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2011-203 Contract - Batzer Inc
*'rr CITY OF ASHLAND } A3�3 K rx ti PUBLIC IMPROVEMENT CONTRACT West Bellview Subdivision Phase 77—Multi-Use Path Repair Project No.2011-08 This Contract is between the CITY OF ASHLAND, a•municipal corporation of the State of Oregon(hereinafter"City" ) and Batzer Construction(Hereinafter"Contractor') The Crt 's t i Project Manager for this Contracs girl login-=11y S Ashland P.u 1�?os3�artmen WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No._I_ through No. _2_, more particularly described in Standard Condition 5, 4heremafter referred to as "Contract Documents") for its project entitled `° est $elluf�wuU c us�oh FY1nItCis PatPar�r>and WHEREAS, Contractor did on the 28th day of July, 2011, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on AtgusT 2il 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 November 10, 2011. 3. Statement of Work 0 The work under this contract is for Wert Bellview Subdivision Phase 11- Multi-Use Path Repair, including removal of 4 trees and removal of 142-feet of multi-use pathway and replacement to City of Ashland August 10,2010 20 City of Ashland standards as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in 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 famish 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 West Bellview Subdivision, Phase 11- Multi-Use Path Reaair Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of: $6S_ 8720 for accomplishing the work required by this contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the 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 1 allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION,AND SIGNATURE Business Name Batzer Construction Contact Name: Bill Batzer,Vice President Phone: (541)773-7553 Fax: (541)773-5923 Address: P.O. Box 4460 Medford OR 97501 Do Not Write Federal and State Tax ID Numbers on this Agreement.- One copy of W-9 is to he submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License# 13L 002V11 Construction Contractors Board# /3.?90;L Citizenship: Nonresident alien Yes _X No Business Designation(check one): Individual _Sole Proprietorship Partnership Corporation Goverrinent/Nonprofit City ofAChk d Augu=10,2010 21 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 periury 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 Contract y Il -gi�gnature-MtCeV V VV Date Printed Name: Gt d 1i 6AV7E2. XG.12LID. 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: Mike Faught,Director of Public Works, City of Ashland Date -Authorized by Ordinance 3013 and Delegation Order dated June 22, 2010 Coding: Reviewed: Lee Tuneberg, Finance Director (funds appropriated current fiscal year) Date Reviewed: David Lohman, City Attorney (approved as to legal form) Date Chy of A5171=0 Augusi M MID 22 i CERTTFICATIONS 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 listing. ✓ (4) Labor or services are performed only pursuant to written contracts. ✓ (5) Labor or services are performed for two or more different persons within a period of one year. ✓ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds,warranties,errors and omission insurance or liab' i insurance relating to the labor or services to be provided. Contra i a / .QM Date O g cry nrashland Augus.ra,2010 23 EXFIIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. 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 this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. Cky of Ashland August 10,2070 24 a 4. Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto,,and their respective successors and approved assigns,if any. 5. Contract Documents The Contract Documents,which comprise the entire Contract between the City and Contractor,include all sections or parts of the bid package however denominated,including all documents and plans attached or referenced therein,the Notice to Contractors-Invitation to Bid, Offer,First-Tier Subcontractors Disclosure Form; Surety Bond,Public Improvement Contract,Contract Standard Terms and Conditions and Exhibits thereto,Performance Bond,Payment Bond,Special Provisions,Plans entitled" West Bellview Subdivision.Phase ff-Multi-Use Path Repair", Construction Drawings, Standard Drawings,and Contract Addendums,all attached hereto,and incorporated herein by this reference,together with the Prevailing Wage(BOLT) ifapplrcable AND any other 6Warately bound reference, Oregon 2008 Standard Specifications for Construction,and City of Ashland Addenda,incorporated herein by this reference. All exhibits,schedules and lists attached to the Contract Documents,or delivered pursuant to the Contract Documents,shall be deemed a part of the Contract Documents and incorporated herein;where applicable,as 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 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 ou a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug- testing Program."For the purposes of this section,an employee is a"Subject Employee"only if that employee will be working on,the Public Improvement projectjob site. C. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution,will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract;or I Chy a,Ashland August 10,2040 25 ii. Require that the subcontractor's subject Employees participate ih the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty(30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15)days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City,and its authorized representatives,may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to carry out any provision of the Contract; C. Failure of the Contractor to carry out orders; d. Conditions,in the opinion of the City,which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended,nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or(c). If the project work is suspended pursuant to subsection(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 determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The City and the Contractor,by mutual written agreement,may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. a 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 n 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. Uthe Patty has not entirely cured the breach within 15 August 10,2010 City ot.4sh(and 26 1i I days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a)(b)or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall pay the Contractor as provided in subsection(a)of this section. C. If this contract is terminated under 10(d),by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a)of this section, subject to set off of excess costs, as provided for in section 12,Remedies. 12. Remedies In the event of termination under 10 (d), by the City due to a breach by the Contractor, then.the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds,the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 fora 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 I l(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 tite 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. City cf Ashland August 10,2010 27 All documents or otber materials submitted to City by Contractor shall become the sole and exclusive property of City. Such materials are subject to Oregon Public Records laws./ 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under.this contract, including without limitation ORS Chapter 279A-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 hercto and made a part hereof by this reference In addition, the p9Arovisions 27of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), and 279C.380(4), (Award of Contract and Bond);ORS 279A.110(Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C545 (Hour) ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retai;nage); 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 DAMS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights At of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv)the Americas 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, ino his con ract shallab econsidered comply included and federal incorporated into tax laws. int the Contract and condition required and made a part hereboflby 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 Construction Contractors' gBoard orlicen licensed by ORS e State Landscape Contractor's Board inila be ordance with tORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/SOLI 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 BOLI prevailing wage schedule and federal wage arate schedule,at applicable,lownga Cached so these Contract Documents as _NIA wnvw oreeon eeo�'/_bBl!• 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 Labor and Industries under ORS or occupation tion in . (see attached rate termed by the Commissioner of the Bureau of b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more,all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] A00ust 10, chy of Ashr..1nG 20 C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(t). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule,whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects.The bond must be a continuing obligation,and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section,unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file,and requite every Subcontractor to supply and file,with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 1.8. Hours of Labor/Overtime limitation[ORS 279C.520] [ORS 279C.5401 [ORS 279C.545] Pursuant to ORS 279C.520,no person may be employed for more than 1.0 hours in any one day, or 40 hours in any one week, except in cases of necessity,emergency or when the public policy absolutely requires it,and in such cases, except in cases of contracts for personal services,the employee shall be paid at least time and a half pay: (a) (1)For all overtime in excess of eight hours in anyone day or 40 hours in any one week when the workweek is five consecutive days,Monday through Friday;or (2)For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and (b)For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. i c Collective bar gaining and negotiated labor agreements ma y provide exceptions to the requirements of this section I and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completionW the contract,providing the contractor bas: (1)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.5301 (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. C!ry of Ashland August 10,2010 29 (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 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: i • 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 OILS 279C.570.Interest on the bonds or securities shall accrue to the contractor. for) • If the contractor elects,the City shall deposit the retainage,as accumulated,in an interest-bearing account in a bank,savings bank,trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. - If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1)or(5), the City may recover such costs from the contractor by reduction of the final payment.As work on the contract progresses,the contracting agency shall,upon.demand,inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage,as permitted above,shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a)Bills,certificates,notes or bonds of the United States. (b)Other obligations of the United States or its agencies. (c)Obligations of any corporation wholly owned by the federal government. (d)Indebtedness of the Federal National Mortgage Association. (e)General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained,or to be retained,by the City in a form acceptable to the City.The bond and any proceeds 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.5601 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 Chy of Ashland August 10,2010 30 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 0/.)of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site,or at some other location agreed upon in writing. .Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are - made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress '! payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period,unless approved by the City. C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion.of the City,truly represent actual relative costs of different parts of work,a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including,without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent(5 9/a)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 par of the final payment of the Contract amount. Upoa Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5°/x) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent(100%)of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if,in the City's opinion,and in good faith,the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of (1)defective work not remedied,(2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time,(6)unsatisfactory prosecution of the work by the Contractor,(7)claims against the Contractor by the City,(8)failure to submit a construction schedule or failure to keep said construction schedule updated,or(9)exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. City otAsSland August 10,2010 31 Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments,excpet as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension,no further estimate may be accepted or progress or other payments allowed until the project ss Y ct ic payments and are approved otherwise by City. Progress estimates are for the sole purpose of determining progress P not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein.[ORS 279.570(2)1. 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 City accepts the Certificate of Final Completion,the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any Liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. C. If the Contractor believes the quantities and amounts specified in king Baal of receipt estimate op the t b final pay to be incorrect, Contractor shall submit to the City within five (5) Y 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 final estimate date. If said suit action or proceeding is not commenced in said one (1)year period, the revisions eare made,sl Certificate of shall be conclusive)withprespect to the revised mount estimate arned bythe Certificate Contractor,Final and the Contractor August 10,2040 City&Ashland 32 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. C. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/retainage requirements of ORS 279C.570(8). 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 i� estimate and Certificate of Final Completion and processing same for payment all have been carded 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 Rather 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. i 24. Contractor/Subcoutractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a rust-tier subcontractor,including a material supplier,for the purpose of performing this contract: I Cf:y o/Ashland Augua£0,2010 33 i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract;[279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor,if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract Pursuant to paragraph (a)(i)above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made;and B. Computed at the rate specified in ORS 279C.515(2).[279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(t)]. 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 s subsections(3)and(4)of ORS 279C.580 does not constitute a dispute The to which the City is a party• City not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of he work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fun from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)J Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505 1 c The Contractor shall pay to the Department of Revenue all stuns withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1), if Contractor fails,neglects or refuses to make prompt payment of any claim furnished to the Contractor or a subcontractor by any person in connection with the Contract as for labor or services fa such claim becomes due, the proper officer(s)representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2),if the Contractor or a first-tier subcontractor fails,neglects or refuses to make payment to a person famishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall the Federal iscount rate on 90-day commercial paper in effect at R equal eserve district that includes Oregon on he date that is 30 days after the date when was recetivted from the August 10,2010 City of Ashland 34 contracting agency or from the contractor, but the rate of interest may not exceed 30 percent.The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is$18,703 or more,and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in this chapter,to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract.Contractor must post the attached Living Wage •- notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution. preceding the actual loss suffered by City if the project work is not completed on time. Accordingly,instead of requiring any such proof,City and Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the City 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. j Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract,nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time,has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract- The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. I 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 fiom, 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 Oty o/Ash.'and August '0,2010 35 and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, anunforesen officers, agents, and employees on account of (a) the character or performance of the work, (b) difficulties, (c)accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis en 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 y the City, such action or claim is brought against the City,the Contractor shall,if the City o elects and adverse uon ten the City or to the defend the same at the Contractor's sole cost and expense,promptly satisfy any judgment City and the Contractor jointly,and reimburse the City for any loss,cost,damage,or expense,including attorney fees, suffered or incurred by the City. 28, Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section,the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insura nce as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance work atreptable to City prior to execution by the City and before Contractor or any subcontractor comm cor 1 mits),pot Y this Contract. The certificate shall show the name of the insurance carrier, coverage,type, numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29, Performance,Payment and Warranty Bonds/Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1)Performance Bond and (2)Payment Bond written by a corporate surety or other fmancial assurance in an amount equal to the amount of the Contract based upon the estimate corporate quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall estimate continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10%of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance shall be for a period of one cant from e date of completion ti . such repairs.ate warranty bond or financial 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 famished 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 August 10,2010 City of Ashfand 36 to a fund of any employee benefit plan,the notice required b ORS q y 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City,any and all defects,breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances,to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may I d have the defects corrected,and the Contractor and Contractor's surety shall be liable for all expense incurred. In case III of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made IPI without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. � 31.. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,marital status,age,sexual orientation or - national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion, color,sex,national origin,marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030,which states that it is unlawful employment practice for any employer, because of the race,religion, color, sex, national origin,marital status or age if the individual is 18 years or older or because of the race, religion,color,sex,national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation,termination,or suspension in whole or in part.q 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations i Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: �. Agriculture,Department of - i ClryarAshland August 10, 1010 37 Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense,Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S.Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration - Occupational Safety and Health Administration Transportation,Department of Coast Guard Federal Highway Administration Water Resources Council State Administrative Services,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 Agencies: CITY of ASHLAND City Council(Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts August 10,2010 City of As hland 38 Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactmeat of new or the amendment of existing statutes, ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a)Terminate the contract; (b)Complete the work itself, (c)Use non-City forces already under contract with the City; (d)Require that the underlying property owner be responsible for cleanup; (e)Solicit bids for a new contractor to provide the necessary services;or (f)Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances,rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances,rules or i regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of th e 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 ' (f)Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a)of this section,the Contractor shall be entitled to all costs and expenses incurred to the date of termination,including overhead and reasonable profits, on the percentage of the work completed.The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor.If the contracting agency causes work to be done by another contractor under either subsection(c)or(e)above,the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection(f)of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes, ordinances,rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents;and 34. Waiver P The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any P other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either city of Ashland August 40,2010 39 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 additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum,then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative,hereby consents to the in personam,jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity.. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38, Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract,the prevailing patty 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,Engineering City of Ashland Public Works Department 20 East Main Street Ashland,OR 97520 August 10,2010 City of Ashland 40 i 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 of Interest - Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 42. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE. ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. ATTACHMENTS: EXHIBITS A-J EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS. EXIIIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS(BID,PAYMENT AND PERFORMANCE) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION �f Cityof Ashland August 10,2040 41 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.lee.state.or.us/ors City of Ashland August 10,2010 42 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 ❑ $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 ❑ 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 ❑ Not required by City ❑ Builders Risk (Check here if required) insurance during construction to the extent of 1.00 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. i 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 harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of City or Ashland August:0,2010 43 insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self- insured retention's, and/or self-insurance. I i City eAshlane Acuu:r 10,20 44 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR I'h ii 1 S- t!�L�yGQNTRACTORRR CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below,and certify under penalty of perjury that it is a corporatio t& �iuc%� ,uc • 48 tllf Entity Sign , e Date { fl/ll r It� I�T 711 v1 exi .1L �_at u�ir �' rj MlR rll t. 4..I }47 I it t� ,'t+—�I 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 Ijremuneration 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: 1. Contractor is free from direction and control over the means and manner of providing the labor or services,subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the.contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor 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. r/ 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. City of Ashland Aa4u=`10,20f 45 ✓ D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. o/ Contractor W"AM i-04 r Date — - ?�?- : - P/7//70// gn Project Manager Siaturet/jyl[B/qA0 n Date City of Ashland AVaUs[ta,Wro 46 a w C O N S T R U C T I O N July 28, 2011 Attn: Karl Johnson, EIT, Assistant Engineer City of Ashland, Public Works/Engineering 20 East Main Street Ashland, OR 97520 RE: West Bel[view Subdivision Phase II — Bike Path Karl: Per our email communications of July 15 and 18, 2011, Batzer Construction, Inc. proposes to supply labor, materials, equipment, and supervision to provide the following scope of work: 1. Excavate the section of asphalt approximately 142' x 8' wide from the property line of new development to 142'west on Siskiyou Boulevard. 2. Demolition of three (3)trees pre-approved by City of Ashland. 3. Replace and compact back 6"of 3/4" minus rock over approved ground fabric. 4. Install 3" lift of class "C" mix asphalt. Note: above dimensions of bike path does not include the asphalt patching for the utility work that has already taken place. Total asphalt replacement for bike path is approximately 158' long. We value the above work at: SIX THOUSAND EIGHT HUNDRED SEVENTY TWO DOLLARS ($6,872.00). Price good for thirty (30) days. EXCLUSIONS/CLARIFICATIONS: 1. Permits, utility charges, or governmental fees of any kind. 2. No site concrete or landscaping has been considered. Thank you for the opportunity to provide this proposal. We look forward to working with you again. Sincerely, BATZER O SUCTION, INC. katizer Vice President Accepted by: Date: o'/ COA Bike Path 072811/BILLAag 541 -773-7553 PO Box 4460 • Medford, OR 97501 fax: 541 -773-5923 • www.BatzerConstruction.com • CCB# 132902 CITY OF ASHLAND August 2, 2011 Bill Batzer Batzer Construction P.O. Box 4460 Medford, OR 97501 RE: West Bellview Subdivision,Phase II(11-08)—Multi-Use Path repair acceptance Dear Bill, The City of Ashland would like to thank you for the quote for the proposed work to the multi-use path adjacent to the West Bellview Subdivision,Phase II. The City of Ashland would like to accept your quote for$6,872.00 for the worked described on the attached proposal. Enclosed is a copy of a contract the City of Ashland will need to have signed and returned for these improvements. If you have any further questions about this matter feel free to contact me. )'Sincere Karl Joosonl Assistant Engineer cc: Jim Olson,City of Ashland Scon Fleury,City of Ashland PUBLIC WORKreet LEERING DN. FaL 54148&6347 ��, 20 East Main Street � Paz:541488{A06 Ashland,Oregon 97520 TTY: 800-735-2900 w .ashland.or.us OP ID:SL CERTIFICATE OF LIABILITY INSURANCE 08104M DATYYYY) 08/04/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WANED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 503.224-2500 CONTACT NAME: Anchor Insurance&Surety,Inc 603-224-9830 PHONE ax 1201 SW 12th Ave.,Suite 500 -L m-gp`wI'— — a 10' Portland,OR 97206-2030 - ADDRES John D.Klump cUSTOMeRIOe:BATZE-1 _ INSURER(8)AFFORDING COVERAGE NAICe INSURED Balzer Construction,Inc. INSURER A:Bituminous CasuaIV Corp. PO Box 4460 INSURER B. Medford,OR 97601 INSURER C: INSURER D: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE POLICY NUMBER -� POLICYEFF MOI.CYEXP J UMRB GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CLP 3553270 06101111 05101/12 PREMISES ce S 4 100,00 CLAJMS-MADE ❑X OCCUR MEDEXP Anycaepenon $ 5,00 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENTAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY X PRO. Loc $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO CAP 3563268 05101!11 05/01/12 BODILY INJURY(Per parson) $ ALLOVJNEDAUTOS - BODILY INJURY(Puacdtlent) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Par Accident) S X NON-OWNEDAUIOS $ S X I UMBRELLALIAS X OCCUR EACH OCCURRENCE 3 6,000,000 EXCESSUAB CLAIMS-MADE AGGREGATE $ 5,000,000 A CUP 2580308 05!01111 05101112 DEDUCTIBLE S X RETENTION $ 10,000 1 v S WORKERS COMPENSATION WCSTATT- Ap,TORY AND EMPLOYERS'LIABILITY YIN OFFICERIMMEMBERR EAXCLUDEfn ECUTNE❑ N/A E.L.EACH ACCIDENT E (Mandatoryin NH) E.L.DISEASE-EA EMPLOYEEE T1%,describe under RIPTION OF OPERATIONS 1,elw E.L DISEASE-POLICY LIMIT E DESCRIPTION OFOPERATIONSI LOCATIONS I VEHICLE$(Atteeh ACORO 101,Additional Remarks Schedule,If more spec.Is required) RE:WEDST BELLVIEW SUBDIVITION PHASE 11(11-08)-MULTI-USE PATH REPAIR CITY OF ASHLAND OREGON&ITS OFFICERS,AGENTS&EMPLOYEES ARE ADDITIONAL INSUREDS PER ATTACHED GENERAL LIABILITY ENDORSEMENT GL3084(01106). CERTIFICATE HOLDER CANCELLATION ASHLA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. ATT:KARL JOHNSON,EIT ASST ENO 20 EAST MAIN ST. AUTHORIZED REPRESENTATIVE�jJ ASHLAND,OR 97520 ©1986-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD A parinershlp or joint venture, not shown as a Named Insured in the Declarations, of which you have 33% or more ownership Interest at the time of 'bodily Injury' or "property damage" caused by an 'occurrence°or'personal and advertising injury°caused by an offense,is an insured,provided that no �\ othersimilar liability Insurance is available to that partnership orjolnt venture. 1 B.) CONTRACTORS AUTOMATIC ADDITIONAL INSURER COVERAGE SECTION II-WHO iS AN INSURED-19 amended to include: POL.'iN07 .CLP 3553270 Any 'owner', 'contractor', 'construction manager', "engineer' or"architect'If it Is required In your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only with respect to 'bodily Injury; 'property damage" or'personal and advertising injury'caused, at least in part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional Insured(s),or B. Acts or omissions of the additional Insured(s) in connection with their general supervision of such operations. With respect to the Insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form,the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional Insured against any"suit'seeking damages for'bodily Injury; 'property damage' or"personal and advertising Injury; until we receive written notice from the additional Insured requesting that we defend It In the'suit.' 2. The Limits of Insurance applicable to the'additional Insureds under this endorsement are the minimum limits specified-In the written contract or agreement requiring this coverage,or as stated in SECTION Di-LiMiT$OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever Is less. These Limits of Insurance are Inclusive of and not In addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form,an additional Insured under this endorsement will as soon as practicable: a. Give written notice to us of an'occurrence'or an offense which may result in a claim. This shall Include: 1: (1), How,when and where the'occurrence"or offense took place; (2) The names.and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the*occurrence,or offense. b. Give written notice to us of a claim or 'suiP brought against the additional insured Including specifics of the claim or"suit'and the date It was received, c. Give written notice of such claim or'suit,'including a demand for defense and indemnity,to any other insurer who had coverage for the claim or"suit' under Its pollcy(les),either at the time of, or at any time subsequent to the occurrence of the'bodily Injury;'property damage'and/or the offense causing the 'personal and advertising Injury,' which is the basis for such claims or 'suit'. (1) Such notification must demand the full coverage available under that policy;and Y. GL-3084(01106) -2- / (2) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This Insurance does not apply to: POLICY NO. CLP 3553270 a. 'Bodily Injury'"properly damage"or'personal and advertising Injury'occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional Insured(s)has been completed;or (2) That portion of 'your work' out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project. b. 'Bodily Injury' 'property damage' or'personal and advertising injury'xesulting from any act or omission of the additional Insured(s) or any of their employees, other than the general supervision of work performed for the additional Insured(s)by you. a. 'Bodily Injury' "property damage' or 'personal and advertising Injury' resulting from work performed on a project where other valid and collectible Insurance Is available to the additional Insured under an Owner Controlled Insurance Program or Consolidated (wrap-up) Insurance Program. d. 'Bodily Injury,''property damage'or'personal and advertising Injury': (1) Arising out of the rendering or failure to render any professional services by any Insured,or on their behalf,but only with respect to either or both of the following opemlions; (a) Providing engineering, archltoclural or surveying services to others In the Insured's capacity as an engineer,architect or surveyor,and (b) Providing, or hiring Independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph(3)below,professional services Include: (a) The preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications;and (b) Supervisory or Inspection activities performed as part of any related architectural or engineering activities, but does not Include the general supervision of your operations on such project, (3) Professional services do not Include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement,the following deffnlilons are added: 'Owner' means a person or organization who has ownership in the project premises, designated in your written contract or written agreement,at which you are performing operations. 'Contractor° means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. GL-3084(01106) -3- 'Construction Manager°means a person or organization designated as'construction manager"in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated In your written contract orwritten agreement. 'Engineer' means a person or organization who has been engaged by the 'owner', 'contractor' or 'construction manager" to perform,enginesring services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. POLICY N0. CLP 3553270 'Architect' means a person or organization who has boon engaged by the 'owner', 'contractor' or 'constructionjnanager° to perform architectural services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising,'directing or controlling your opefgllons on such project. Any coverage provided herein will be excess over any other valid and collectable Insurance available to the additional Insured(s) whether primary, excess, gontingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this Insurance will be primary. However,any other insurance specifically purchased for a designated project(s),Including but not limited to additional Insured coverage, owners contractors protective coverage, etc., will bs primary with the insurance provided.by this endorsemenl being excess. It this Insurance Iq determined to be primary, we agree not to seek contribution from sltdh other Insurance only If you have so agreed In the written contract or written agreement. OAUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Is deleted and replaced with the following: S. Transfer of Rights of Recovery Against Others to Us and Automatic•Waiver of Subrogatldn. i a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The Insured must do nothing after loss to . Impair those rights. At our request,the Insured will bring'suIV or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss,we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of'yourwork'forthat person or organization. D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item A.2.b.of the COMMON POLICY CONDITIONS,is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation If we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Is deleted find replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nomonswal not less than 60 days before the expiration date. b. If we do not give notice of our Intent to nonrenew as prescribed in a.above,it Is agreed that you may extend the period of this policy for a maximum additional sixty(60)days from its scheduled expiration date. Where not otherwise prohibited by law,the existing terns,conditions and rates will remain In effect during that extension period. It Is further agreed that so long as it is not OL-3084(01106) •4- www.salf.com OREGON WORKERS COMPENSATION SaIF CERTIFICATE OF INSURANCE Jcorporation CERTIFICATE HOLDER: ATTN: KARL JOHNSON, EIT ASSISTANT CITY OF ASHLAND, PUBLIC WORKS / 20 EAST MAIN STREET ASHLAND, OR 97540 The policy of Insurance listed below has been issued to the insured named below for the policy period Indicated.The insurance afforded by the policy described herein Is subject to all the terms,exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 524494 10/01/2010 to 10/01/2011 08/04/2011 INSURED: BROKER OF RECORD: BATZER CONSTRUCTION INC WARD INSURANCE AGENCY INC PO BOX 4460 PO BOX 10167 MEDFORD, OR 97501-0267 EUGENE, OR 97440 LIMITS OF LIABILITY: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: West Bellview Subdivision, Phase II (11-08) - MUItiOUse Path Repair IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time In the future. This certificate Is Issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE President and CEO 400 High Street SE Salem.OR 97312 P:800.285.8525 F:503.373.8020 Polity aatch CerMfimteORnsuranm Page 1 / 1 CITY OF CITY RECORECORDER J� PW. A ASSH LAND , DATE' ".'-`<_'� . , '' PO'NUMBER ,� 20 E MAIN ST. 8/18/2011 10395 HLAND, OR 97520 (541)488-5300 VENDOR: 008014 SHIP TO: Ashland Public Works BATZER, INC. (541)488-5587 P O BOX 4460 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net _ Dept.: Req.Del.Date: Contact: Mike Faught- Karl Johnson Special Inst: Confirming? No . ... 3.. . ,,. .; .`Quan6 .. .,.Unit. •" . . Des&$tion Unit Price. zL rice . E 'P i THIS IS A REVISED PURCHASE ORDER Removal and replacement of 142' of the 6,872.00 multi-use path on West Bellview that is adjacent to the 25-50' of multi-use path that Batzer Construction is currently haivng to remove and replace for a subdivision utility installation. Public Improvement Contract Beginning date: August 2, 2011 Completion date: November 10, 2011 Insurance required/On file Special Procurement Approved by Council August 16, 2011 SUBTOTAL 6,872.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 6,872.00 ASHLAND, OR 97520 -„ Account,Numberu ect,Numberd"{.�,, ,. „3-:Amou t „ ,, e,i?Account,.Numb� - E 260.08.12.00.704200 E 201108.120 6,872.00 Authorize ignature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 08(05/11 Required date for delivery: ASAP. Vendor Name Batzer Construction Address,City,State,Zip P.O.Box 4460,Medford OR,97501 Contact Name&Telephone Number Bill Batzer(541)773.7553 Fax Number (541)773.5923 SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emengency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon Note:Total contract amount,including any Date ap ove Cou d by d: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement 09 Sale So Contract# GOODS&SERVICES 0 Written F' 'rigs(Form attached) ❑ Other government agency contract $5.000 to 8100.000 n r aFa Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES S eclat Procurement Intergovernmental Agreement $5.000 to$75.000 . Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appoint ent Quote or Proposal attached ontract# ❑ 3 Written proposals attached Date approved by Council /Date approved by Council: Description of SERVICES Total Cost Removal and replacement of existing multi-use path adjacen o est Bellview Subdivision, Phase T II. Balzer Construction is on-site contractor and this construction will be added to this private project and paid for by City of Ashland $5,82.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTACOST ❑ Per attached QUOTE $ Project Number 2011.08 Account Number 260.08.12.00.704200 Account Number___-__-__-__-______ Account Number _ _ _____ Account Number_ _ __ __ __ 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. By signing this requisition form,I certi t the in mation provided above meets the City's public contracting requirements,and the documentation can be provided upon request. Employee Signature: Department Head Signature: Additional signatures(if applicabl Funds appropriated for current fiscal year: Y S / NO `lam �A Finance Director ate Comments: G:FinanceTrocedureAPTorm 111-08 West Bellview-Batzer-Requisition-08-05-11.docc updated on: 8/512011 CITY OF ASHLAND Council Communication Approval of a Special Procurement Contract for Removal/Repair of West Bellview Multi-use Path Meeting Date: August 16, 2011 Primary Staff Contact: Jim Olson Department: Public Works E-Mail: Jim.Olson @ashland.or.us Secondary Dept.: Secondary Contact: Karl Johnson Approval: Martha Bennett Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Batzer Construction to remove and repair the adjacent 142' of the multi-use path along the frontage of West Bellview Phase II Subdivision in the amount of$6,872.00? Staff Recommendation: Staff recommends that the contract be directly awarded to Batzer Construction. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or for the direct selection or award of a public contract or series of contracts. The proposed procedure being recommended for this "Contract-specific Special Procurement" is direct award per the attached Special Procurement -Request for Approval (Written Findings). Batzer Construction is the on-site subdivision contractor and they are completing the utility installation for the subdivision. The utility installation will cross the multi-use path in multiple locations requiring the removal and replacement of approximately 25-50' of the multi-use path. Therefore, City staff is in agreement that it is in the City's best interest to have Batzer Construction remove and replace the adjacent 142' of the multi-use path that is in need of removal and repair. The additional 142' of the multi-use path is in need of repair due to the roots of four(4)trees that have raised the multi-use path to varying heights in multiple locations creating hazardous conditions. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 279B.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page 1 of 2 �r� CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline)the Special Procurement. Potential Motions: I move that the Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approved the Special Procurement described therein. Attachments: Special Procurement—Request for Approval (Written Findings) Page 2 of 2 �r, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Faught, Public Works Director Date: August 16, 2011 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works 2. Department Contact Name: Mike Faught 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 08/08/2011 To: 08/31/2011 5. Total Estimated Cost: $6,872.00 6. Short title of the Procurement: Removal and Repair of West Bellview Multi-Use Path Supplies and/or Services or class of Supplies and/or Services to be acquired: Balzer Construction is the on-site subdivision contractor and they are completing the utility installation for the subdivision The utility installation will cross the multi-use path in multiple locations requiring the removal and replacement of approximately 25-50' of the multi-use path. Therefore,City staff is in agreement that it is in the City's best interest to have Batzer Construction remove and replace the adjacent 142' of the multi-use path that is in need of removal and repair. The additional 142' of the multi-use path is in need of repair due to the roots of four(4)trees that have raised the multi-use path to varying heights in multiple locations creating hazardous conditions. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may,but is not required to,also include the following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s),Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: N/A Form#9-Special Procurement-Request for Approval,Page 1 of 3,811011011 Proposed drocedure• Public Works is seeking an exemption from the competitive bid process to directly award a contract to Batzer Construction in the amount of$6,872.00 to remove and replace the adiacent 142' of the existing multi-use path 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Batzer Construction is on-site now completing the subdivision utility installation which will require the removal and replacement of 25-50' of the multi-use path The adjacent 142' of multi-use path is in need of immediate repairs and can be readily completed by the same contractor. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This contract is for the same services the on-site contractor will be completing on the adjacent 25' to 50' of the multi-use path.' (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and X (b)(i)will result in substantial cost savings to the contracting agency or to the public because: Mobilization costs will not be required because Balzer Construction in on-site now working on 25-50' of the multi-use path for the subdivision utility installation (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055,27913.060,27913.065, or 27913.070,or any rules adopted there under because: It is in the City's best interest to remove and repair the multi-use path now and eliminate the hazardous conditions. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Special Procurement-Request for Approval,Page 2 of 3,8/10/2011 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-[August 17, 2011-If approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [August 17, 2011 -If approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on(August 16 2011-If approved by Council]. This Special Procurement is a "Contract-sped&Special Procurement". The proposed contracting procedure is direct award to Batzer Construction. Balzer Construction will be removing and repairing 142'of the multi-use path on West Bellview that is adjacent to the 25-50'of multi-use path that Balzer Construction is currently having to remove and replace for a subdivision utility installation. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055,279B.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Kari Olson,Purchasing Representative, 90 N.Mountain,Ashland,OR 97520. The seven(7)day protest period will expire at 5:00pm on(August 24, 0211-if posted on August 17, 2011] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request for Approval,Page 3 of 3,8/10/2011 City of Ashland, Oregon- Approval of Special Procurement- Batzer Construction Page 1 of 1 City of Ashland. Oregon/Administrative Services/ Purchasing Program/ City New Approval of Special Procurement - Batzer Construction PUBLIC NOTICE A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on August 16, 2011. This Special Procurement is a"Contract- specific Special Procurement". The proposed contracting procedure is direct award to Batzer Construction. Batzer Construction will be removing and repairing 142' of the multi-use path on West Bellview that is adjacent to the 25-50'of multi-use path that Batzer Construction is currently having to remove and replace for a subdivision utility Installation. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 2798.060, 279B.065, or 2798.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 2798.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Karl Olson, Purchasing Representative, 90 N. Mountain, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on August 24, 0211. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. . Release Date: 8/17/2011 http://www.ashland.or.us/News.asp?NewsID=2355&Print=True 8/17/2011 I CITY OF ASHLAND Memorandum DATE: August 9, 2011 TO: Kari Olson FROM: Karl Johnson f�� RE: Request for Purchase Order—Batzer Construction Attached is a request for a purchase order for removal and repair of the existing multi-use path along the frontage of the West Bellview Phase II Subdivision. The path is in extreme disrepair and the City has received multiple calls about the situation. Allen Sandler is currently developing the subdivision along the adjacent properties and Batzer Construction is working on the on-site construction and also completing all of the utility installation. So that the there was not a conflict with different contractors schedules and the fact that Batzer was already on-site and was able to complete the work in a acceptable time frame by completing it with the rest of the subdivision construction, the Engineering Department requested a quote for the removal of four trees and the repair of the multi-use path. Attached to this memo are the following items: 1. Purchase Order_Requisition 2. (2) Contracts with the contractor and Public Works Director's signatures 3. Copy of quote from Batzer Construction 4. Copy of quote acceptance letter to Batzer Construction 5. Copy of Liability Insurance (General &Automobile) 6. Copy of Workers Compensation Insurance 7. Copy of W-9 Let me know if you have any questions. PUBLIC WORKWENGINEERING DN. Tel:541-88-600 20 East Main sheet Fax:541-88-6006 w .ashland.onus Ashland,Oregon 97520 TTY: 800-735-2900