f;mbeiilS'20'Zol or on the date at which every party has signed
this contract, whichever is later. The work under this contract shall, unless otherwise terminated
or extended, be completed on or before 'Ma:Vl3/Jflr20'l11l.
3. Statement of Work
The work under this contract is for 2010 Miscellaneous Concrete Proiect. includinll street
improvements. curb and f!utter. sidewalks drivewavs and other improvements as is more fully
City of Ashland
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December 9. 2010
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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
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 signing 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 2010 Miscellaneous Concrete Proiect 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 not to exceed: t$2~;8r.4.611'Mll for accomplishing the work required by this
contract, including allowable expenses. This fixed 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 current fiscal year. Contractor understands and agrees that City's payment
of amounts under this contract attributable to work performed after the last day of the current
fiscal year is contingent 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 DAT A, CERTIFICATION, AND SIGNATURE
Business Name (please print): Progressive Builders. Inc.
Contact Name: JeffPlankenhorn Phone: (541) 858-7162
Address: I13B W. First Street. Phoenix OR 97535
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be
submitted with the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License #i ~ fl11(t5-S Construction Contractors Board #181086
Citizenship: Nonresident alien Yes -1.L..- No
Business Designation (check one): ---,--r Individual
_ Partnership ~ Corporation
Fax: (541) 535-1622
_ Sole Proprietorship
_ Govemment/Nonprofit
City of Ashland
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December 9,2010
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The above information must be provided prior to contract approval. Payment information will
be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number
provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.)
Information not matching IRS records could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A) together with Exhibits 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 I/my business am/is not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
Signed by Contractor:
?2I1E~ .?
Printed Name: . \ eo' f 1Q,...~Lt.DIo-IA
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12 '.2..S~/O
Date
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it
has been executed by the Public Contracting Officer or designee as well as City Finance and
Legal Department representatives.
CITY OF ASHLAND SIGNATURE
Approved:
i l3/f).o(f
Mike Fau t, Director of Public Works, City of Ashland Date
- Authorized by Ordinance 3013 and Delegation Order dated June 22. 2010
Coding: 2IsoC.o8. 12.00. "'04200 89.5% .
Reviewed: zv,. oa.3S.06.7042.oo 11.5%
~ / .~___ W~/
Lee Tuneberg, Financ Director (funds appropriated current fiscal year) Date
Reviewe :
(approved as to legal form)
City of Ashland
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December 9, 2010
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be
issued to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup
withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject
to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents
and warrants to City that (a) it has the power and authority to enter into and perform the work,
(b) the Contract, when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the
contract documents, and has checked four or more of the following criteria:
/ (1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
/ (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
/ (3) Telephone listing is used for the business separate from the personal residence
list'.
(4) Labor or services are performed onl y pursuant to written contracts.
/ (5) Labor or services are performed for two or more different persons within a period of
one year.
L (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.
. ,
Contractor W~-
Date
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City of Ashland
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EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
l. Contractor is Independent Contractor
a. Contractor shall perform the work required by this contract as an independent contractor. Although the
City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the
work to be performed; and (iii) to evaluate the quality of the completed performance. the City cannot and will not
control the means or manner of the Contractor's performance. The Contractor is responsible for determining the
appropriate means and manner of performing 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 D.
c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment
paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security. unemployment insurance. state Public Employees'
Retirement System. or workers' compensation benefits from compensation or payments to Contractor under this
contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract. or assign. sell, dispose of, or transfer
any of its interest in this contract, nor delegate duties under the contract. either in whole or in part, without the prior
written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under
the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all
provisions of the contract. If the City consents in writing to an assignment, sale. disposal or transfer of the
Contractor's rights or delegation of Contractor's duties. the Contractor and its Surety, if any, shall remain liable to
the City for complete performance of the Contract as if no such assignment. sale. disposal, transfer or delegation had
occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors. material suppliers or equipment suppliers shall in no way release Contractor from any
obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor,
material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent
that they relate to the Subcontractor's work. material or equipment. All Subcontracts are assignable to the City at
City's option. in the event this agreement is terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in
the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the
performance of this contract. the Contractor and its subcontractors are subject to the requirements and sanction of
ORS Chapter 656, Workers' Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms.
Nothing in Ihis contract gives or provides any benefit or right. whether directly, indirectly. or otherwise, to third
persons unless such third persons are individually identified by name herein and expressly described as intended
beneficiaries of the terms of this contract.
4. Successors in Interest
City of Ashland
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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.
S. Contract Documents
The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections
or parts of the bid package however denominated. including all documents and plans attached or referenced therein,
the Notice to Contractors - Invitation to Bid, Offer. First-Tier Subcontractors Disclosure Form. Surety Bond. Public
Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto. Performance Bond, Payment
Bond, Special Provisions. Plans entitled" 2010 Miscellaneous Concrete Proiect". Construction Drawings, Standard
Drawings, and Contract Addendums. all attached hereto, and incorporated herein by this reference, together with the
Prevailing Wage (BOU) if aoolicable AND anv other seoaratelv bOl/nd 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 if fully set forth herein.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the
Contract Documents. including specifically the Offer, are true and correct and are incorporated herein by this
reference. Contractor further certifies that Contractor has given the City written notice of conflicts. errors,
ambiguities. or discrepancies that it has discovered in the Contract Documents. and the written resolution thereof by
the City is acceptable to the Contractor. and the Contract Documents are generally sufficient to indicate and convey
understanding of terms and conditions for performing and furnishing the project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that
includes, at a minimum, the following:
i. A written employee drug-testing policy.
ii. Required drug testing for all new Subject Employees or alternatively. required testing of
all Subject Employees every 12 months on a random selection basis, and
Hi. 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 Ihe time of execution, will continue in full force and effect
for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further.
the City's performance obligation (which includes. without limitation, the City's obligation to make payment) is
contingent on Contractors compliance with this representation and warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the
subcontractor's Subject Employees, and represent and warrant to the Contractor that the
Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and
will continue in full force and effect for the duration of the subcontract; or
ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying
Employee Drug-testing Program for the duration of the subcontract.
City of Ashland Page 6 of 27 December 9, 2010
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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 perfonning 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). !fthe project work is suspended pursuant to subsection (f),
the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified
costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor
shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of
Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any
Federal, State. or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of
the terms of this contract. including a detennination by the City that the Contractor has not progressed satisfactorily
with the Work in accordance with specifications.
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed
appropriate in its sole discretion.
c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City,
in the exercise of its sole discretion. to be in the public interest. The City will provide the Contractor, and the
Contractor's surety, seven (7) days prior written notice of a termination for public convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the
other. Prior to such termination, however, the party seeking the termination shall give to the other party written
notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15
days of the notice, then the party giving the notice may tenninate the Contract at any time thereafter by giving a
written notice of termination.
ll. Payment on Early Tennination
City of Ashland
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December 9, 2010
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a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in
accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City. then the City shall
pay the Contractor as provided in subsection (a) of this section.
c. If this contract is terminated under lO(d). by the City due to a breach by the Contractor, then Ihe City shall
pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs. as provided for in
section 12, Remedies.
12. Remedies
In the event of termination under 10 (d), by the City due to a breach by the Contractor. then Ihe City may complete
the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of
completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract,
then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under
paragraph lO(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful
possession of the Project site and premises, and materials located on and off the Project site and premises for which
the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to
termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive.
The City also shall be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of
the Contract and receipt of payment as provided in section 11 (b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents,
papers and records of Contractor which relate to this contract for the purpose of making audit. examination,
excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made
available upon request. Payment for cost of copies is reimbursable 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.
All documents or other materials submilted to City by Contractor shall become the sole and exclusive property of
City. Such materials are subject to Oregon Public Records laws.!
15. Compliance with Applicable Law
City of Ashland
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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 Chapler 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.OlO(p). 279A.120. 279C.375,
and 279C.380( 4), (A ward of Contract and Bond); ORS 279A.II 0 (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 performing work as described in ORS 701.005(2) (Le.. 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 performing this Contract, Contractor will pay and cause to be paid not less than
the prevailing rate of wages as of the date of the Public Notice. per hour. per day, and per week for and to each and
every worker who may be employed in and about the performance of the Contract. In accordance with ORS
279C.838. each worker in each trade or occupation employed in the performance of the Contract either by
Contractor, subcontractor or other person doing or contracting to do or contracting for the whole or any part of the
work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage. whichever is
higher. Copies of the current 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.oreeon.2.ov/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 information showing which prevailing rate of wage is
higher for workers in each trade or occupation in each locality, as detennined by Ihe 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. tORS 279C.830(l)]
c. 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( I). 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 Ihe 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,
City of Ashland
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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.S36 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.S30(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 bood must remain in effect continuously until depleted by claims paid under this section, unless the
surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement
prior to permitting the subcontractor to start work on the project.
e, If the Contract is for a public work and the Contract price is $50.000 or more. Contractor shall supply and
file, and require every Subcontractor to supply and file. with the City and with the Wage and Hour Division, Bureau
of Labor and Iodustries (BOLl). SOO NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that
cooforms to the requirements of ORS 279C.S45.
18. Hours of Labor {Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in 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 or 40 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 Ihe 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]
(1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due. make payment to any person. co-
partnership. association or corporation furnishing medical, surgical and hospital care services or other needed care
and attention, incident to sickness or injury, to the employees of the contractor. of all sums that the contractor agrees
to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law. contract or agreement for the purpose of providing or paying for the services.
(2) Pursuant to ORS 279C.530(2). All employers, including Contractor, that employ subject workers who work
under this contract in the State of Oregon shall comply with ORS 656,017 and provide the required Workers
Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of
its subcontractors complies with these requirements..
20. Retainage
City of Ashland
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December 9, 2010
"
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}
. If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account
in a bank, savings bank. trust company or savings association for the benefit of the City. Earnings on the
account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560( 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, inform the contractor of all accrued costs. Bonds and
securities deposited or acquired in lieu of retainage. as permitted above, shall be of a character approved by the City
Attorney and Cily Finance Director. including but not limited to:
(a) Bills, certificates. notes or bonds of the United States.
(b) Other obligations of the United States or its agencies.
(c) Obligations of any corporation wholly owned by the federal government.
(d) Indebtedness of the Federal National Mortgage Association.
(e) General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated
with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds
retained, or to be retained. by the City in a form acceptable to the City. The bond and any proceeds 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]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid. and
those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City
for approval. before the fifth of the following month, or as mutually agreed between the Contractor and City. These
estimates shall include value of labor performed and materials incorporated in the work since commencing work
under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and
shall be based upon the whole amount of money that will become due according to terms of the Contract when
Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor
of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some
other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of
bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such
materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to
the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials.
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December 9, 2010
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 wrilten 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 (1S) 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.S70(2)(3). Defective or improper invoices will be addressed as
set forth in ORS 279C.570(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 Ihan one hundred percent (100%) of the contract value or estimated value or estimated
cost, whichever is greater, of the work remaining to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such approval if, in the
City's opinion. and in good faith, the work has not progressed to the point indicated by the Contractor's submittal.
The City may also decline 10 approve an application for payment or may reduce said payment or. because of
subsequently discovered evidence or subsequent inspections. City may nullify the whole or any part of any payment
previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1)
defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to
Subcontractors for labor, materials or equipment, unless Surety consents to such payment. (3) reasonable doubt that
the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (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. 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.S70(9).
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no
further estimate may be accepted or progress or other payments allowed until the Project is completed, unless
approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are
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.S70(2)].
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',"
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION, Contractor shall notify the City in writing when all or a portion of the
work is considered substantially complete. If it appears to the City that the work is not substantially complete, the
City shall not make an inspection. The City may make a general list of major work components remaining. If it
appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice. make
an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall
prepare a Certificate of Substantial Completion. Exhibit F. Upon acceptance of the Certificate of Substantial
Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work
described in the Certificate of Substantial Completion. subject to the warranty requirements and protection of the
work and all other applicable terms of the contract documents. The date of substantial completion of all the work
shall stop the accrual of liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it
appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may
make a general list of major work components remaining. If it appears that the work is 100% complete, the City
shall. within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify
Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared
until all provisions of the Contract have been met. including but not limited to, the submission by the Contractor of a
signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H).
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 Cily accepts the Certificate of Final Completion, the dale the Contractor signs the Certificate of
Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period.
The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in
accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for
any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price
in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the
City due to Contractor's failure to meet any contract provision or specification other than timely completion.
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 (1) year
following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last
known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this
subsection does not alter the original tlnal 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 made, shall be conclusive with respect to the amount earned by the Contractor,
and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for
the enforcement thereof that Contractor might have had.
e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit
the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the
City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within
thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on
final payment! relainage requirements of ORS 279C.570(8).
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December 9,2010
f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract
documents for inspection. approval and acceptance of the work; for determination of the work done and the amount
due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same
for payment; for consideration of the Contractor's claim. or claims, if any; and for the preparing of a revised final
estimate and Certificate of Final Completion and processing same for payment all have been carried out.
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 terms 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 performance 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
performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution
and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of
the City.
24. Contractor/Subcontractor Payment Obligations
a. The Contractor is required to include in each subcontract for property or services entered into by the
Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract:
i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory
performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City
under such contract; [279C.580(3)(a)] and
ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days
after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the
case of each payment not made in accordance with the payment clause included in the subcontract pursuant to
paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the
only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the
contractor or frrst-tier subcontractor did not receive payment from the City or contractor when payment was due.
The interest penalty shall be:
City of Ashland
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December 9,2010
'.
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.S1S(2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts. for the purpose of performance of
such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest
penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its
subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.
[279C.S80(4)]
c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS
279C.S80(S) until such time as the Contractor has determined and certified to the City that the subcontractor is
entitled to the payment of such amount. [279C.S70(1)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) of ORS 279C.S80 does not constitute a dispute to which the City is a party. The City shall
not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.S80(2)]
e. The Contractor shall make payment promptly, as due. to all persons supplying to the Contractor labor or
material for the performance of the work provided for in the contract. [ORS 279C.SOS(1)(a)] The Contractor shall
pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund
from Ihe Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.SOS(1)(b)] The
Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible
for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.SOS(1)(c)]
The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167. [ORS 279C.SOS(1)(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 Ihe 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 from the contracting agency or a contractor, the contractor or first-tier subcontractor
shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment
is due under ORS 279C.S80 (4) and ending upon final payment, unless payment is subject to a good faith dispute as
defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due
shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the
Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received
from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount
of interest may not be waived.
h. Pursuant to ORS 279C.SI5(3), if the Contractor or a subcontractor fails. neglects or refuses to make payment to
a person furnishing labor or materials in connection with the public improvement contract, the person may file a
complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in
ORS 279C.580.
i. Pursuant to ORS 279C.5IS( 4), the payment of a claim in the manner authorized in this section does not relieve
the contractor or the contractor's surety from obligation with respect to any unpaid claims.
j. Living Wage Rates: If the amount of this contract is $18,703 or more. and Contractor is not paying prevailing
wage for the work. Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living
City of Ashland
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December 9. 2010
wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who
performs 50% or more of the work under this contract. Contractor must post the attached Living Wage'- notice
predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor
shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial
financial loss if the project work is not completed within the timeframe specified in Section (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 Dollars 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 of a delay in the completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become due to the
Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in
respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver
of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete
the work on time. Permitting the Contractor to continue and finish Ihe project work or any part thereof after the
contract time, or adjusted contract time. has expired shall in no way operate as a waiver on the part of the City or
any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a
showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of
the parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and
standards as well as the requirements of applicable federal, state, and local laws. it being understood that acceptance
of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless,
indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses,
damages or other costs of whatsoever nature. including attorney's fees and witness costs (at both trial and appeal
level. whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from,
during or in connection with the performance of the work, actions or failure to perform actions, and other activities
of Contractor or its officers. employees, subcontractors or agents. under this contract, including the professional
negligent acts, errors, or omissions of Contractor or its officers. employees, subcontractors. or agents except liability
arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility
for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor. to the City, and
to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen
difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if
(a) fault is the basis of the claim, and (b) any act. omission or conduct of the City connected with the Contract is a
condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or
common law rights of defense and indemnification by the City. Such indemnification shall also cover claims
brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify
City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article
or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever. such
illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or
liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be
construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section.
In the event any such action or claim is brought against the City. the Contractor shall, if the City so elects and upon
tender by the City, defend the same at the Contractor's sole cost and expense. promptly satisfy any judgment
City of Ashland
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December 9, 2010
.
adverse to the City or to the City and the Contractor jointly. and reimburse the City for any loss, cost. damage. or
expense. including attorney fees, suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in
Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price.
In case of the breach of any provision of this section. the City may elect to lake 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) Performance Bond and (2) Payment Bond
written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based
upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The
bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of
all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the
prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other
financial assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance. in an
amount equal to 10% of Ihe final amount of the contract. The City may permit Ihe warranty amount to be included
in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a
period of one year from the date of Final Completion. The City may require a separate warranty bond or financial
assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial
assurance shall be for a period of one year from the date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand
delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after
the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided
labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or
conducts business or at the residence of the contractor. Notwithstanding the above. if the claim is for a required
contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered
within 150 days after the employee last provided labor or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5).
30. Two-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, from activities of the Contractor in performing its duties and obligalions under this
Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with
relation to such required repair. be extended one year from the date of completion of such repair.
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Oecember9,2010
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may
have the defects corrected. and the Contractor and Contractor's surety shall be liable for all expense incurred. In
case of an emergency where. in the opinion of the City, delay would cause serious loss or damage. repairs may be
made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the
City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such
costs.
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible
by or resulting from this Agreement on the grounds of sex, race, color. creed, marital status, age. sexual orientation
or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with
ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by
employers against any employee or applicant for employment because of race. religion. color. sex, national origin.
marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,
which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex,
national origin, marital status or age if the individual is 18 years or older or because of the race. religion, color. sex,
national origin or age of any other person with whom the individual associates. or because of a juvenile record that
has been expunged pursuant to ORS 4l9A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ
or to bar or discharge from employment such individual or to discriminate against such individual in compensation
or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material
violation of the Agreement and shall be grounds for cancellation. termination, or suspension in whole or in part.q
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris. if feasible and cost effective. If the contract
includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved
site, if feasible and cost effective. [ORS 279C.5IO(1)&(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted
ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that may affect the performance of the contract.
Federal Aeencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
City of Ashland
Page 18 of 27
December 9.2010
.
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor. Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation. Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Aeencies:
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 A2encies:
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
WaleT Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances,
rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing
statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of
natural resources occurring after the submission of the successful bid. the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(I) Issue the contractor a change order setting forth the additional work that must be undertaken.
City of Ashland
Page 19 of 27
December 9. 2010
"
The solicitation documents make specific reference to known conditions at the construction site that may require the
successful bidder to comply with the ordinances. rules or regulations identified above. If Contractor encounters a
condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a
reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or
regulations enacted by the governmental entities identified above. the successful bidder shall immediately give
notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise
be required by any environmental or natural resource ordinance, rule or regulation. the Contractor shall not
commence work nor incur any additional job site costs in regard to the condition encountered and described in
subsection (3) of this section without written direction from the contracting agency. Upon request by the City. the
Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs
resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency
for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for 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 terminate the contract under either subsection(a) of this section, the Contractor shall be
entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on
the percentage of the work completed. The City shall have access to the contractor's bid documents when making
the contracting agency's determination of the additional compensation due to the contractor. If the contracting
agency causes work to be done by another contractor under either subsection (c) or (e) above. the initial contractor
may not be held liable for actions or omissions of the other contractor. The change order under either subsection (I)
of this section shall include the appropriate extension of contract time and compensate the contractor for all
additional costs, including overhead and reasonable profits. reasonably incurred as a result of complying with the
applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents
when making the contracting agency's determination of the additional compensation due to the contractor.
Notwithstanding the above. the City has allocated all or a portion of the known environmental and natural resource
risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; 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 before or after completion and acceptance of work or payment therefore, from showing the true amount and
character of work performed and materials furnished by the Contractor, or from showing that any such
measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact
to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or
certificate. or payment in accordance therewith. from recovering from the Contractor and their Sureties such
damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing
compliance with the Contract. Neither acceptance by City. or by any representative or agent of the City. of the
whole or any part of the work, nor any extension of time. nor any possession taken by City, nor any payment for all
or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or
any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any
other breach.
35. Errors
The Contractor shall perform such addilional work as may be necessary to correct errors in the work required under
this contract without undue delays and without additional cost.
City of Ashland
Page 20 of 27
December 9. 2010
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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 cO,urts. 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 term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in contlict
with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held
invalid.
38. Attorney's Fees
If a suit or action is filed to enforce imy of the terms of this contract, the prevailing party shall be entitled to recover
from the other party, in addition to costs and disbursements provided by statute, any sum which a court. including
any appellate court, may adjudge reasonable as attorney's fees.
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. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices,
bills. and payments sent by mail should be addressed as follows:
City:
Karl Johnson. Project Manager
City of Ashland
Public Works Department
20 East Main Street
Ashland, OR 97520
Contractor:
Progressive Builders, Inc.
ii3 B W. First Street
Phoenix, OR 97535
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. Conflict ofInterest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of its services. The Contractor further covenants that
in the performance of this contract no person having any such interest shall be employed.
City of Ashland
Page 21 of 27
December 9, 2010
42. Merger Clause
TillS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER. CONSENT, MODIFICATION OR CHANGE OF TERMS OF TillS 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
TillS CONTRACT. BY ITS SIGNATURE. CONTRACTOR ACKNOWLEDGES IT HAS READ AND
UNDERSTANDS TillS 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
EXHIBIT J
ATTACHMENTS: EXIllBITS A-J
STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS
COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
INSURANCE REQUIREMENTS
INDEPENDENT CONTRACTOR CERTIFICATION
BONDS (PAYMENT AND PERFORMANCE)
CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF COMPLIANCE
RELEASE OF LIENS AND CLAIMS
CERTIFICATE OF FINAL COMPLETION
INSTRUCTIONS TO BIDDERS
City of Ashland
Page 22 of 27
December 9,2010
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.oLlIs/ors
City of Ashland
Page 23 of27
December 9, 2010
,.
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 0 $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
o Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less
than. $1,000,000 or 0 $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
o 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: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4)
equipment; and (5) supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits
or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its
insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate
of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services
to be provided under this contract. This coverage shall be by endorsement physically attached to the
certificate of insurance.
The Contractor shall defend, indemnify, and hold hannless, 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 fumish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City approval. If requested. copies of
City of Ashland
Page 24 of 27
December 9. 2010
,
insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-
insured retention's, and/or self-insurance.
City of Ashland
Page 25 of 27
December 9.2010
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and
certify under penalty of perjury that it is a corporation.
?f':"1""'t..%I~ /k;;l~ 1:,l4C (iIIP"
Entity SI at r
1"2.. - 2..q , /?')
Date
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 of ORS 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
licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of
a periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business
Schedule C as part of the personal income tax return, for the previous year. for labor or services
performed as an independent contractor in the previous year.
8. Contractor 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 four or more of the following:)
~ A. The labor or services are primarily carried out at a location that is separate from
Contractors residence or is primarily carried out in a specific portion of Contractors
residence, which is set aside as the location of the business.
B. Commercial advertising or business cards are purchased for the business, or Contractor
has a trade association membership.
C. Telephone listing is used for the business that is separate from the personal residence
listing.
/
Z
City of Ashland
Page 26 of 27
December 9, 2010
./
../
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.
L
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,
/ 2.. -~77J
Date
City of Ashland
Page 27 of 27
December 9, 2010
...
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City of Ashland, Oregon
PROPOSAL AND BID SCHEDULE
TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION,
EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS.
PROJECf FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE
COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WIm THE CONTRACT DOCUMENTS,
PLANS, SPECIFICATIONS, AND DRAWINGS WIDen ARE ON FILE AT THE CITY OF ASHLAND,
CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520.
NAME OF BIDDER f('':j~~u E...'~..61 r",l..
CONTACT ~I d.t~ 9
ADDRESS JJ ,\ is I.,) flrB-f ~
CITY 1kD.',^~1r STATE oR ZIP 7'7~3'i
TELEPHONE NO. 541 '651{ 71111.-
FAXNO.~536- /(itZ2-:
EMAIL ADDRESS -:iff/i) prolM,' l/z . &;"'"1
To the Honorable Mayor and City Councll
City HaU
City of AsbIand
20 East MaiD Street
Ashland, Oregon 97520
In response to competitive bidding, this PROPOSAL Is submitted as an olTer by the undersigned to enter into
a contract with the City of Asbland for furnisblng aU permits, labor, tools, machinery, materials,
transportation, equil'ment and services of aU kinds ~ for, necessary for, or reasonable inddental to, the
construction of the !~lit!!i9:iUK.~ . (hereinafter "Project'') for the City of Asbland,
Oregon, as shown in the contract documents on me at CIty Community Development Building, which are a
condition of this OlTer as though they were attached. This olTer Is subject to the foUowing declarations as to
the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the
terms and prices herein submitted.
1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents,
project work, site, locality. general nature of work to be performed by City or others at the site that relates
to the project work required by the Contract Documents, local conditions, and federal state, and local
Laws and Regulations that in any manner may affect cost, progress, performance, or furnisblng of the .
project work. .
2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefuUy
studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress,
performance, or furnishing of the project work as ContractOr deems necessary for the performance and
furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents; and no additional or supplementary
City '01 A:;hlsnd
. 10011011
October 21.2010 .
~
, '.
.
examinations, investigations, explorations, tests, reports, or similar information or data are or will be
required by Contractor for such purposes.
3. It Is understood that the City shall Investigate and determine the quallfications of the apparent low
responsive bidder prior to awarding the contracL The City sbalI reject any bid by a nonqualll1e,hr
disqualified bIdder. The City of Ashland reserves the right to reject for any good cause any or all hlds,
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 compUance with all preserihed pubUc hlddlng procedures and
requirements, and may reject all bids for good cause upon a finding that It Is In the pubUc interest to do so.
Evaluation of bids will be based on minimum requirements estabUshed by the specifications and
compUance with conditions of the Notice to Contractors and Invitation to BId, and compUance with City
pubUc contracting rules. Additional evaluation criteria are as foDows: None. .
4. The deadline to me a written protest or request, pursuant to Instruction to Bidders to change contract
terms, conditions or specifications Is not less than ten (10) calendar days prior to bid opening.. BId closing
may be extended by the City to consider a protest or request.
5. All of the contract doeuinents, including all plans, specifications, and drawings have been examined and an
examination of the site of the proposed work, together with such investigations as are necessary to' .
determine the conditions to be encountered have been made by the undersigned and the tenus and
conditions of the contract. and soUcitation documents are hereby accepted, and that if this Offer is
accepted, the undersigned will contract with the City of Ashland, Oregon, In a form substantiaIly similar
to that attached Agreement and agree to be bound to the terms and conditions of said contract and
soUcitation documents.
6. It Is understood that the contract drawings may be supplemented by additional drawings and
specifications In explanation and elaboration thereof and, if they are not In conflict with those referred to
In paragraph 1 above, they sbalI have the same foree and effect as though they were attached and they
sbalI be accepted as part of the contract when Issued. . .
7. The underslgiled agrees that upon written acceptance of this hid slhe wi1\, within ten worldng days, of
receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees
that slhe wiD provide the foDowlng 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,Ucenses, etc. as required In the contract documents.\
'. '. Si.....,
6. ZZ....J1!e following base hid of ::r.Jo H...JIl<J.-* ~:e.'W~J"~' f.,..r/f~4.J DolM'l .
($ 'i, 4{go. q I ) Is proposed for this project as desCrthed' the Contract oeuments. 4",d ",'--!f Q;~ ~
7. All items In the Bid Schedule have been completed In fuU by showing a unit or lump sum price or
prices for each and every Item thereof. The price per Item sbalI be clearly shown In the space provided. The
pricing shaD be extended to show the total when required.
8. It Is understood that all the work wIIi be performed under a lump sum or unit price basis and that for
the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the
project in accordance with the plans and specifications sbalI be flirntshed for the said lump sum or unit price
uamed. It Is understood that the quantities stated In connection with the price schedule for the contract are
approximate only and payment shaIl be made at the unit prices named for the actual quantities tncorporated
in the completed work. If there shaIl be an increase in the amount of work covered by the lump sum price, It
shaIl be computed on a basis of "extra work" for which an increase In payment will have been earned and if
there be a decrease In the lump sum payment, It shaIl 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 .
City of Ashland.
October 21,2010
If of 100
.
. .
.
the undersigned In checking tbe undersigned's own independent calculations and that at no time sball the
undersigned attempt to bold 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 suhm/ts the unit prices as those at wbich he wiD .perform the work involved. The
extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid
comparisons and if there are any dlscrepancles between the unit prices and the total amonnt shown, the unit
prices shall govern.
10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and
services of aU kinds required for, necessary for, or reasonably incidental to, constnJctlon of this Project with
aU appurtenant work as required by the plans and specJticatlons of this OfJer for the unit or. lump sum prices
in the "BID SCHEDULE". ..
11. In stating prices, it is understood that the prices include aU materials and work reqnlred to complete
the contract in accordance with the plans and specJticatlons. If any material, item or service required by the
plans and specificationS bas not been mentioned specJticaUy in the "BID SCHEDULE", the same shaD be
furnished and placed with the nnderstanding that the run cost to the CIty bas. been merged with the several
prices stated in the "BID SCHEDULE." .
12. The CIty reserves the right to reject any and aU bids, waive formalltles, or accept any bid wbfch
appears to serve the best interests of the City In accordance with OKS 279B.l00. The City reserves the right to
reject any and aU bids, waive formallties, or accept any bid wbfch appears to serve the best Interests of the City
in accordance with OKS 279B.l00.
13. The foregoing prices shall Include aU labor, materials, eqnlpment, overbead, profit, insurance, and aD
other incidental expenses to cover the im/shed work of the several kinds caUed for. Unit prices are to be shown
in both words and figures. In case of dlscrepancy, the amonnts shown in words wiD govern. . .
14. Upon. receipt of written notice of the aeceptance of this bId, Bidder shall execute the fonnaJ contract
attached within ten days, deliver surety bond or bonds as required, and deBver required proof of insurance.
The bid security attached in the sum of five percent of the total price for the bid or combInation of bids is to
become the property of the Owner in the event the contract and bond are not executed within the time above
set forth as liquidated damages for the delay and additional expense to the Owner eansed thereby.
IS.. If the proposed hid price wiD exceed $50,000.00 the nnderslgned, as bidder, acknowledges that
provisions of ORS 279C.800 - 279C.870 relating to workers on puhDc works to be paid not I... than prevalllng
rate of wage shaD be included in the contract, or in the alternative, if the project is to be funded with federal
funds and is subject to the Davis-Bacon Act (40 U.s.C. A276a) bidder agrees to comply with the Davis-Bacon
Act requirements. ''Prevalllng Wage Rates for Public Works Cootracts In Oregon," wbfch are incorporated
hereIn by reference, and can be accessed at: . .
bttp:/lwww.oregon.govIBOLIIWHDIPWR/pwr_hook.sbtmJ
Iii. The undersigned shalJ furnlsb bonds required by the SpecJtieatlons and comply with the laws of the
Federal Government, State of Oregon and the City of AsbInnd wbfch are pertinent to constnJctlon contracts of
this nature even though such laws may not have been qnoted or referred to in the specJticatlons.
17. Accompanying this Offer is a cert/fled check, easbler's check or a bid bond, for the sum of
.;;t3~ CJ/f){). (iidJ. . payable to the City of AsbInnd, Oregon, this being an amonnt for ten percent (10%)
of the total bid based upon the estimate of quantities at the above price according to the conditions of the
advertisement. If this OfJer is accepted by the City and the nnderslgned falls to execute a satisfactory contract
and bonds as stated in the Advertisement within ten (10) working days from the date of notlllcatlon, then the
City may, at its option, determine that the nndersigned bas ahandoned the contract and there upon this Offer
shall be consIdered nuD and void, and the bid security accompanying this Offer shall be forfeited to and
City of Ashland
12 of 100
October 21.2010
.
. .
,
become the property of the Oty of Ashland. If the bid is not accepted, the bid security accompanying this
Offer shall be returned to the undersigned.
18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon
Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C,800 - 279C.870
relating to workers on pubUc works to be paid not less than prevailing rate of wage shall be included in the
contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-
Bacon Act (40 U.S.C. A276a), hidder agrees to comply with the Davis-Bacon Act requirements. The
undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838,
279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(I)(a)(J)].
19. The undersigned certifies that the undersigned Contractor is not ineligihle to receive a contract for a
pubUc work pursuant to ORS 279C.860. Btdder further agrees, if awarded a contract, that every
subcontractor will be eligible to receive a contract for a pubUc work pursuant to ORS 279C.860.
20. The undersigned certifies that the undersigned Contractor has not discriminated against minority,
women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder
understands and acknowledges that it may be dlsqnalifled from bIdding on'thIs pubUe improvement project as
set forth in OAR 137-449-0370, including but not Umlted 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 roles implementing the Statute. '
21. The undersigned agrees that the time of completion shaD be defined in the specifications, and further,
the undersigned agrees to initIate and complete this Project by the date stated below.
. The' work shall be commenced within S
Notice to Proceed.
The work shall be completed in all respects within I Z 0 calendar days following issuanCe
of the Notice to Proceed and shall be completed no later than May 31, 2011.
working days after receipt of the written
.
.
The undersigned agrees that the "TIme of Completion" shall be as defined In the specifications
and that the bidder will complete the work within the number of consecutive calendar days stated
for each Sebednle after "Notice to Proceed" has been issued by the Owner. Bidder furthermore
agrees to pay as Uqnldated damages, for each calendar day thereafter, the amounts sbown in
Standard Conditions, for each day the project remains incomplete.
22. The undersigned bidder is registered with the Oregon Coostraction Contractors Board (CCD), the
registration is current and vaUe!, and the bidder's registration number is stated below. [OAR 137-449-
0230(1)] BIdder understands that failure to have a current CCB Ucense shaD result in rejection of this
bid.
23. The undersigned bidder is Ucensed by the State Landscape Contractors Board, if applkabk, the
Ueense is current and vaUe!, and the bIdder's registration number is stated below. [OAR 137-049-
0200(1)(a)OO] BIdder understands that failure to have a current LCD Ucense shall result in rejection
of this bid.
24. In determining the lowest responsihle hldder, City shall, for the purpose of awarding the contract, add
a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference
given to that bidder In the state in which the bidder resides. "Resident bidder" of Oregon means a
hidder that has paid unemployment taxes or income taxes in this state during the 12 calendar DHlnlbs ,
Immediately preceding submission of the bid, has a husIness address in this state and has stated In the
bid that the hldder is a "resident bidder" of the State of Oregon. The undersigned represents him/her
self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank
below.
City ot Ashland
13af1oo
October21.2010 .
~ .
.
The Bidder is L or is not
a resident Bidder as defined in ORS 279A.120.
<
25. The undersigned hereby represents that no ConnciJor, Commissioner, officer, agency or employee of
the City of Ash/and Is personally interested dlreetJy or indirectly in this Contract or the compensation
to be paid herennder and that no representation, statement or statements, oral or in writing, of the
City, its CouncUors, Commissioners, officers, agents or employees had Indnced h/DJ/her to enter into
this Contract, and the papers made a part of its terms; ,
26. The nndersigned has not directly or indirectly Indneed or soUclted any person to submit a false or
sham hid or refrain from bidding. The nnderstgned certifies that this bid has been arrived at
independently and snbmitted without connection with any person, firm or corporation making a bid
for the same material and Is, in aU respects, fair and without coUusion or fraud
27. The nnderslgned confirnis that this firm has a Qualified Drug Testing Program for employees in place
and will demonstrate this prior to award of contracL [OAR 137-049-0200(1)(c)(B)]
28. The linderslgned confirms that if this contract involves asbestos abatement or removal, the hidder Is
Ucensed under ORS 468A.710 for asbestos removal Asbestos abatement Is not ImpUcated in this
contracL
29. The City of Ashland may' waive minor informaUtles, reject any bid not' In compUancewith aU
prescribed pubUc bidding procedures and requirements, and may reject for good cause any or aU bids
upon a finding that it Is In the pubUc interest to do so. ,
30. The nndersigned confirms that this offer Is not contingent upon City's acceptance of any terms and
conditloDS other than those contained la the SoUcltatlon and Contract dOCuments.
\
31. The bidder understands that the City reserves the right to mal\e changes to the Notice to Contractors 1
Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date.
The City will not mail notice of addenda but shall pubUsh notice of any addenda on City's webslte ,and
post the notice of addenda at Community DevelopmenL www.asblaridor.us The addenda may be
downloaded or picked up at Community Development, 51 WInburn Way, Ashland, Oregon. 'The
bidder must cheek the webslte and Community Development buDetln hoard frequently until closing.
The bidder acknowledges that the Addendum(s) Usted below have been reviewed online or a copy
obtained and considered as part of the suhmittal of this OtTer and Bid Schedule.
ADDENDUM NUMBER --L THROUGH..l.. HAVE BEEN REVIEWED
32. The bidder nnderstands that the City will be awarding the contract 10 the Responsihle Bidder with the
lowest Responsive Bid OAR 137-049-0200(1)(h)(C}. Whether a bidder Is responsible will be
determined hy ORS 279C.375 and the City's completion of th,e attached Bidder Responsibility
Determination Form.
33. Instructions for F"1l'St. Tier Subcontractors DIseIosure.
Bidders are required to disclose infonnatlon about certain first-tier subcontractors (those
subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS
279C.370). SpecilicaUy, when the contract amonnt of a first.tler subcontractor is greater than or
equal to: (I) 5 % of the project bid, but at least $15,000, or (il) $350,000 regnrdless of the percentage,
you must dJseIose the foUowing infonnatlon 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 doUar value.
qily of Ash/sod October 21,2010
1401100
..
, '.
.
If you wiD not be using any subcontractors that are subject to the ahove disclosure requirements, you
are required to Indicate "NONE" on the form. Failure to suhmit this form by the disclosure deadline
will result In a non-respousive bid. A non-responsive bid will not be cousidered for award. THE.
CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSmILITY OF BIDDERS TO
SUBMIT THIS DISCLOSURE FORM AND ANY ADDmONAL SHEETS BY THE DEADLINE.
SEE INSTRUCTIONS TO BIDDERS. The disclosure should be suhmitted on the First. Tier
Subcontractor Disclosure Form attached to thls Invitation to BId.
34. Bidder Information and Signature
~91:\l"'" b..:I.Jtf".>j r"ll.. .
F ameofBidder
Hfl--
Signatore of Bidder
~ Pl4"'~L.o,V"I
Printed Name of Bidder
_P(~I~-1
Official Title'
s~in"CbrporatiOn
-'~I~
CCB Number
Dated this
{7
day of ,.lj~~,
2010.
NarneofBidder ,W ?~,,~~.rll'
Address JI3 . B LJ ~i ~ . "bi
Telephone No. ~ 15<6" 7/ra.
~~'l'" I Of(
175:55
City of Ashland
1601100
October 21.2010 .
~
.
2010 Miscellaneous Concrete Proiect
Proiect No. 2008.17
Bid Schedule A - 3M Street
I!:W DESCRIPTION 2IX. mm: UNIT PRICE AMOUNT
I':ID.
1 Mobilization 1 I.S. i (,CZXJ.QO i ',CJ~. fJt7
~ Temoorarv Protection and Direction ! 18 i . 'i1:ix;. 0 CJ i fD~. Ot:?
!!fTral'fil;
~ Erosion and Sediment Control ! 18 i 2-~.QO i 25(7. ~4J
~ Removal of StructI..... and 1 I.S. i 2.60.99 i 26(7.<0-6'
ObstructiQm
5 Clearin2 and Grubbing ! L.S. i. 4/)rA:PJ;o. i ~ ,6tZQ
6 Earthwork 1 I.S. i 4LI)OQ, 00 i / , fj(l(j; (f) L
. Z 3" PVC Sleeve (Schedule 40) U LE 1 ' 5 ( @aJ S to .00
.8 Subl!l'ade Geotextile ~ ~ S J.Q5 i 526'. <<J
.2 Adiustin2 Boxes .~ M S ZS<J .QCJ s 750,0 Q
1Q ~" -0" A~2rellate Base ~ TIm i 'L4 ,22 i q or/" 2..5
11 Level 3. y, inch MHMAC' Mixture ~ TIlli s 105 diJO. 1 /).1 L.jhO. 00
u Concrete CUrh & Gutter ill LE i )'1. Z':i s It) 72.L26..
.u Concrete Sidewalks ~ Sf i S.% 1 977 Cf/1
u Concrete Sidewalk Ramos ~ M 1 <?75 .00 i ~ /:>09. Or;?
15 Concrete Standard Drivewav Anmn ill Sf S . 4!lE. . i ~kr,'Sp
lli Concrete Coml11P.l'C"ial Drivewav m Sf 1 II 1 2z3Q/,05
AImm ('K)
11 Pavement Bar. Tvne B-HS lill Sf i 12,-co .1 I, tz "3o,(?t/
1J! Remove & Reill8tall Sims 1 I.S. 1 2Eo .OQ i 250,09
12 Pennanent Seedioll 1 I.S. S 1 (v'iXl. Iii CJ 1 L~(ij)(). O@
~ I!lm2il ~ ~ 1 2$,00 1 '4~O&bL
11 RecODRtruct Ex istinll Rock W all ~ SE i 14.QQ i . 'i'tfJO,(iJ(J)
3M Street Total 1 5tl~.75
City of Ashland
18 01 100
November 9, 2010
2010 Miscellaneous Concrete Proiect
. Proiect No. 2008.17
Bid Schedule B - Orel!on Street. Frances Lane and Walker Avenue
!:!:W DESCRIPTION OTY. !!!m UNIT PRICE AMOUNT
NO. (FIGURES)
I Mobilization 1 18 i /':J3o.oo i '/530.00
~ Temoorarv Protection and Direction 1 18 i /530.00 i I c....<.o. (}O
of Traffic
3 Erosion and Sediment Control I 18 i 516. (}{J i 5/6.00
~ Removal of Structures and 1 18 i ()- i fJ
Obstructions
5 Clearin2 and Grubbin2 1 18 i 12./3~o, az i I Z, 3';0. CO'
6 Earthwork I 18 i 12. ~O.iDO i la ~rJ.tJ)t1
,
i . / O~ i <g~7./~
7 Sub2rade Geotextile ill s.x
8 12" HDPE Storm Drain Pine 72 LF i ~q. 75 i '-/. DOl. 00
2 Concrete 4A Curb Inlet - 1 ~ i i72 .50 i 2,3/7.50
10 Adiustim! Boxes 2 ~ i 17t,fiP i 1'545.00
11 Minor Adiustment of Manholes I EA i 2.57.50 i 2.57. S?
12 JA" - Q"Ae:l!rel!8te Base 305 TON i 14.70 i '7, lfn5(}
235 TON i II. ~O i Z ...
13 4" - 0" Allllre28.te Base 77/,.00
14 Level 3. Y, inch MHMAC Mixture 126 TON i 10'6./1) i J3' 1.7/. 'jO
II Concrete Curb & Gutter 868 LF i /1;<6t:; i /7. ZZ9 'ij;I
16 Concrete 16" Standard Curb 12 LF i 2o.~5 i I lzL/7. I~
17 Concrete Sidewalks 3.848 SF i 110Q .(J 0 i 15 3Q2.00
18 Concrete Sidewalk Ramos 1 ~ i 901.25 i. 2703.7t;" .
12 Concrete Commercial Drivewav 1.066 SF i S.OG i t; 3 30. "0
Aoron
. 772. C;o -'
20 Extra for AC Aonroaches 4 EA i i 3090.rp()
. ,18.' i ~.IfJO i z()~ . 0()
21 Remove & Reinstall Sims 1
22 Pavement Bar. Tvoe B.HS 120 SF i 12.,35 i [~<gZ.OO
23 Permanent Seemn2 1 18 i Jr;30.@O i 1030,00
Orel!on Street. Frances Lane and Walker Avenue Total i 10& 551.~
City of Ashland October 21.2010
17 of 100
.
'"i. \
.
2010 Miscellaneous Concrete Prolect
Prolect No. 2008-17
Bid Schedule C -1 It Street and A Street
,
!l:W DESCRIPTION m. UNIT UNIT PRICE AMOUNT
NO. (FIG
! Mobilization ! .!.oS. 1 750.00 1 750.00
z TelIlllOl"llr'i Protection and Direction 1. !.S. 1 ~OZP.IV G' 1. .?~OO
of Traffic
~ Erosion and Sediment Control ! .!.oS. 1 l.t;rJ. (J~ 1 Z5a. t) 0
! Removal of Structures and 1 18 1 tho. ~C) 1 &?~.~/J
Obstrucrinn. .
5 Clearin~ and Grubbin~ ! 18 1 2.., l rr.@(1) 1 Z,zn.oO
~ Earthwork 1 ..!.OS. 1 "L, z'fl. 0 () 1 '2 I Z n. at)
1 Subl!rllde Geotextile ill ~ 1 I~ oS 1. Zzt. <1)0
. IQN .1 14. '-, 1 t,5'f3.50
Jl. %" - 0" Allllrell8te Base . m
2 Level3. Y, inch MHMAr Mixture II IQN 1 lo~.OQ 1 l.ldi.()~
!ll Concrete Curb & Gutter m !.E 1 (q.1.5. 1 7. 372.71)
!l Concrete Sidewalks Wi!I SF 1 .. 3.~5 1 .~{ 3 IlL . O()
"
n Concrete St8ndard Drivewav Amon ~ ~ 1 4.2.< . . 1 I l3 '1.0P
II Concrete CommereioJ Drivewav: ~ ~ .1 4.9'5 1 '3'4lJ.1./ (J
<\I1!'l!!l .
1 l~. Of; 1 ' .
H Extra for AC Aomoache. 1 g6, 7'5~. 00
li Remove & Reinstaii Si... 1 .!.oS. 1 ZF$J.r;O 1 250. 9Q
16 Pennanent SeedinR 1 . .!.oS. 1 1000.00 1 .. I QOO. CJ ()
lit Street and A Street Total 1 '&~. ~2?' . 15
.
. ,
City of Ashland.
/B0I,0II
. October 21, 2010
O.
.
..'
-
...
.
. 2010 Miscellaneous Concrete Proiect
Proiect No. 2008-17
Bid ScheduleD - Plaza Area
!!EM DFSCRIPTION QIX. mm: UNIT~ AMOUNT
NO. IFIGU
1 Mobilization 1 18 i 7710.00 i 7'dJ, (j)t1
z Temoorarv Protection and Direction 1 18 i 1500.00 i (/A 00. CO
of Traffic
1 Erosion and Sediment Control I 18 i 460.00 i t.fr)o.o()
~ Removal of Structures and 1 ~. i '1'i:P ,00 ! '1>5 o. O() .
Obstruction. .
i Clearin. and GrubbiDl' I 18 i /.000.00 ! (j)(j)0- r; tJ
1 i ( (}CPO. ()? ! . (
6 Earthwork ~ . I afJO.O ()
I 2& .riX) ./
1 Channel Drain !D 1E i ! '1/~. (JO
Connect Channel Drain to Existin. . ~.OO 'tfJfl.o 0
.~ Storm Tiro;n Svstem 1 ~ i i
2 Connect Weeohole to Existin. Storm 1 ~ i 2..r;;6).00 i ZIJrJ.O~
Drain SVSIPm
10 Concrete Inlet. Tvne 2.5A 1 ~ ! 769.(lO i 7'30.DCJ
11 Adiustinll'Boxes 1 IlA ! ~'!:iJJU 0 i 3'A.~()
II Minor Adiustment of Manhole 1 ~ ! SOO.OtJ i ~W.()@
11 Sand Base ~ g ! 9fJ,(J 0 1 340.ot;)
H Level 3. Y, inch MHMAC Mixture 2 TON i l7~. @() i /.,27. o~ .
12 Concrete Standard Curb 21 1E i .1C::.QO i . . (1l7fi> -()f) , ,
!D Concrete Curb. Extruded Tl. 1E i 2r~.1C,i i r.~O .99.. i
. . _4#J~ ,: ~ ,417~ 51!
11 Concrete Sidewalks . ~ SF i i
II Concrete Sidewalk Ramos 2 ~ i .1 L L 25./)(} i 211-'50.00
12 Concrete Commercial Drivewav 315 . SF i ..-' S, ~ i I qll.Z5
Anron
.. Plaza Area Total I II. r I' 77l.f. 1ti
City ot Ashland
; October 21,2010 .
"01 100
.
.
2010 MisceUaneous Concrete Proiect
Proiect No. 2008-17
Bid Schedule E - Iowa Street Access Ramo Reolacement
'~"
,"
"
!!:EM DESCRIPTION !lIX. UNIT UNIT PRICE AMOUNT
NO. . (FIGURES)
! Mobilization ! J.S 1 'i:x;.00 1 5t;r;. Ot7
1 Temoorarv Protection and Direction ! LS 1 r ,oor;. 00 1 ( 0(;0. t??'
of Traffic
3 Erosion and Sediment Control I LS 1 2..50. ()O 1 'z.~O.Ot?
~. Removal of Structures and ! J.S 1 400.00 1 . 40(l. (l(l
Obstructions
II COIicrete Sidewalks 100 SF 1 5.25 1 SZ-5.tltl
II Concrete Sidewalk RamDs 13 M 1 ~50.0Q 1 II, OljO .017
Iowa Street Access Ramo Reolacement Total I /~. '+25 OQ
. , ,
Note: This bid schedule does not have any plans to suppleinent it n.e contractor will be replacing 13 sidewalk
;:;;;;;p. along Iowa Street between N. Mountain A venue and Wightman Street
.
.
.
City ot As/Jland
October 2'.2010
(;It.
.
20011l1li
ta"
W
.
-
.
, "
Bid Schedule A. 3n1 Street Total I I) L 7Cj(4. 75
, Bid Schedule B . Orel!on Street. Frances Lane and Walker Avenue Total I 0& -Ss I ,.z~
Bid Schedule C . 1st Street and A Street Total I 23. 15
Bid Schedule 0 - Plaza Area Total I 77,/,75'
Bid Schedule E - Iowa Street Access Ramo Reolacement Total I 3 72/3. tJ (J
OVERALL BID TOTAL I i
:U~. Lf{p(). q,
I
-'
. CIty 01 Ashland
October 21,2010
2101100'
.
0~)
City of Ashland
FIRST. TIER SUBCONTRACTOR DISCLOSURE FORM
<As Required by ORS 279C.J70 and OAR 137-049-360)
2010 MisceUaneous Concrete Project
PROJECf 2008-17.
Bid Closinll Date:
i
NAME OF SUBCONTRACTOR
I.
11o:...fI'-\A;." r.flOJ ~~j
2.
3
4
/fl4:J r~8
5
6
7
8
9
10
. Attach additional pag.. if needed..
, i
CATEGORY OF WORK
II DOLLAR VALUE 'I
-:-lu.,~
~':fiIJ7
-1:klA"~ ~L-
122. (J(;V,1/(7 ~.
Z.5 I ~(7.O(J.
,
1$ "3, ~~. ~o
. .
if / QtPI9IJ. 00
,
.
\fill
.
CIty of Ashland
:{~
22<<'110
October 21, 2010
.
PERFORMANCE BOND
The undersigned . as
orincioal. further referred to in this bond as Contractor. and
. as suretv. further referred to in this bond as Suretv. are iointlv and severallv bouod unto
Citv of Ashland. as obligee. further referred to in this bond as Citv. in the sum of
Dollars ($
).
Contractor and City have entered into a written contract dated
. for the following oroiect: 2010 Miscellaneous Concrete Proiect. This contract is
further referred to in this bond as the Contract and is incoroorated into this bond bv this reference.
The conditions of this bond are:
I. If Contractor faithfullv oerforms the Contract in accordance with the olans. soecificatioos and
conditions of the contract within the time prescribed bv the Contract. as reouired bv ORS 279C. 380
through 279C.385. then this obligation is null and void: otherwise it shall remain in full force and
effect.
2. If Contractor is declared bv Citv to be in default under the Contract. the Suretv shall oromotlv
remedv the default. oerform all of Contractor's obligations under the contract in accordance with its
terms and conditions and oav to Citv all damages that are due under the Contract.
3. This bond is subiect to claims under ORS 279C.380 through 279C.390.
4. This obligation iointlv and severallv binds Contractor and Suretv and their resoective heirs.
executors. administrators. successors.
5. Suretv waives notice of modification of the Contract or extension of the Contract time.
6. Nonoavment of the bond premium shall not invalidate this bond.
7. The bond number and the name. address. and teleohone number of the agent authorized to receive
notices concerning this bond are as follows.
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this
day of
2010.
City of Ashland
December 21,2010
52 of 100
WITNESS:
(Corporate Seal)
WITNESS:
(Corporate Seal)
CONTRACTOR:
By:
Title:
Legal Address:
Attest:
SURETY:
By:
Title:
Legal Address:
Attest:
.
PERFORMANCE BOND Pa.e 2
Corporate Secretary
Corporate Secretary
City of Ashland
December 21, 2010
530' 100
.
PA YMENT BOND
The undersiened . as
orincioal. further referred to in this bond as Contractor. and
. as suretv. further referred to in this bond as Suretv. are iointlv and severallv bound unto
Citv of Ashland. as obligee. further referred to in this bond as Citv. in the sum of
Dollars ($
).
Contractor and City have entered into a written contract dated
. for the following oroiect: 2010 Miscellaneous Concrete Proiect. This contract is further
referred to in this bond as the Contract and is incoroorated into this bond bv this reference.
The conditions of this bond are:
I. If Contractor faithfullv oerforms the Contract within the time orescribed bv the Contract. and oromotlv
makes oavment to all claimants. as defined in ORS 279C.600 through 279C.620. then this obligation is
null and void: otherwise it shall remain in full force and effect.
2. If Contractor is declared bv Citv to be in default under the Contract. the Suretv shall oromotlv remedv
the default. oerform all of Contractor's oblie:ations under the contract in accordance with its terms and
conditions and oav to Citv all damages that are due under the Contract.
3. This bond is subiect to claims under ORS 279C.600 through 279C.620.
4. This obligation iointlv and severallv binds Contractor and Surety and their resoective heirs. executors.
administrators. successors.
S. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonoavment of the bond oremium shall not invalidate this bond.
7. The bond number and the name. address. and teleohone number of the agent authorized to receive
notices concernine: this bond are as follows:
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this
day of
2010.
Cily of Ashlslld
December 21: 2010
54 of 100
WITNESS:
(Corporate Seal)
WITNESS:
(Corporate Seal)
CONTRACTOR:
By:
Title:
Legal Address:
Attest:
SURETY:
By:
Title:
Legal Address:
Attest:
.
PAYMENT BOND Pa.e 2
Corporate Secretary
Corporate Secretary
City of Ashland
55 of 100
December 21, 2010
.
, ,
.
CONTRACT FEE SECTION
PREVAILING WAGE RATE UNIT
BUREAU OF LABOR AND INDUSTRIES
800 N.E. OREGON ST., #1045
PORTLAND, OR 97232-2180
PHONE: (971) 673-0852
FAX: (971) 673-0769
For Office Use Only:
Project DB #:
PUBLIC WORKS FEE INFORMATION FORM
For use by public agencies that have contracted with a contractor on a public works project regulated by
ORS 279C.800 to 279C.870, in compliance with ORS 279C.825. Also for use by public agencies that are a
party to a public works project pursuant to ORS 279C.800(6)(a)(B) or (C).
PUBLIC AGENCIES: Please complete and mail this form to BOLl at the above address, along with the public
works fee of one-tenth of one percent of the contract price (contract amount x .00 I), payable to BOLl. The
minimum fee is $250.00; the maximum fee is $7,500.00. Without the following completed information, the
bureau may be unable to properly credit you for payment received.
PUBLIC AGENCY:
Citv of Ashland. Orel!on
AGENCY #: 494
AGENCY MAILING ADDRESS:
CITY, STATE, ZIP:
20 E. Main Street
Ashland. OR 97520
AGENCY CONTACT PERSON:
Karl.lohnson
PHONE: (541) 488-5347
PHONE: (541) 488-5347
PROJECT MANAGER NAME:
PROJECT NAME:
Karl.lohnson
2010 Miscellaneous Concrete Proiect
CONTRACT NAME (if part of larger project):
PROJECT LOCATION:
PROJECT NO:
Various locations. Ashland OR
2008-17
DATE CONTRACT FIRST ADVERTISED: 10/22/2010
12/0712010
CONTRACTOR CCB#: #181086
DATE CONTRACT AWARDED:
CONTRACTOR BUSINESS NAME (DBA): Prol!ressive Builders. Inc.
CONTRACTOR ADDRESS: 113 B 1st Street
CITY, STATE ZIP Phoenix. OR 97535
CONTRACT AMOUNT: $228.461.51 FEE AMOUNT DUElPAID: $250.00
If less than $50K, is it part of a larger project? Dyes Dno Contract amount x .001 = fee due
WH-39 (Rev. 03/09)
(Please duplicate this form for future use.)
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BUREAU OF LABOR AND INDUSTRIES
NOTICE OF PUBLIC WORKS
(For use by public agencies in complying with ORS 279C.835
for public works awarded after January 1, 200S)
NOTE: ORS 279C.S35 requires that puhlic contracting agencies include with this form a copy of the disclosure of first-tier
subcontractors submitted pursuant to ORS 279C.370.
PUBLIC AGENCY INFORMATION
Agency Name: Agency Number (if known):
Address: Agency Division:
City, State. Zip:
Agency Representative: Phone:
SECTION A: To be completed when a public agency awards a contract to a contractor for a public works project, including
CMiGC projects. (See reverse for public works projects in which no public agency awards a contract to a
contractor.)
CONTRACT INFORMATION:
Project Name: Project Number:
Contract Name (if part oflarger project): Contract Number:
Project Manager Name: Phone #: Fax #:
Project Location (Street(s), City): Project County:
Contract Amount: $ If under $50,000, is this contract part ofa larger project? YES NO
If yes. total project amount: $
Will project use federal funds that require compliance with the Davis-Bacon Act? YES NO
Date Contract Specifications First Advertised for Bid (if not advertised, date ofRFP or first contact with contractor):
IfCMlGC Contract, Date Contract Became a Public Works Contract (see OAR 839-025-0020(6)):
Date Contract Awarded: Date Work Expected to Begin:
Date Work Expected to be Complete:
PRIME CONTRACTOR INFORMATION:
Name:
Address:
City, State Zip: Phone:
Construction Contractors Board Registration Number:
Name of Bonding Company:
Address:
Agent Name and Phone Number:
Bond Number:
D Copy of first-tier subcontractors attached (see NOTE above),
THIS FORM WILL BE RETURNED TO THE PUBLIC AGENCY FOR CORRECTION AND RESUBMITT AL IF INCOMPLETE.
WH-81 (Rev 03-08)
.
Notice of Public Works - Page 2
SECTION B: To be completed wben a project is a public works pursuant to ORS 279C.800(6)(a)(B) (a project for tbe
construction, reconstruction, major renovation or painting of a privately owned road, highway, building,
structure or improvement of any type tbat uses funds of a private entity and $750,000 or more of funds of a
public agency) and no public agency awards a contract to a contractor.
CONTRACT INFORMATION:
Name of Project Owner: Pbone #: Fax#:
Project Name: Project Number:
Project Location (Street(s), City): Project County:
Total Project Amount: $ Amount of Public Funds Provided for the project: $
Name(s) of Public Agency(ies) Providing Public Funds:
Date the public agency or agencies commit to the provision of funds for the project:
Will project use federal funds that require compliance with the Davis-Bacon Act? YES NO
Date Work Expected to Begin:
Date Work Expected to be Complete:
SECTION C: To be completed wben a project is a public works pursuant to ORS 279C.800(6)(a)(C) (a project for tbe
construction of a privately owned road, highway, building, structure or improvement of any type that uses
funds of a private entity and in wbich 25 percent or more of tbe square footage of tbe completed project will be
occupied or used by a public agency) and no public agency awards a contract to a contractor.
CONTRACT INFORMATION:
Name of Project Owner:.
Project Name:
Project Location (Street(s), City):
Total Project Amount: $
Name(s) of Public Agency(ies) Providing Public Funds:
Total square footage of privately owned road, highway, building, structure or improvement:
Phone #:
Fax#:
Project Number:
Project County:
Amount of Public Funds Provided for the project: $
Percent of total square footage of the completed project that will be occupied or used by a public agency:
Date the public agency or agencies entered into an agreement to occupy or use the completed project:
Will project use federal funds that require compliance with the Davis-Bacon Act?
Date Work Expected to Begin:
Date Work Expected to be Complete:
YES
NO
THIS FORM WILL BE RETURNED TO THE PUBLIC AGENCY FOR CORRECTION AND RESUBMITT AL IF INCOMPLETE.
Signature of agency representative completing form:
Printed Name:
Phone #:
Date:
RETURN THIS COMPLETED FORM TO:
Prevailing Wage Rate Unit. Bureau of Labor and Industries. 800 NE Oregon Street, #1045 . Portland, OR 97232-2180
Telephone (971) 673-0852. FAX (971) 673-0769
WH-81 (Rev 03-08)
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STATE OF OREGON
STATUTORY PUBLIC WORKS BOND
Surety bond #:
CCB # (if applicable):
We, . as principal, and
. a corporation qualified and authorized to do
business in the State of Oregon, as surety, are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon
Bureau of Labor and Industries (BOLl) in the sum of thirty thousand dollars ($30,000) lawful money of the United States of America
to be paid as provided in ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, for which payment well and truly to be
made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by this agreement
WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the provisions of ORS
chapter 279C, as ~endedby Oregon Laws 2005, chapter 360, and is, therefore, reqUired to obtain and file a statutory public works
bond in the penal sum of $30,000 with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360,
Oregon Laws 2005, conditioned as herein set forth.
NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the
principal as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLl against the principal to
workers performing labor upon public works projects for unpaid wages determined to be due, in accordance with ORS chapter 279C,
as amended by Oregon Laws 2005, chapter 360, and OAR Chapter 839, then this obligation shall be void; otherwise to remain in full
force and effect
This bond isfor the exclusive purpose of payment of wage claims ordered by BOLl to workers performing labor upon publie works
projects in accordance with ORS chapter 279C, as amended by Oregon Laws 200S, chapter 360.
This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise
hereunder shall in no event exceed the amount of the penalty of this bond.
This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect
until depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety sooner
cancels' the bond. This bend may be cancelled by the surety and the surety be relieved of further liability for work performed on
contracts entered after cancellation by giving 30 days' written notice to the principal, the Construction Contractors Board, and BOLL
Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLl relating to work performed
during the work period ofa contract entered into before cancellation of this bend.
IN WITNESS WHEREOF, the principal and surety execute this agreement The surety fully authorizes its representatives in the State
of Oregon to .enter into this obligation.
SIGNED; SEALED AND DATED this
day of
20
Surety by:
Principal by:
(Seal)
Name
Company Name
Signature
Signature
Title (e.g. Attorney-in-Fact)
Title
~ BOND TO: Coiisini~on COlitrictoi's BOard .
".POBox 1'4140""::.)-':"
S~lemiOR,97~O~5052::. ....
T.Ieplioii~: '. (~ii3) 378'4611
Address
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PERFORMANCE BOND
Th.lllldersi.neq Progressive Builders Inc . as
~inclcal. further referred 10 in this ilPnd as Contractor and Western Surely Company
qs surety further refemd to in this bond as Surety. are iointlv ~d ~vfre!IY bo~di\r1O
CifY ~f Ashland. as Oblir.:; f~ reCem:d :f iJl 't'c\s bonflas Citv. in the sum of Two Hun re wenly Ig
Thousand Four Hun red IXly Two an 001 00 do lars
DqUars ($ 228,462.00 ).
Contractor "PI'- City have entered into a written contract dated December 8, 2010
. for th~ followin. oroiect: 2010 MIs..,lIaneou.. f'-onc:rete Pmlect. This contract is
further ref~ 10 in this bond ~ lbe Contract and. is inct'f"""'te<llnto this bolld bv this reference.
1)18 pondipnm 9f thi~ bnn~ are'
1. If Contractor fatthfullv netfouns the COntract in accordance with the D.am. snecificMinn~ and
conditions of the contract within the time Drescribed bv the Contract.. 88 reouired bv ORS 279C. ~RO
throuflh 279C.3~. then this obthlation is null and void: otherwise it shall remain in fun force and
!llfW.
2. If G9ntractor is declared hv city tn he in default under the. Contract.. 1he Surety shall nromndv
remedv the <I.fault. nerform all of Contractor's obll.ations under the contract in accordance with ito
terms and conditiomi and cav to Citv all dama:lle8 that are due under the Contract..
3. This bond is sublect to elaims UlId.r ORS 279C.380 throul!b 279C.390.
4. This obli2&tion jointly and 3everallv binds Contractor and Surety and their fCSDCCtive heirs.
executors. administrators. SUC~~
5. Surety waives notice of modificadon of the Contract or extension of the Contract ti me.
6. Na:noavmf:.lrt of the bond nremium shall not invalidate this bond
7. The bolld number ~d the name. a4dresA.. a.nd telenhone number of the ~nt authorized. to receive
notices cqncerninQ' thi~ hrmd are as follows.
BOnd Number. 71042528
Bond Agent; Pam Dressler I Bancorp Insurance
Address: PO Box 327
La Pine, OR 97739
Telephone;
541-536-1726
SIGNED this
23rd
day of
December
2010.
City qf !4hJ.nd
Rill/DO
Decem~~.2(ffO
.
WITNESS:
(Corpor&re Seal)
PERFORMANn; AONO page 2
CONIRAc:roR: Progressive B~"lders Inc
By: ~(/f
Title: ~~ -I
Legal Address: 113 W 1 st Street, # B
Phoenix, OR 97535
Attest:
COrpcllltc Secretary
SURElY: Western Surety Company
By: Pamela Jean Dressler
TIde: Power of Attorney I Agent
Legal Address: PO Box 327
La Pine, OR 97739
Attest:c?~..I'L.-~~ ~~
orporate Secretary
City of Ash/.nd
_""'21,"lD
6301100
.
. .
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
71042528
Know All Men B~ Thc~c Presents, that WESTERN SURETY COMPANY, n corporation duly organized and exi~ting lUldcr the law~
of the State of South Dakota, and having its princip31 office in SiOlLl( Falls, South Dakota (the "Comp:w..y"), does by these presents make,
conlltituteMldll.ppoint Pam81 a Jean Cress. er
its true and lawful attorney(s)-in.fact, ....ith full power and authority hereby conferred, to execute, acknowledge and deliver for and on iu
behalf as Surety, boneh for:
Principal: Progressive Builders, I:1c.
Obligee:
City of Ashland
Arrnnnt-
8500,000.00
and to bind the Company thereby as fully and 10 the 3ame extent as if such bonds were signed by the Semor Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirminz all that the said attorney(s)-m-fact
may do within the abc.ve !Itated limitatiom. Said appcin:tmmt is made under aJJ.d by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Sect.ion T. All bonds. policies, undertakings, Powers of Attorney or otber obligations of tlu:: corporation shall be c:Kccuted in the
corporate name oftha Company by the President, Secretary, any Assistant Secretary, Tre.:J.SUTer, or any Vice President or by such other
offictll"l1 as the Board of Director~ may authori2e. The Prlill:ident, any Vice Prelrident, Secretary, any AIllOilObwt Secretary, or the Tre;u;urer
may appoint. Attorneys in Fact or ae;ents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is Dot nec€!s~ary for the \'alidity of any bonds, policies, undertakings, Powers of Attorney or other obligation<; of the
['!orpor.llf.ion. Thf1 !'iign.llt.l1rf1oflmy !'lIch nffir!f1r nnrl t.hrl mrpol'nf.~ !;~f11 mny hf! pTint.f!i1 hy far.similf!."
All authority hereby conferred shall expire and terminate, without notice, unless used before midni~ht of
? 0 1 1 , but unti.llOUCh time Iihall be i.rrevocable and in full force and effect.
Auaust 31
In Witnes3 Whereof, Western Surety Company has caused these presents to be ~igned by its Senior Vice President, Paul T. Bruflat:
andit:!lcom~tJm1:tobeaBixedthil:l 23rd day of December 2010
~'\\'\,\I'\E n.. ''-.,.
,#~ "5i......."....,.<'0,.." SUR E COM PAN Y
f.$,.....~'M"1..\~\
Eti!~() ~l';~
;!w: ;z::: PaulT.Brufla nior Vice Pre::ident
';.'7-\ A~ . /~o(:
~""'.." f: A".' *S-
ST~Q;z!\QJ.ii:M.~~'h }
co~h74~ "
On this 23rd day of :Jecerrber ,in the year 2010 , ~fu!"tllUe, II !whu'y puLlil.:,venlOually apveareu
Paul T. Bruilat, who being to me duly sworn, admowledged tbat he signed the above Power of Attorney as thE' 3foresaid officer of
Vv"ESTER."\J SURETY COMPANY :md acknowledged said instrument. to be the voluntary act. :md deed of said eorpor.:l.tion.
+-......----. ~
~ D. KRELL ~ ~ IlJ
J~NarARYPUBLlC~~ .
,~9OUTH DAKOI'A~ otary Pubhc. South Dakota
.. .
+......................-.....................
My Commission Expires Novermer 30.2012
I the underfigned officer of West.crn Surety Company, u st.ook corporation of the Stute of South Dokota, do hereby certify thut the
attached Power of Attornej' i~ in full force and effect and is irrevocable, and furthermore, that Section 7 of the byla\'7S of the Company a!
~f't. forth in f.hf! PnWRrof At.t.nmp.y i~ now-in forcp..
In tC9timon;r whereof, I have hereunto ::let my hand and ::leal. ofWc::Itern Surety Company thil5
Decem~er 2010
23rd
day of
COMPANY
FaulT,Bruna
nior Vice President
Form F5306-9-2006
,
.
. . .
. ..,
ACKNOWLEDGMENT OF SURETY
STATE OF Oregon } (At.t.orney-In-Fact.)
COUNTY OF Deschutes !'l.<l
On this 2-a,1Il.2 day of ~.ISe~ 2,.e}1b> ,beforeme,anotarypublicin
and for said County, personally appeared f'.=lm~ 1 a .TPn n Ol"P.:-I:"! 1 p.r
to me per90nally known and being by me duly sworn, did say, that he ie the Attorney-in-Fact of WESTERN SURETY COMPANY,
aocorporation of Sioux Falls, South Dakota, created, orgnniuJd and existing under and hy virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation b)' authority of ita Board of Director's and that
t.he said Pamela ,Jean Dres.sl~r
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument.
without affixing the corporate seal of 3aid corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
La Pine Oreqon, the day and year last above written.
MYcorruru3Sione~~,/COi( ~ _____
Bond No.
71042S28
Notary Public
Form 108.4-2000
. OFFICIAL SEAL
REX R LESUEUR
" j NOTARY PUBUC . OREGON
. COMMISSION NO. 450200
MY COMMISSION EXPIRES AUGUST 26, 2014
, .
..,
.;
,
PAYMENT BOND
'\)I~ 'lI'd-WWq!l Progressive Builders Inc as
ori~I1lJll. ~ re~ t9 In this bqnd as Contractor. and Western Surety Company
IU~ suretv further referred to in thi!l bond ~ Suretv. are iointlv and severally bound unto
a .. C't' u Two Hundred Twen Eight
Thousand our Hundred Ixty wo an 0 ars
Dollars (J 228,462.00 l.
Contractor and City have emered Into a written contract dated December 8, 2010
. for the following oroiect: 2010 Miscellaneous Concrete Prqtect. This contrAct is further
referred to in this. bortd ag the Contract and ill> incoroorated into thi.!I> hond bv this reference.
The conditions of this bond are:
1. If Contractor faithfullv oerfonns the Contract within the ti"'l!. nre..qerlhed bv the Contract. and nromotlv
ma1a:s oavmentto all ~Jalmants. as defined In ORS 279C.600 throullh 279C.620. then this obligation is
null and void: otherwise it shall remain in full force and effect
2. If ConirBSfor is dect~ bv S:itv to be In default under the Contract. the Surety shall momntlv Mmed.V
tbe default. nerlonn all of Contractor's obli1llllions under the contract In accordance with its terms and
conditions and Day to City all dan:1a2es that am due under the Contract
3. This bond is subiectto claims under ORS 279C 600 throullh 279C 620
4. This obli.ation iointlv and severaUv binds Contractor and Surety and their resnective heirs. executors.
administrators. succeS!U')1'S
s. Surety waive5 notice of modification of the Contract or extension of the Contract time.
6. NonDavment of the bond oremlum .ballnot invalidate this bond
7. The bond number and the name. address. and teleohone number of the 82'ent authorized. to receive
notices concem.inll this Mnd an: aoll. follows:
Bond Number:
71042528
Bond Agent:
Pam Dressler I Bancorp Insurance
Address;
PO Box 327
La Pine, OR 97739
Telephone:
541-536-1726
SIGNED this
23rd
day of
December
2010.
CIt10fA~
54 0/ 100
. DBDem~ 11, 1(110
.
, .
~. ,
WITNESS:
(Corporate Seal)
WITNESS:
CONTRACTOR:
Legal Address:
Attes~
PAYMENT BOND P:ure Z
By:
Tide:
pro~ressiveBuilders Inc
0-
re ~;- d-. -t
113 W 1st Street, # B
Phoenix, OR 97535
COl]lOlllle Secretary
SURETY: Western Surety Company
By: Pamela Jean Dressler
Title: Power of Attorney I Agent
Legal Address: PO Box 327
La Pine, OR 97739
Attest:CJ~~~~
City of ~hI.rtd
. D<<;embtH 21, 2f110
SSgf1tJt1
,
.
,-; ~.
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
71042528
Know All Men By The;;e Presents, that WESTERN SURETY COMPANY, n corporation duly organized and existing l.mder the laws:
of the State of South D3.k.ota, and Mving its princip3.1 office in Siou.'C Falls, South Dakota (the "Company"), does by theSE> prese-nta make.
c()n~tituteo!lIldllppoint Pamela Jean Cress' er
itli true and lawful attorney(s)-in~fact. Yrith full power and authorit)" hereby conferred, to execute, acknowledge and deliver for and on it;;
behalf as Surety, bondi for:
Principw: progxessive Builders, I~c.
Obligee:
City of Ashland
A.m1unt:
$500,000.00
and to bind the Company thereby 8.! fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested h)' its Secretan'o hereby ratifying and confirming all that the said attorney(s)-in.:fact
may do within the abc_va !;tated limitatiom. Said appointllli'nt is. made under and by authority of the foll~wing 'bylawofWeshrn Surety
Company wbich remains in full force and effect.
"Section 7. All bonds, policics, undertakings, Powers of Attorncy or othcr ohligatiuns uf thc_corporatluD shull bc oxccutcd in thc
corpor11te n.:une of the Company b)' the President, Secret.'u'y, any Assistant Secret.'u'y, Tre:asurer, or any Vice President or by such other
offic_ei-s; as the Board of DirectorlO may authorize. The Pre~ident, any Vice PrelOident, Secretary, any AlOsj:;;tant Secretary, or the Tre~ureJ:
may appc;int Attorneys; in Fact or <lienbl who shall have authority to issue bonds, policiel>, or W1dcrtaking-s in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligationo; of the
cC1rporl'lt.ion_ TIlfl !';ignllt.llrfl ofl'lny SllCh offiCflr ;mrl t.hp. NlrpOTRt.1l sp.Rl mRY hfl print.P.rl by ffJC$imilfl."
All authority hereb:y conferred shall expire and terminate, without notice, unless used before midnight of
? 0 1 1 , but until l>uch time !;;haIl be i.rrevocable and ill full force and effect.
Auqust 31
In Witness Whereof, Western Surety Company has caU3ed these presents to be ~igned by its Senior Vice President, Paul T. Bruflat,
anditgeorn.Wilthl~tobeaffixedthis 23rd day of December 2010
.:~~"-~"~.~.!~~".t>~
~~......... ", "0'";.
S~ ... O~..... ,,\,
Sjli/"'~ ...:..:!::...."
~";': ^,... ,.;, -:.--v_
;:;fIl;~- <":~;;
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_......... . l~''::
S~\ ~tr /1."/*'!
STV~go!.l'l'l>t~~h
" ~. ~~~~~~
CO~41E . '"
-~n"
On this. 23.rd day of :)F.-cerrber , ill Lhll ytl<U" 2010 ,~rUr~JIl~,alllJtlil'yvuLlil:,ver:;uuallyapv'C'ar~d
Paul T. Bruflat, who bring to me duly 9worn, acknowledged that he signed the aboye Power of Attorney as the aforesaid officer of
v..-ESTERN SURETY COMPANY and acknowledged said instrument to be the vulunt.ary act and deed of said corporation.
..........-.-.................... ~
1 O.K~LL' i ~4J
NOI"ARY PUBLIC
~SOUTH DAKO'r.\~ otary Public. South Dakota
, I
+.......................--..................
My Commission Expires Novel'Tber 30, 2012
SURE
COMPANY
Paul T. Brufia
- Dr Vice President
}"
r the Wldcr~igncd officer of Wcstern Surcty Company, n stock corporation of the Statc of South Dakota, do hercby ccrtify "hat the
attached Power of Attorney i~ in full force and effect and is ilTevocable, and furthermore, that Secti.on 7 of the hylaws of the Company a!
!;~t. fnrth in thf' POWP.r of Att.omp.y i~ now in forr.fl.
In testimony whereof, [ha.ve here\U1to :!let my hand and !Iem of We !It ern Surety Company thi9
Decem:~er 2010
23rd
da.)' of
COMPANY
moc Vice Pcesident
Form F5306-9-2006
.
-.
STATE OF
COUNTY OF
Oregon
Deschutes
ACKNOWLEDGMENT OF SURETY
} (Atturn~y-ln-FacL)
"
Eond No.
71042S28
On chis 2~!!t- day of be..A tOm.Re.e... ,2LJfD ,beforeme,anotarypublicin
and for 6aid County, per::lonally appeared f'ame 1 A ,TRA n Drp. "l:'! 1 Ar
to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a,corporation of Sioux Ji'all~, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said Pamela ,Jean Dressler
acknowledges said illl;trument to be the free act and deed of said corporation and that. he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and afftxed my official seal at
La Pine Or?qon, the day and year last above writ.ten.
~ c:::
My corruni:3sion c:!!'f2-6
Zo~v
Notary Public
Form 1064-2000
. OFFtCIALSEAL
REX R LESUEUR
" NOTARY PUBUC - OREGON
COMMISSION NO. 450200
MY COMMISSION EXPIRES AUGUST 26, 2014
, ",~ qU\ 4'6'f' UoQ(p OP 10: IN
Ae-RO" CERTIFICATE OF LIABILITY INSURANCE ""~~I
TIIS CERTIFICATE IS ISSUED /IS A MAmR OF INFORMAlION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CEI{l1FICATE DOES NOT AFFlRMAlIVELY OR NEGAlIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCES
BELCNY. THIS CElmFlCATE OF INSURANCE DOES NOT CONSlIlUTE A CONTRACT BETWEEN THE ISSLlNG IN8URER(S~ AUTHORIZED
REPRESENTATIVE DR PRODUCER, AND THE CEI{l1F1CATE HOLDER.
IMPOIUANT: If tho .oniflC",. hDId.r i. on .-DllIlIONAl. INSURED, the polioy(loe) m.... be ondDl'SOCl. W SUBROGATION IS WAIVED, aubjea to
the terms and comitiona of the policy, certain policiBS may require an endorsement A statement on thi. certificate does not confer rights to tho
certificate holder in lieu of euch endOl1!i8lt1ent 8
I'ROOUCER 503-655.6344
Clackamas Insurance Agency 503-S55,2035
PO Box 309 .15681 SE 82nd Dr
Clackamas. OR 97015
.......,
Progressive Builders, Inc.
1600 Sky Park Dr S1e 106
Medford, OR 97504
...
Insurance
NAIC.
19410
NSURIiIitc:
t<<lUaiR 0 :
INSURER.! :
~k':
COVERAGES CERTIFICATE NUMBER: REVlSIONJt!.lMBER:
nus IS TO CERTifY THAT THE POlICIES OF INSU~CE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING f>HY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM!NT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCWSIONS AND CONDITIONS OF SUCH ~ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~I TYJ"f OF INSURANCE POlICY~E1ER. UIW eFF I,~ LIlI1l1
GENERAt.I.~1Y EACH OCCURRENce I
f- ~ _
L-- 3MERCIALCliJ\iCRALI..I.'BII..Ii'V EMlEiESCE80 ~~~en",\ I
f-- CLAIM~E 0 OCCUR MED EXP (Anyon. penon) I
PaRSONAL, $. NJV NJJRY .
GENEIV.L.AGGREGATE .
n'~ AGG~EnE LlMrT .AP~Yst PER: . P1200UCTS - COMPIOP AGe "
POI..ICY ~~g: LOC I
AurotCOBILE UUlUl'Y COlv1B1NEO 5W11GlE It.lIT I
f- (Eaacci~entl
f- ANY AUTO BOOIL Y IN-URY(PcrpeAon) .
f- AU.OWNED-WTOS BODilY IN..lJRY (Pti lCC;derlt) $
f- SCHEDULED AUTOS PROPf!~TYONMGE
I
f- HRED,IllJTOS (~r'OClc>>nt)
NON..o'NNEO~TOS .
-
.
UML\NiLLA LIAS H ~COJR EACH OcaJRReNCE I
-
EXCSSO UAB "--S-MAOE AGGREGATE I
- DrmuCT ISLE .
RETeNTIOr>t . .
'MlRI<ER8 eoM~llc:.,l X I T~$r~#s I I OJ?'!-
AN) EMPLCIYifW' IJABLITY VIN
A ANY PROPRIETORIPAR1N~Cl/TJVE D WC5S430CO 11/14/10 11/14/1t !;:.L. IiAOi ACCIDENT I 500,001
OFFI~M5ER SfCI..UOED? N/A
(Mand.aryfnNH) E.L.~-eAEMR.OYEE;' 500.00(
&r~~'f?o~ O~~PERATIONS Mlaw E.L. OISE.ASE- POllC't' LIMiT I, 5OO,OOl
DESCAJP'TlCNOf Of'ERAllONS ILCCA110NPJ/YEHClES ~ACOAO 101, AiICI1IOftII Ftlmartls SdI"".. "more .K11I5~~
~ per Dperallons of lhe Insured.
CERTIFICATE HOLDER
CANCELLATION
CITYOO2
SIlllUI.D AN( OF THE ABOVE DESCRIBED POlICIES BE CANCEllED BEFORE
nE EXPlRA1tON DAtE lHEREOF, NOTICE WILL BI! DElNER.ED IN
City of Ashland ACCOIlDANCE WIJH 1IlE POUCY PROVISIONS.
Departmant of Public WorkS AUTHOR.lZiDREPRU9fTAllYE
211 E Main ~~~
AShland, OR 975211
ACORD 25 (2OOtm)
., 1886-2009 ACORD CORPORATION. All rights reserve<1
Tile ACORD name and logo are registered martea of ACORD
12/29/2010 WHO 14,06
....., -
~ ....
'~
ACORD"
~ 12/28/2010
TIllS CERTIFICATE ISl8Sum JIll A MATTl!Il OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THe CI!RTIFICATE HOLDER. THIS
OERTIFlCATE DOES NOT AFI'IRMATlVELY OR N!:GATIIIl!l.Y AMtND. I!XTI!HD OR ALTeR THe CQVI!RAOI! AFFORDED BY THE POUCIE5
8eLOW; THI8 CERTlRCA TE OF INSURANCe DOES NOT COII81mII"Iii A CON'TRACT BETWEeN THE ISSUING INSuRER(S), AUTHORIZED
__J:HTATIVE OR PROlIUCER, ANO THE CERTIFICATE HOLDER.
IMPORTANT: II th. .__ holde, Is ... ADDmONAL INSlIRJ:I), ..... poIlcy(....) mUOlt bo ondaroed, It SU"I'lOGATlON IS WAIVED. sub""" to
!he""'" .",,_..-_ "'tho policy. 08rcatn po_ may ,,;quire an ..._nt. A .........Olon ...'" _ _ IlOl_ rights '" tI1e
oonilic8loholdorlnUou"'.uch__Uo .
-
Li~'tl. Ri"..., In......tmer.tB
_earp :1:""="",
P.O. Box 327, 51477 Rwy 97
La Pine OR 97739
-
P~.S41S361568 Banc~~p !~s~~~nee
-~:
CERTIFICATE OF LIABILITY INSURANCE
P-. 1)~.lIiJIler
(S&11536-1726
p..eb.a..~:I.n~c;re. Gall.
00108&1
~0~11.0.03
DA1E(lMDDIYYYYJ
Mo: C$41) U&-'1I"
TIllS fS TO CERIlFY THAT TIlE POLI01!:S OF INSURANCE USTElJ saow HAVE IlEEN ISSUE:D TO THe INSURED NAMED ABOVE FOR TIlE POliCY PERIOD
INDICATe!>, NOl1MTHSTANOING N<V REQUIREMENT, 1ERM OR CONOmON OF AN'( CONTRAcT OR OTIlER OOCUUENT 1M1'H RESPEC'1" TO lM-liCH THIS
CERTIFICATE rMY Be ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEC BY TIlE: POUOISS DESCRISm HEREIN 15 5lJ11JECT 10 All TIlE TERMS,
EXClU5ION5AND CONOITIONS OF SUCH ~. UMITS SHll\'\N IMYHAVE IlEEN ~~r--
I,=, l'YPEQFNSURAJlCE ~ PClUC!'tMAlIIIIR ~~ UIU11I
~~~ ~- .
1t COMMERWoL __ UABIUTY ..
A _ :J-<:t.... 'II\DE [i] OCCUR X 6-1.....,.6 12/1!/2010 U/U/2011 ...._"""..._ .
PERSONA'-" MIl IN~ $
GENERAL AGGREGA.T! . .
PftODUCl'S . OONP1OP AGG ,
.
.
Ph<>e1ti.x
COVER.AGES
AFFORDING COVERAGE
lPURER A"'Vi wrs Znsuranoe
.,:l'..-avGlers Casua1t 'Sw:8
rN8llREA.c:
I 0:
lN8URERE:
OR 97535 _.,
CmmFlCATE NUM6ERlcr.10122S10593
P:ro<p".....iV8 Builders IIlO, DBA: DiaOM
113 "D" W 181; SI:reet.
RIiVRlIOH NUMBER'
-ii~;nL=
~UAIII.J1'Y
--""'"
8 _ AU. QWNfD AIJt1)$
~ SCMEOUlIllAJJl'O$
~HlREbJWl'Q.$
..! NON-..eo AUTOS
jaluUU61A
12/lf/2010 2/1</2011
OOUBINiD SIHGI.E LIMIT
lP_
BODLY K1UR'f(P.ttplltOn) $
BODILY ItJUAY{NtilrCCldll'llJ ,
I'R<II'ERlY_
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---
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DfiiSCRIII'I1OIOF OPERAnDNIl LOCA.'TIONS JY8GClES CAbm.ACQAD 11M. ~ "--"- a.t.d.-. It """....1iI ~
Cilim''tUioate bo.1.de:r is li....ted as aft Ad41:UODal %lunmlild per ut.ar-Z8D.3 (5/:2006) a'ttache4.
CERTIFICATE HOL.DER
CANCELLA........
c;.i. tor o~ MbJ.GAd
20 J: Mll.i.Il
AshlaM, OR 97520
-..o4JLD Atrt OF TlfE ABOVE DE8CRlBED POUClBS R CAllCELLED DEPOkIi
lHI! _nON DA~ TIleREOF. NOTICe WILL Be DE1.lVEREO Dl
AecoR~ WITH TME'POUCY PROVISIONS.
Ar.n'ttONIZD RlPtd!HNTA'T'IVE
:bJI. .oz..81e~/PD
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C 1888-2009 ACORD CORPORATION. All rlgllS ,....ry...,
The ACORD name _logo ant reglsferecll1lllrks of ACORD
ACORD U (2OO9/ll!l)
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12/29/2010 ~O 14'07 P~ 5415361566 Sancorp Insurance
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Additional Named Insureds
OtI1erN.mod Insuredo
P;i.azond oemolition (I Coocrete ev.tting Do1Dg: Bus:UleBB As
OBPPRY R PLllII1QOOIORN
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OFAPPI,... (Q2f2007) COPYRIGHT 2OG7, AMS SERVICES IHe
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12/2~/2010 WED 14:07
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FAX 5415361568 Be~~orp InGuranee
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BLANKET ADDITIONAL INSUREDS-
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifie. insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
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Policy Number. 35-10131756 EndoI88nent EfWive; 12/131201012:01 AM
Named InsUre<! Progressive Builder$ Ino Countel'8lgll9d By:
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DBA: Diamond Demolition & Concrete ( ,.' .,...uLA ' . .
SCHEDULE
Name of Pereon or Organization:
Arry penon or organization that the namecI IneunlII .. obllgatad by virtue of. written contnct 01'
aur-nent lID provide insurance such .. is afforded by this policy.
LocatIon:
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(If no entry appeer. abDve, information requlred Ie complete this endorsement will be shown in the Declarations
as applicable Ie this endOrSement)
A. 8ecilon 11- Who Is An Insured Is amerided to Indude as an insured the pen;on or
organization 8l1own in the Sc:hedule, but only to the extent that the peI'8OO or e><ganlzation
shown in the Sohedule is held liable for yOUr aela or omlS$lona arising Qut of yOUr ongoing
operations perfomled for that Insured,
8, WIth respeot to tile Insuranoe atrarded to tIleee addition<<l ineweds, the following exclusion i8
added:
2. Exclualona
This insurance does not apply to "bodily ir1jury' or "property damage" occurring afler.
(1) All work, inoluding material.. parts or equlpmentfumlmed in oonnection with such
WOrk, on the project (olherthan aervloo. maintenance or r1lI>lIinl) to be petfcnned by
or on behalf of Il1e additionallneul'Gll(e) at the site of the covered operations has been
compleled; Of
(2) That portion of "vour work" out of which the Injury or dama~ ari.... has beet! put to
Ita Intended use by any person or organization other than another contractor or
subwnlTacWr angaged in pernxmlng operation. for a prtncipal a. a part of the same
project. .
C. The words 'you' and "vow" refer to the Named Insured "'own in the Declarations.
D. "Yourwork" meal\$ work or operations perfonned by you or on your behalf; and mate~a1., parts
01" ~uipment fumiskad in CDl'lneetion with such work or operations.
Pnmarv \Nonf"rftQ
If required by _ contraot or 8QI'88ment: _ insurance as is _ by lhia policy shall be
prins'Y insur>lnal, i!lOd any Insurance or aeIf~ruwrance msinlainod by the _ oddiliOnaI
inslRd(s)&hall be _08 of the ins."",... ~ "" the """",d Insllrwd and shaJI net cenlrI>....
1l>tt.
Waiver d Subrooatlon
If required by wrilIen contract or agnoement We ....ive f1nf ~ght of reeovery we may have 8galnet an entity
that is an add_ insured per tM terms of lhls sndorsement because of p8yments we make lor injury Or
damage arising out of "your work" done under a eontrad WIth lh8t penlon or organization.
ANF- ES 043 (512006)
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CITY RECORDER
Page 1/1
CITY OF
ASHLAND
20 E MAIN ST,
ASHLAND, OR 97520
(541) 488-5300
I' :";;~~TOE1';" .'1
I' 'POON9~~~ER!,' ' I
VENDOR: 015782
PROGRESSIVE BUILDERS
113B W 1ST STREET
PHOENIX, OR 97535
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req.Nd;:
Dopt.:
Contact: Karl Johnson
Confirming? No
:'~IQu'a!.ri'tiiVJi}l:;~(;Jjrii'f\: ZUf;': !J~;.~~~~:r:IL;,\;.: ;'~;~'i_i ,\1:;;,~~:T~:5:':)J;!;i.1-ToescriDHon-r;r-: ~;, :,'Q .., \;~:/>:,'" 1. ~;'_,:.'
2010 Miscellaneous Concrete Project
Project No. 2008-17
:'~ i:(j,1i'iericE{'}e~ ;:,,;:i'l 'E-xt:-rP.:rit;;e_~,~~~,t;
228.461,51
Approved by City Council 12/07/2010
COA Public Improvement Contract
Effective date: December 8, 2010
Completion date: May 31, 2011
Insurance required/On file
I
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
228461.51
0,00
0,00
228.461,51
~1;~ACcounmJU"rii'ti'eFJ~tf,~ ;~:i :'(ei:olec(Numbei';2 ;;!' ,;, (.::TIY1~rAmount~~;EiT ;;;\::/Ac-d)\jnHNUmber__~;"~~: ~:~r :,;LFrroject~~timber:.~~'f~;l V.}t:Y-"1~otmtt~ ;: :;~:
E 260.08.12.00.70420 E 200817.120 202 188.44
E 260.08,35.00.70420 E 200817,120 26 273.07
,d7'\ -/ /' }f;-v
Autt\6rlzed Signature VENDOR COPY
-1
CITY OF
ASHLAND
REQUISITION
No. PW2008-17 - FY 2011
Department PW/ENGINEERING
Vendor Progressive Builders, Inc.
113 B W. 1st Street
Phoenix, OR 97535
Account No. 260.08.12.00.704200,88.5%
260.08.35.00.704200 - 11.5%
Date January 3, 2011
Requested Delivery Date ASAP
Deliver To Karl Johnson
Via
(. Note: Please allow approximately two(2) weeks for delivery on ilems nOI
generally caried in stored. and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use of Purchasing Office Onlv
Unit Price Total Price PO No.
2010 Miscellaneous Concrete Project
Project No. 2008-17 $ 228,461.51
(Council approved 12/7/2010)
for Karl:
BID /RFP / EXEMPT: 11117/2010
Contract Start Date: 12/812010
Contract Completion Date: 5/31120 II INO
Insurance on file: ' IYES
Project No: 2008-17
Job No.
Unit No.
~
t "'rebyoertify that lb, ,bo~ i,,= = ="'''Y fo,'" ol='lioo ~
of this department and are budgeted
~(2t
Department Head or Authorized Person
Received By
f~ ;P#
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G:\pub-wrks\eng\OB-17 Mise Cone Constr 201 O\A_Admin\Progressive Builders, Inc\Payments\OB-17 Progressive Builders Requisition - 01-Q3-11.xls