Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012-051 Contract - Smith Sheet Metal
u ''r. CITY OF ASHLAND �45H LAND�. PUBLIC IMPROVEMENT CONTRACT TITLE Project No. 2011-09 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter `City" ) and SNHTH SHEET METAL (Hereinafter"Contractor"). The City's Project Manager for this Contract is Dale Peters City of Ashland Public Works Department. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to .Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No._1_ through No. _2_, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Service Center Re-Roof" and WHEREAS, Contractor did on the October 26, 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 December 12, 2011 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 of before m. or before 30 calendar days following Contractor's receipt of the Notice to Proceed, whichever is earlier.. 3. Statement of Work The work under this contract is for replacement of the Service Center roof 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 City of Ashland 1 G:Ipuh-wrks1eng111-99 Metal Root ReplacementlSmith Sheet Metal Construction Contractdocx - r contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and . fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds requited for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this building reconstruction 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. '�()n1Y as der r�e_qWrel hts of (;02113 -3.0-:1 o NAP, } �o rll�a[ 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of: $184,890.00 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 allow. City in the,exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print: U In clbo c-kwV )' svk , I.l, 6l Contact Name: ft1_.WFW Phone:541.iZU.9 194 Fax: _641•1 21a92610 Address:253 S IcE ' St S�O Do Not Write Federal and State Tax I Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License #32246 Constru tion Contractors Board # q OC )4S Citizenship: Nonresident alien Yes No Business Designation(check one): ��?dividual Sole Proprietorship Partnership ✓ Corporation _Government/Nonprofit The above information must be provided prior to contract approval. Payment information will be repdrted 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. City of Ashland 2 GA pub-wrkslengll 1-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx r 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 terns and conditions of this contract. I further understand the City is prohibited from entering,into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Signed by Contractor: Signature/Title ,/ Da Printed Name: t-wp-001 cc f(�Ofc'12 Via SA �d� 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,: \V �9�si�SL�� �llZlL/Z Mike Faught, Director of Public Works, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated June 22, 2010 Coding: Revi w tty A rney (app ved as to legal form) ate City of Ashland 3 G:Ipub-wrkslenglf 1-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further.represents and warrants to City that (a) it has the power and authority to enter into and perform the work; (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents,and has checked four or more of the following criteria: V'/ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. ✓ (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 liability insurance relating to the labor or services to be provided. Contracforegi nature Date City of Ashland 4 GA pub-wrkslenglff-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx ' EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Coltractor 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. 4. Successors in Interest City of Ashland 5 G:Ipuh-wrks1eng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contra6Ld0eX 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"Service Center Re-roof',Construction Drawings, Standard Drawings,and Contract Addendums,all attached hereto,and incorporated herein by this reference,together with the Prevailine Wage(BOLI) ifapplicable AND orry other separately 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. A written employee drug-testing policy, ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis,and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee Drug- testing Program."For the purposes of this section, an employee is a"Subject Employee"only if that employee will be working on the Public Improvement project job site. C. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract;or ii. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. City of Ashland 6 GApub-wrkslen9111-09 Metal Roof ReplacementlSmith Sheef Metal Construction Contractdocx S. 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. C. The City may terminate this contract, in whole or in part,at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven(7)days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination City of Ashland 7 GJ pub-wrks1eng111-09 Metal Roof ReplacemenuSmith Sheet Metal Construction Contractdocx a. If this contract is terminated under 10(a)(b)or(c),the City shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d),by the Contractor due to a breach by the City,then the City shall pay the Contractor as provided in subsection(a)of this section. C. If this contract is terminated under 10(d), by the City due to a breach by the Contractor,then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10 (d), by the City due to a breach by the Contractor, then the City may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation-provided under this contract, then the Contractor shall pay.to the City the amount of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section I I(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 7 All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned;used or retained by the City until the final document is submitted- The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials 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 City of Ashland 8 GApuh-wrks1eng111-09 Metal Roof ReplacementtSmith Sheet Metal Construction Contractdocx - 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS - 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.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, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) 'ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the:Public Notice, per hour,per day,and per week3for 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 rate schedule, if applicable, are attached to these Contract Documents as Or can be found at the following websites: www.oregon.imv/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815(2)(c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS-279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be.paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] c. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule,whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E.Oregon-Street 932 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)] City of Ashland 9 GApub-wrks1eng0l-09 Metal Roo/ReplacementlSmith Sheet Metal Construction Contract.docx - The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects.The bond must be a continuing obligation,and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the.project. e. If the Contract is for a public work and the Contract price is $50,000 or more,.Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLI), 800 NE Oregon#32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520,no person may be employed for more than 10 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 any one day or 40 hours in any one week when the work week 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. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and,ORS 279C.540. (d) When labor is employed by the City through another as a contractor,any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract,providing the contractor has: (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.530] (1) Pursuant to ORS 279C.530(1),Contractor shall promptly, as due,make payment to any person,co- , partnership,association or corporation furnishing medical,surgical and hospital care services or other needed care and attention, incident to sickness or injury,to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law,contract or agreement for the purpose of providing or paying for the services." (2) Pursuant to ORS 279C.530(2), All employers, including Contractor,that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements.. 20. Retainage 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. [2790.550] Moneys retained by a contracting agency under ORS 279C.570(7)shall either be: (a)retained in a fund by the City and paid City of Ashland 10 ,- G:Wub-wrks1eng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction Con&actdocs to the contractor in accordance with ORS 279C.570;or(b)At the election of the contractor,paid to the contractor in accordance with the two options below: • The contractor may deposit bonds,securities, or other instruments with the City or in any bank or trust company to be held in fieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds,securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570.Interest on the bonds or securities shall accrue to the contractor. {or} • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank,trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(l)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 under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent(85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other,location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a.progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period,unless approved by the City. City of Ashland 11 G:Ipub-wrks1eng111-09 Metal Roof Replacementismith Sheet Metal Construction Coniractdocx 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%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent(100%) of the contract value or estimated value or estimated cost,whichever is greater,of the work remaining to be done. [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in goad faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of (1)defective work not remedied,(2)third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3)reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6)unsatisfactory prosecution of the work by the Contractor,(7)claims against the Contractor by the City, (8)failure to submit a construction schedule or failure to keep said construction schedule updated, or(9)exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of 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 City of Ashland 12 G:Ipub-wrksleng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx " 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 IT). 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 the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate,an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have'had. _ e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage.within thirty(30)days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/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 estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence.that the requirement of ORS 279A.120(3) has been satisfied: City of Ashland 13 GApub-wrks1engll1-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx h. If City declares a default of the Contract, and Surety completes said Contract,-all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the terms of the Contract. i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown,arising out of and relating to the work.No payment,however,final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders/Extra Work The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any additional work in any manner the City may choose. .A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual.with delegated authority, City personnel are not authorized to order extra(and/or)changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor,including a material supplier, for the purpose of performing this contract: L 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)] City ofAshland 14 GJjoub-wrks1eng111-09 Metal Roo/ReplacemennSmith sheet Metal Construction Comractdocx C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or,a late payment interest penalty under a clause included in the subcontract pursuant to subsections(3)and(4)of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from.employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f. Pursuant to ORS 279C.515(1), if Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s)representing the City may pay the claim and charge the amount of the payment against finds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials.in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor,the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4)and ending upon final payment,unless payment is subject to a good faith dispute as defined in ORS 279C.580.The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commerciaPpaper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor,but the rate of interest may not exceed 30 percent.The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails,neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract,the person may file a complaint with the Construction Contractors Board,unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4),the payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. 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 Clry of Ashland 15 GApub-wrksleng111-09 Metal Root Replacementismith Sheet Metal Construction ContracLdocx - Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day($500.00/day) for each and every - day that elapses in excess of the contract time-or the final adjusted contract time. This amount is`a genuine pre- estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract,time,has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability,Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal; state, and local laws, it being understood that acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs(at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense,promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly,and reimburse the City for any loss, cost,damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibit C. All costs for such insurance shall be bome by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section,the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount(or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the City of Ashland 16 - Gr1puh-wrkslenglll-09 Metal Roof ReplacemennSmith Sheet Metal Construction Con"ctdocx l 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 famish: (1) Performance Bond and(2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10%of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries'last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan,the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. One-Year Warranty 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 have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,marital status,age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race,religion, color, sex,national origin, marital status City of Ashland 17 G:Ipub-wrks1eag1ll-09 Metal Root Replacementlsmi th Sheet Metal Construction Contractdocx 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 Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Federal Agencies: Agriculture, Department of Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration(NOAA) National Marine Fisheries Service(NMFS) Defense,Department of Army Corps of Engineers Energy,_Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior,Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor,Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation,Department of Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services,Department of Agriculture,Department of City of Ashland 19 GJpuh-wrks1eng111-09 Metal Roof ReplacemenflSmith Sheet Metal Construction Contractdocx 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 Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances,rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid,the City may: (a)Terminate the contract; (b)Complete the work itself, (c)Use non-City forces already under contract with the City; (d)Require that the underlying property owner be responsible for cleanup; (e)Solicit bids for a new contractor to provide the necessary services;or (f)Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances,rules or regulations identified above. If Contractor encounters a' condition not referred to in the solicitation documents,not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection,and the condition requires compliance with the ordinances,rules or regulations enacted by the governmental entities identified above,the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance,rule or regulation,the Contractor shall not commence, work nor incur any additional job site costs in regard to the condition encountered and described in subsection(3)of this section without written direction from the contracting agency.Upon request by the City,the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition.This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section,the City may: (a)Terminate the contract; (b)Complete the work itself, (c)Use non-City forces already under contract with the City; (d)Require that the underlying property owner be responsible for cleanup; Co of Ashland 19 G:1puh-wrks1eng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx (e)Solicit bids for a new contractor to provide the necessary services;or (1)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(t)of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits,reasonably incurred as a result of complying with the applicable statutes, ordinances,rules or regulations.The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor.. Notwithstanding the above,the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents;and 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character_. of work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part.of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. -Errors The Contractor shall perform such 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 Cityo/Ashland 20 G:Ipub-wrks1en9t11-09 Metal Root ReplacementlSmith Sheet Metal Construction Conuactdocx If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party,in addition to costs and disbursements provided by statute,any sum which a court, including any appellate court;may adjudge reasonable as attorney's fees. 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: Engineering City of Ashland Public Works Department 20 East Main Street Ashland,OR 97520 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices,bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills,and payments are to be given by giving notice pursuant to this paragraph. 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 EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS(BID,PAYMENT AND PERFORMANCE) EXAMIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION City of Ashland 21 G:Ipub-wrks1eng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction ContmcGdocx 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.lea.state.or.us/ors City of Ashland 22 Gapuh-wrks1eng111-09 Metal Root ReplacementlSmith Sheet Metal Construction Contract docx EXHIBIT C PUBLIC E%IPROVEMENT 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 ❑ $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 O Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify,, and hold 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 insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self- insured retention's,and/or self-insurance. City of Ashland 23 GApuh-wrksleng111-09 Metal Roof ReplacementlSmith Sheet Metal Construction Contractdocx EXIMIT D 'CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR aiufix �e�'tl`^e e' t'rcr$i c hw"+ fi- f 3n� m"t°m i v 1E",r�e� eEry tm ng '7,p' A .CONT `CTORrISA,C_ORPORATION, 1 ���ti .• CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and certify under penalty of perjury that it is a corporation. r WQJob Ind,��es,ln` Entity afore Dad ? 7 i a v 3 .2�e S W- 01 adz 4h d ' 1 . 4 B".CONTRACTOR IS7NDEPENDENT: " . Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor'.' if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 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. 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 24 GApub-wrkslenglll-09 Metal_Roof ReplacementlSmith Sheet Metal Construction Contractdocx 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 fmancial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold.harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor " shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor Signatur Date Project Manager St re Date City of Ashland 15 G:Ouh-wrksleng111-()9 Metal Roof ReplacemenASmith Sheet Metal Construction Contractdocx - Bond No.752810P PERFORMANCE BOND, The undersigned Webb Industries, Inc. DBA Smith Sheet Metal,253 S 15th Street, Springfield, OR 97477 as principal, further referred to in this bond as Contractor,and Developers Surety and Indemnity Company, 5 Centerpointe Suite 530, Lake Oswego, OR 97035 , as surety; further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City,in the sum of One hundred eighty four thousand eight hundred and- ninety dollars--------------------------------------- Dollars($ 184,890 Contractor and City,have entered into a written contract dated March 9, 2012 for the following project: Warehouse Roof Replacement. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385,then this obligation is null and void;otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with.its terms and conditions'and pay to City all damages that are due under the Contract 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,executors,administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. - 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 752810P Bond Agent: WHA Insurance-Randy Tergesen Address: 2930 Chad Drive Eugene, OR 97440 Telephone: 541-342-4441 SIGNED this 9th day of March 2012 WITNESS: CONTRACTOR: Webb Inn tries, Inc. DBA Smith Sheet Metal By: A p 1 " � ' ��� Title:c)(% F" W C r W 1� Ws 8eYt (Corporate Sea]) Legal Address: /i�J3 S 5 btu Attest: orporate 8ccretary WITNESS: SURETY: Developers Surety and Indemnity Company By:— �� . v l C t (Corporate Seal) Title: Theresa Logue,Attorney-In-Fac Legal Address: 2930 Chad Drive Eugene, OR 97440 Attest: Corporate Secretary Bond No.752810P PAYMENTBOND The undersigned Webb Industries, Inc. DBA Smith Sheet Metal,253 S 15th Street, Springfield, OR 97477 as principal, further referred to in this bond as Contractor,,and Developers Surety and Indemnity Company, 5 Centerpointe Suite 530 Lake Oswego OR 97035 . as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City,in the sum of One hundred eighty four thousand eight hundred and ninety dollars---------_—_--_� Dollars($184,890------ Contractor and City have entered into a written contract dated March 9, 2012 for the following project: Warehouse Roof Replacement. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620,then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective hens,executors,administrators,successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. 7. The bond number and the name,address,and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: 752810P Bond Agent: WHA Insurance-Randy Tergesen Address: 2930 Chad Drive Eugene, OR 97440 Telephone: 541-342-4441 SIGNED this 9th day of March 2012 WITNESS: CONTRACTOR: Webb Ind dries, Inc. DBA Smith Sheet Metal By: Title: 0^ (Corporate Seal) LI�lCj1 Legal Address: ZCj_4j \mi l St Attest orporate Secretary WITNESS: SURETY: Developers Surety and Indemnity Company By: 1-4,ge-e �f!'ti n�it_e.. (Corporate Seal) Title: Theresa Logue,Attomey-In-Fact Legal Address: 2930 Chad Drive Fugen, OR 97e4n Attest: Corporate Secretary POWER OF ATTORNEY FOR • DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: "'Linda Cole,Theresa Logue, Christie Montero, Diane M.Davison, Linda Cole, Kelly R.McCorkle,jointly or severally`•• as their true and lawful Attomey(s)♦n-Fad,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-n.Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Ahomey(s)4n-Fact,pursuant to These presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future vdth respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By NO,r1;,•,, V,PANV Daniel Young,Vice-President £JP�,.•'pi+ogq•'0FiJr;, 6O PPOR OFC / OCT. <`• 2 ? OCT.5 By' O r o 1936 10 : w 1967 O = `: .'02 y Stephen T.Pate,Senior Vice-President c, C 2 State of California County of Orange .............. On January 31,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and TNe of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their auhonzed ANTONIO ALVARADO capacity(ies),and that by hisMerltheir signature(s)on the instrument the persons) or the entity upon behalf of COMM.tl 1880843 which the person(s)acted,executed the instmment. � I cerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is We and correct. My came.mpires Aug.B,2013 WITNESS my hand and official seal. Place Notary Seal Above Signature 6� ai Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in NII force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in face as of the date of this Certificate. c� th This Cer le is executed in the City of Irvine,California,this / day of IVI-912 C-/-/ '� Q By: regg Okur istant Secretary ID-1380(Rev01/11) ACORO®' CERTIFICATE OF LIABILITY INSURANCE DA (MM/DDIYYYV) 2/2/2012 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 INSURER(S), 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 WAIVED,subject to the terms 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 CONTACT NAME: KPD Insurance PHONE FAX 1 o: AC N PD BOX 784 E-MAIL Springfield OR 97477 ADDRESS: INSURERS AFFORDING COVERAGE NAICN INSURERA:Markel Insurance INSURED INSURER B: Webb Industries, Inc. DBA: INSURER C: Smith Sheet Metal INSURER D: 253 S 15th St Springfield OR 97477 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:706624384 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 rypE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR R POLICY NUM BER MMRID/YYYY MMIDD/YYYY LIMITS • GENERAL LIABILITY 521RS005520-3 1/1/2012 11/2013 EACH OCCURRENCE $1,000,000 X DAMA E TO R -TED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence $1,000,000 CLAIMS-MADE (T]OCCUR MED EXP(M one person) $10,000 PERSONAL B ADV INJURY $1,000.000 GENERAL AGGREGATE - $2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $2,000,000 POLICY X I PRO- LOC Pollution $100,000 • AUTOMOBILE LIABILITY 102185005521-3 711/2072 11112013 Ea accident 1000000 • ANY AUTO BODILY INJURY(Per person) S • ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS • HIREDAUTOS X AUTOS WNED PROPERTY DAMAGE $ S • X UMBRELLA LIAR X OCCUR 4602RS320108.2 111/2012 /1/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAR CIAIMS-MADE AGGREGATE $5,000,000 LIED X I RETEWION$10,000 I $ WORKERS COMPENSATION WC STATU- OTH. AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORJPARTNER/EXECUTIVE 0 E.L.EACHACCIDENT $ OFFICE"EMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is reRuired) Re:Ashland Service Center Re-Rood#12-101. The City, its agents,officers, and employees are additional insureds on the general liability per attached form CG3261 (10/05)and on the auto liability per attached form MCA036-OR(04/07). CERTIFICATE HOLDER CANCELLATION 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. Public Works Department 20 East Main Street AUTHO ZEDREPRESENTATIVE Ashland OR 97520 a ��j� C , W ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 32 61 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addtional Insured Person(s) Or Organization(s): Any person or organization required to be named as additional insured,with respects to the business operations of the named insured.Any coverage provided by this endorsement to an additional insured shall be excess over any Location(s) Of Covered Operations: other valid and collectible insurance available to the contin ent or on an other basis unless a written contrac or agreement specs Ica y requires this instirancea alIply on n primary or non- contributory basis. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended B. With respect to the insurance afforded to to include as an additional insured the these additional insureds, the following person(s) or organization(s) shown in the additional exclusion applies: Schedule, but only with respect to liability This insurance does not apply to "bodily for "bodily injury", "property damage" or injury" or "property damage" occurring "personal and advertising injury" caused by after: your ongoing operations for the additional insured(s) at the location(s) designated 1. All work, including materials, parts or above and only to the extent that such equipment furnished in connection with "bodily injury", "property damage" or such work, on the project (other than "personal and advertising injury" is caused service, maintenance or repairs) to be by your negligence or the negligence of performed by or on behalf of the those performing operations on your behalf. additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 32 61 10 05 Copyright, ISO Properties, Inc., 2005 Page 1 of 1 0 Client#: 131389 WEBBINDU ACORD;e CERTIFICATE OF LIABILITY INSURANCE D ID ATE(MMD/YYYY) 1. 2102/2012 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 INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms 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 CONTACT NAME: Propel Insurance PHO ac NE No F Ext:800 499-0933 INC,N.): 866 577-1326 Eugene Commercial Insurance E-MAIL 1600 Valley River Drive Suite 170 ADDRESS: Eugene,OR 97401 INSURER(S)orth t Insurance Cor Naca INSURER A:Liberty Northwest Insurance Cor INSURED INSURER B: Webb Industries,Inc. dba:Smith Sheet Metal INSURER C: 253 S 15th St INSURER D: Springfield,OR 97477 INSURER E: INSURER F 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 CONTRACTOR 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. IIN R TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP --IN SR YA/D POLICY NUMBER MMIDD/YYYY MMIOD LIMITS GENERAL LIABILITY PEACH�OECCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES EeE¢Turrence $ CLAIMS-MADE 71OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY jE0. I r LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ AUTOS NON-0WNED PROPERTY DAMAGE $ HIRED AUTOS AUTO$ Par accident UMBRELLA LMB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ 'ED RETENTIONS $ A WORKERS COMPENSATION WC41 NCO06409011 0/01/2011 101011201 X We sTATU- oTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN E.L.EACH ACCIDENT $500 OOO OFFICERIMEMBER EXCLUDED] NIA (Myyandator,in NH) E.L.DISEASE-EA EMPLOYEE s500,000 e al scrtUe under 0 SCRIPT/N OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Workers'Comp Evidence for Oregon Ashland Service Center Re-Roof.SSM#12-101 90 N Mountain Ave Ashland CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland,OR 97520 AUTHORIZED REPRESENTATIVE N,[c3' ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #SB53030IM739115 TDG00 Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. •. For the reason just cited, if our agency was to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • if a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document,federal copyright law, • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights...To quote wording from a contract...To quote any wording which amends a policy unless the policy itself has been amended." In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requester.Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request w ATTACHED TO AND FORMING PART OF COMMERCIAL AUTO POLICY NUMBER: 1021RS005521-2 Markel American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE PLUS EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. The fallowing is a summary of the limits, additional coverages and extensions provided by this endorse- ment. For complete details on specific coverages, consult the policy contract wording. As respects any coverage provided by this endorsement, if higher limits are provided on any other schedule, declarations page or endorsement attached to this policy, then the limits and coverage provided by this endorsement would not apply for that coverage. SCHEDULE Broad.Form "Insured" Broadened to Include subsidiaries and newly formed or acquired organizations Blanket Additional insured Included Supplementary Payments Bail Bonds $3,000 Loss of Earnings Up to $500 per day Fellow "Employee" Exclusion Deleted for owned autos- excess basis Hired Car Physical Damage Up to $75,000 Loss of Use for Hired Cars Up to $1,000 per 'accident" Transportation Expense Up to $50 per day/$1,500 maximum Glass Breakage Amendment Deductible waived if glass repaired and not replaced Rental Reimbursement Up to $100 per day/Up to 30 days/$3,000 maximum Personal Effects Coverage Up to $500 in the event of a total theft of a covered 'auto" Customized Furnishings Coverage Up to $500 per "accident" Duties in the Event of "Accident", Claim, "Suit" or "Loss" Broadened Unintentional Failure to Disclose Hazards Included Mental Anguish Resulting from "Bodily Injury" Included Accidental Airbag Discharge Coverage Included Auto Loan or Lease Gap Coverage Included Towing and Labor- Private Passenger Type Vehicles Up to $100 per disablement MCA 036-OR 504/071 Copyright, Markel Insurance Company, 2007 Page 1 of 7 Temporary Substitute Auto - Physical Damage Coverage Included Extra Expense- Broadened Coverage Included Audio, Visual and Data Electronic Equipment Coverage Up to 51,000 Blanket Waiver of Subrogation Included 1. BROAD FORM INSURED Section 11, A.1., Who Is An Insured, is amended to add the following: d. Any legally incorporated entity of which you own at least 51% of the voting stock on the effective date of this endorsement. However, "insured"•does not include any entity that is an "Insured" under any other automobile liability policy provided by any company. a. Any newly acquired or formed organization of which you own at least 51% of voting stock. Coverage for your newly acquired or formed organization shall be: (1) Effective on the date of acquisition or formation; and (2) Afforded until the and of the policy period of this endorsement or the next anniversary of its inception date, whichever is earlier, provided that you notify us in writing before the earlier date, informing us of the newly acquired or formed organization. This insurance does not apply to: (1) Damages arising out of "bodily injury" or "property damage" caused by an "accident" that occurred before the date of acquisition or formation; (2) Any newly acquired or formed organization that is already an "Insured" under any other valid and collectible "auto" insurance provided by any company. 2. BLANKET ADDITIONAL INSURED The following is added to Section H. A.1., Who Is An Insured: f. Any person or organization for whom you are required by an "insured contract" to provide insurance is an 'insured" subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Declarations, and must have executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that "Insured", whether the work is performed by you or for you, and only to the extent you are liable for an "accident" occurring while a covered "auto" is being driven by you or one of your employees. 13) There is no coverage provided to this person or organization for "bodily Injury" to its employees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negligence or fault according to applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit'. (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an 'insured", including persons or organizations added by endorsements or amendments of coverage, ends when your operations for that "insured" are completed. MCA 036-OR (04/07) Copyright, Markel Insurance Company, 2007 Page 2 of 7 3. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Section 11, A.2.a., sub-paragraphs (2) and (4) are replaced as follows: (2) Up to $3,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 4. FELLOW "EMPLOYEE" EXCLUSION .Under Section It - Liability Coverage, Exclusion B.S., related to the fellow "employee", does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Coverage is excess over any other collectible insurance. 5. HIRED CAR PHYSICAL DAMAGE AND LOSS OF USE The following additional extension is added to Section III, Physical Damage Coverage, A.4., Coverage Extensions: Hired Car Physical Damage and Loss of Use If Comprehensive, Specified Perils, or Collision coverages are provided under this policy for any "auto" that is not a hired "auto", then Hired Car Physical Damage Coverage, subject to the following limit, is provided for those coverages. The most we will pay for any one "accident" or "loss" is $75,000 or the Actual Cash Value or Cost of Repair, whichever is smallest. Hired Car Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit and excess provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" shown in the Declarations. For each hired 'auto", the limit of insurance shown above shall be reduced by a deductible. That deductible shall be equal to the greatest deductible that applies to any owned covered "auto". Section III, Physical Damage Coverage,,A. 4. b., Loss of Use, is amended to provide the following limits in lieu of as shown: Our payment is limited to the lesser of: (1) Necessary and actual expenses incurred; or (2) A maximum of $1000 per 'accident'. 6. TRANSPORTATION EXPENSE Section III, Physical Damage Coverage A.4.a. is amended to provide a limit of $50 per day and a maximum limit of $1500 in lieu of as shown. 7. GLASS BREAKAGE Section III, Physical Damage Coverage, A.3.a. is deleted and replaced by the following: a. Glass breakage; however, with respect to private passenger "autos', any deductible shown in the Declarations shall not apply to glass breakage if the glass is repaired rather than replaced in a manner that we deem acceptable. S. RENTAL REIMBURSEMENT COVERAGE The following is added to Section III, A., Physical Damage Coverage: Rental Reimbursement We will pay for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. However: a. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered auto. If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered auto and return it to you. MCA 036-OR (04107) Copyright, Markel Insurance Company, 2007 Page 3 of 7 J2) 30 days. b. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (21 $100 per day up to a maximum limit of 83,000. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided for under item S. TRANSPORTATION EXPENSE above. 9. PERSONAL EFFECTS COVERAGE The following is added to Section III, A., Physical Damage Coverage: Personal Effects Coverage We will pay up to $500 for loss to wearing apparel and other personal effects which are: a. Owned by an insured; and b. In or on your covered auto. This coverage applies only in the event of a total theft of your covered auto and no deductible applies to this coverage. 10.CUSTOMIZED FURNISHINGS COVERAGE The following is added to Section III, A., Physical Damage Coverage, item 4., Coverage Extensions: Customized Furnishings Coverage a. We will pay with respect to a Covered "auto" for "loss" to custom furnishings including, but not limited to: (1) Special carpeting and insulation; (2) Height-extending roofs; (3) Custom murals, paintings, or other decals or graphics. b. Our limit of liability for loss to custom furnishings in any one "accident" shall be the least of: (1) The actual cash value of the stolen or damaged property; (2) The amount necessary to repair or replace the property; or (3) 8500. c. This coverage does not apply to electronic equipment. 11. DUTIES IN THE EVENT OF "ACCIDENT", CLAIM, "SUIT" OR "LOSS" Section IV, Business Auto Conditions, A.2-a- is deleted in its entirety and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". You must include: (1) How, when and where the "accldent" or "loss" occurred; " (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge by your "employee" of an "accident" or "loss" will not constitute such knowledge by you, unless the "accident" or "loss" is known to: MCA 036-OR (04107) Copyright, Markel Insurance Company, 2007 Page 4 of 7 ' (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An officer of the corporation or an insurance manager, if you are a corporation. Section IV, Business Auto Conditions, A.2.b.12) is deleted in its entirety and replaced with the following: (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit"; Knowledge by your "employee" of documents received concerning a claim or 'suit' will not be deemed to be knowledge by you, unless the documents are known to any of your executive officers or partners or your insurance manager. 12. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Section IV, Business Auto Conditions, B. General Conditions Item 2. Is deleted in its entirety and replaced by the following: 2. CONCEALMENT, MISREPRESENTATION OR FRAUD We will not pay for any "loss" or damage in any case of fraud by you at any time as it relates to this policy. We will also not pay for any 'loss" or damage if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This policy; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this policy. Any unintentional failure to disclose or misrepresentation of a material fact at any time by you or any other "insured" will not result in a denial of coverage under this policy because of such concealment or misrepresentation. 13. MENTAL ANGUISH WHEN RESULTING FROM BODILY INJURY Section V, Definitions, Item C., "Bodily Injury" is deleted in its entirety and replaced by the following: "Bodily injury" means: 1. Bodily injury, sickness or disease sustained by a person, and also includes mental anguish or emotional distress provided such mental anguish or emotional distress results from any of these; and 2. Includes death resulting from bodily injury, sickness or disease. 14. ACCIDENTAL AIRBAG DISCHARGE The following is added to Section III, Physical Damage Coverage, B., Exclusion 3.a.: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty that may apply. 15. AUTO LOAN OR LEASE GAP COVERAGE Section III, Physical Damage Coverage, C., Limit of Insurance, is emended to add the following: In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: MCA 036-OR (04/07) Copyright, Markel Insurance Company, 2007 Page 5 of 7 a. Overdue leaselloan payments and financial penalties associated with those payments at the -time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Nonrefundable security deposits; d. All refunds paid or payable to you as a result of the early termination of the lease agreements; e. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and f. Carry-over balances from previous loans or leases. This coverage will only apply when no provision for this or similar coverage is included in the original lease agreement written on the covered leased "auto". 16. TOWING AND LABOR LIMIT The following replaces Section III, Physical Damage Coverage, A.2. Towing: We will pay up to $100 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 17. TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE COVERAGE The following is added to SECTION I - COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: If Physical Damage coverage is provided by this Coverage Form, then you have coverage for: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss" or destruction. 18. EXTRA EXPENSE - BROADENED COVERAGE The following is added to SECTION III -PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage: 5. We will pay for the expense of returning a stolen covered "auto" to you. 19. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for 'loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of 'loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of "loss", and such equipment is designed to be solely operated by use of power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "lass" to any accessories used with the electronic equipment described in A.1. above, However, this does not include tapes, records or discs. B. Exclusions The exclusions that apply to PHYSICAL DAMAGE COVERAGE, except for the exclusions relating to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addition, the following exclusions apply: We will not pay for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto' for the monitoring of the covered "auto's" operating system; or MCA 036-OR (04/071 Copyright, Markel Insurance Company, 2007 Page 6 of 7 2. Both: a. an integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF INSURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. It "loss" to the audio, visual or data electronic equipment or accessories used with the equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Collision Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data electronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one applicable deductible, only the highest deductible will apply. In no event will more than one deductible apply. 20. BLANKET WAIVER OF SUBROGATION The following is added to SECTION IV,A.S., Transfer Of Rights Of Recovery Against Others To Us: We waive the right or recovery we may have for payments made for 'bodily injury" or "property damage" on behalf of persons or organizations added as "insureds" under Section II - LIABILITY COVERAGE - AAA. and e. BROAD FORM "INSURED" and A.1.f. BLANKET ADDITIONAL INSURED. All other terms and conditions remain the same. MCA 036-OR (04107) Copyright, Markel Insurance Company, 2007 Page 7 of 7 CITY OF ASHLAND Council Communication Approval of a Contract to Replace the Metal Roof of the Ashland Service Center Meeting Date: November 17, 2011 Primary Staff Contact: James Olson Department: Public Works E-Mail: olsonj&ashland.or.us Secondary Dept.: Finance Secondary Contact: Michael Faught Approval: Larry Patterson Estimated Time: Consent Agenda Question: Will the Council, acting as the local contract review board, approve the award of an $184,890.00 contract to Smith Sheet Metal for the replacement of the Service Center roof? Staff Recommendation: Staff recommends that a contract in the amount of$184,890.00 be awarded to Smith Sheet Metal for replacement of the Service Center roof. Background: Summary: On October 25, 2011, the Public Works Department received four bids for the replacement of the Service Center roof. The results of the bidding are as follows: 1. Smith Sheet Metal Bid $184,890.00 2. Architectural Metal Works Bid $209,000.00 3. Harbert Roofing, Inc. Bid $269,990.00 4. T.T.L., Inc. Bid $406,989.00 All bids received are bona fide and valid bids and each contains a bid bond and other required documentation. Smith Sheet Metal, as the low bidder, is a qualified contractor located in Springfield, Oregon and is fully capable of performing this work. Staff can see no obstacle to awarding them a contract to complete the re-roofing of the Service Center. Project Description: The Ashland Service Center building located at 90 North Mountain Ave. was constructed in 1980. The original roof was a standard metal roof which was screwed to steel perlins spaced at 5 foot intervals. The screws used to fasten the roof to the perlins are rubber gasketed steel screws, which have begun to react with the metal roofing. The roofing metal has begun to corrode around the screw holes. In some areas the corrosion has expanded beyond what the rubber gasket will cover causing leaks. In consultation with an architect and with several roofing contractors, it was determined that the best solution would be to replace the entire roof. A new roof would provide the following benefits: 1. A standing seam roof would be installed that is less prone to leakage and has a superior joining system. 2. Clips could be installed on the standing seam roof which would accommodate a future photo electric array. Page 1 of 2 Council Communication Bid Approval for Contract 011022011.docx CITY OF ASHLAND 3. An improved building venting system could be installed that is less prone to leakage and is more efficient. '4. Improved and more efficient skylights could be installed. 5. Three of the five air conditioning units that were mounted on the roof have been removed. The new roof would eliminate these un-needed roof penetrations. 6. An OSHA approved access system would be installed in the new roof to access the remaining a.c. units. 7. The new roof would have a minimum 30-year life expectancy. Project Budget: This project is listed in the approved capital improvement plan and in the 2011-12 budget at $160,000.00. The additional $24,890.00 is available from other delayed roofing projects which cannot be accomplished within the budget year. It is anticipated that the actual work will not commence until June 2012 when more reasonable weather might be expected. Related City Policies: AMC Section 2.50 requires that the Council, acting as the contract review board, approve all material and services contracts in excess of$100,000.00. Council Options: • Council may approve a contract with Smith Sheet Metal, Inc. in the amount of$184,890.00 to replace the Service Center roof. • Council may reject all bids and award no contract for the Service Center roof replacement. Potential Motions: • Move to approve a contract with Smith Sheet Metal, Inc. in the amount of$184,890.00 to replace the Service Center roof. • Move to reject all bids received and award no contract for the Service Center roof replacement. Attachments: Copy of the Smith Sheet Metal, Inc. bid. Page 2 of 2 Council Communication Bid Approval for Contract 011022011.docx City of Ashland,Oregon-Agendas And Minutes http://www.ashland.or.us/Agendas.asp?AMID=4725&Display=Minu... City P i As Mend, Oregon/ City Council City Council - Minutes Tuesday, November 15, 2011 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 15, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER _ Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced openings on the Planning Commission, Conservation Commission, Tree Commission, and the Audit Committee. In addition, there were two positions open on the Citizens Budget Committee with an application deadline of November 18, 2011. Mayor Stromberg moved number 3. Will Council approve First Reading of ordinance titled, "An Ordinance Amending the Development Standards for Wireless Communication Facilities in 18.72.180 of the Ashland Municipal Code"and move the ordinance on to Second Reading?, from ORDINANCES, RESOLUTIONS and CONTRACTS to PUBLIC HEARINGS for additional public input. He explained the recruitment process for the new City Administrator and invited the public to submit selection criteria to Human Resources Director Tina Gray via email, graytoashland.or.usor mail to City Hall, attention Tina Gray, 20 East Main, Ashland OR 97520 by December 2, 2011. Mayor Stromberg commented on the recent passing of Dave Fortmiller and his contributions to Ashland over the years. Councilor Slattery shared history on the Fortmiller family, described Mr. Fortmiller's outgoing friendliness, and honored him with a moment of silence. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Meeting of November 1, 2011 were approved as presented. SPECIAL PRESENTATIONS&AWARDS Assistant Planner and Tree Commission staff liaison Michael Pina presented the 2011 Tree of the Year award to the Coast Redwood trees located at 65 Granite Street. CONSENT AGENDA 1. Does Council wish to confirm the Mayor's appointment of Mark Weir to the Conservation Commission with a term to expire April 30, 2012? 2. Does Council wish to confirm the Mayor's appointment of Brett Ainsworth to the Housing Commission with a term to expire April 30, 2014? 3. Will Council approve a letter of support for Sky Research and their grant application for Conned Oregon IV in order to build a hangar at the Ashland Municipal Airport? 4. Will Council, acting as the local contract review board, approve the award of an $184,890 contract to Smith Sheet Metal for the replacement of the Service Center roof? S. Will Council, acting as the local contracts review board, approve the award of a public contract resulting from a formal solicitation process for Municipal Audit Services? 6. Will Council approve an Intergovernmental Agreement with the Oregon Department of Transportation? 7. Will Council approve a letter of support, signed and sent by Mayor Stromberg for the Central Oregon and Pacific Railroad (CORP) Connect Oregon IV grant application for rail tunnel enhancement? Councilor Chapman/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1 of 6 3/21/2012 10:37 AM CITY d RECVil®ER Page 1 / 1 CITY O F _A C H LAN 1�i D DATE 'PO NUMBER:- 20 E MAIN ST. 3/2212012 10773 ASHLAND, OR 97520 (541)488-5300 ' VENDOR: 016805 SHIP To: Ashland Public Works SMITH SHEET METAL, DBA WEBB INDUSTRIES II (541) 488-5587 253 S 15TH STREET 51.WINBURN WAY SPRINGFIELD, OR 97477 ASHLAND, OR 97520 FOB Point: Req.No.: . Terms: Net Dept.: Req.Del.Date: Contact: ,Jim Olson -Dale Peters Special Inst: .. Confirming? NO Quash :' Urift • " ' ' '• Description - Unit Price . -. Ext.Price Replace metal roof on the Ashland 184,890.00 Service Center Buildinq Public Improvement Contract Effective date: December 12, 2011 Insurance required/On file Performance Bond Payment Bond SUBTOTAL 184 890.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 184;890.00 ASHLAND, OR 97520 -Account Number Project Number -. _.::' Amount.: 5 Account Number `.Project Number'- _ _Amount ,_- E 410.08.24.00.70420 E 201109.120 184 890.00 Authorized-Signature , Z VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 3i2onz Required date for delivery: Vendor Name Webb Industries,Inc.DBA Smith Sheet Metal Address,City,State,Zip 253 South 15"Street,Springfield,OR 97477 Contact Name&Telephone Number Mark Webb,V.P. 541-726-9194 Fax Number - SOLICITATION PROCESS ❑ Exempt from Competitive Bidding El Emergency E] Written Findings(Form attached) 2/Invitation to Bid (Co pies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: 11/17/2011 ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contrail $5,000 to$100,000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached I Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5,000 to$75.000 ❑ Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ 3 Written proposals attached Dale approved by Council: Date approved by Council: Description of SERVICES Total Cost Replace metal roof on the Ashland Service Center Building $ 184,890.00: . 'v Item # Quantity Unit Description of MATERIALS Unit Price Total Cost .TOTAL COST; ❑ Per attached quotelproposal $1$486000 Project Number 2011 -09 Account Number 410.08.24.00.704200 _ Account Number -——-——-——-—————— Account Number --- --- -- -- -- ------ `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date By signing this requisition form,I certify that the information provided above satisfies the City's public contracting requirements,and the documentation can be provided upon request. Employee Signature: Department Head Signature: rnxa, �(.k2 2J Additional signatures t pplicable): . / Funds appropriated for current fiscal year / NO Finance Director Date Comments: G:FinancelProcedurMAPTormsIRPO 2007-09 Smith Sheet Metal 03 20 2012 Updated on: 3/2012012 CITY OF FORM #12 ASHLAND REQUEST FOR BUDGET REVIEW To: Lee Tuneberg, Finance Director From: Michael R. Faught Date: March 21, 2012 Re: Request for Budget Review to Verify Adequate Funds Available In accordance with AMC 2.50.080(A)for Formal Processes,the Finance Director must sign off that there are appropriate funds for the project before the project is put out for bids. (Note: The department is to request by memo a budget review to the Finance Director to ensure adequate funds are available prior to releasing the Invitation to Bid (ITB) or Request for Proposal (RFP). If the amount of the successful bid or proposal exceeds the initial amount approved as a result of the budget review, the department is to request by memo another budget review to ensure adequate funds are available for the additional amount prior to the department requesting approval from the City Council to award and execute the intended public contract.) REQUEST FOR BUDGET REVIEW PRIOR TO RELEASE OF ITB OR RFP: Project name and number: Warehouse Roof Replacement Project No. 2011-09 Description of project: Replace the existing metal roof over the City warehouse building at 90 N. Mountain Ave. Amount budgeted: $310,000 Account Number(s) and amounts if multiple accounts: 410.08.24.00.704200 Timeline of intended project: Begin approx. 6110112—Complete 6130112 •��1� �• �-c:d Funds appropriated for current fiscal year: no/ NO Department Head �;> Finance Director Date Date REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO RELEASING ITB OR RFP: Actual amount of bid(proposal: $184,890.00 Funds appropriated for current fiscal year: YE / NO Department Head Finance Director w_— Date Date Form#12-Request for-Budget Review to Verify Adequate Funds Available, Page 1 of 1,3/21/2012