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HomeMy WebLinkAbout2012-062 LID Const Contract - Pilot Rock Excavation - Schofield & Monte Vista gg 7 pt r. >' t 8` �rq r. la 6a nyr '� fy STOP- F tv 4 _ - V� 11 11 I I 1 1 I 1 . 1 see 1 / • 1 1 1 1 1 1 1 so 1 I 1 11 1 • • i 1��1 Page 2 This page left intentional) blan Page 3 TABLE OF CONTENTS • PAGE PART I—BID & CONTRACT DOCUMENTS 5-50 Advertisement for Bids.................................................................................. 6-7 Proposal & Bid Schedule............................................................................... 8-15 BidBond ................................................................................................ 16 Performance & Payment Bond ...................................................................... 17-20 Public Improvement Contract.........:.............................................................. 21-50 GENERAL REQUIREMENTS, PART 00100.......................................... 50-60 SP110 Organization, Conventions, Abbreviations, and Definitions ..... 51 SP 120 Bidding Requirements and Procedures ...................................... 51-53 SP130 Award and Execution of Contract.............................................. 53 SP140 Scope of Work............................................................................ 54 SP150 Control of Work & Valdez Principles ...................................... 54-56 SP160 Source of Materials .................................................................... 56 SP165 Quality of Materials.................................................................... 56-57 SP176 Legal Relations and Responsibilities ......................................... 57-58 SP180 Prosecution and Progress............................................................ 58 SP195Payment .........................:........................................................... 58-60 SP196 Payment for Extra Work............................................................. 60 • SP197, Payment for Force Account Work.............................................. 60 SP199 Disagreements, Protests and Claims .......................................... 60 PART II—TECHNICAL SPECIFICATIONS 61-76 TEMPORARY FEATURES AND APPURTENANCES......................... 62-69 SP210 Mobilization SP220 Accommodations for Public Traffic SP225 Work Zone Traffic Control SP280 Erosion and Sediment Control SP290 Environmental Protection DRAINAGE AND SEWERS ...................................................................... 69-73 SP405 Trench Excavation, Bedding, & Backfrll SP440 Commercial Grade Concrete SP495 Trench Resurfacing WEARING SURFACES ............................................................................. 73-75 SP730 Asphalt Tack Coat SP745 Hot Mixed Asphalt Concrete (HMAC) MATERIALS.....................................................:......................................... 75-76 SP2001 Concrete PART III—PLANS—BOUND SEPARATELY • Project Plans Page 4 • I FOREWORD The documents and forms which are attached, or for which provisions are made, must be used in submitting proposals for the Schofield and Monte Vista LID Project for the City of Ashland, Oregon, as covered by the "Oregon Standard Specifications for Construction, 2008" Oregon Department of Transportation and American Public Works Association, Oregon Chapter and other appurtenant specifications where indicated. These bid and contract documents, specifications, and plans, although bound separately, are made a part of the complete document with the same force and effect as though all parts and plans referred to were under one binding. Should addenda to the specifications become necessary and be issued prior to the date of receiving bids, they shall be deemed a part of the Special Provisions. This project is funded with City money. • • Page 5 • PART I BID & CONTRACT DOCUMENTS • Page 6 • CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ASHLAND, OREGON ADVERTISEMENT FOR BIDS Sealed proposals addressed to the City of Ashland, Oregon, and endorsed Schofield and Monte Vista LID Project Attn: James Olson, Engineering Services Manager, will be received at the Siskiyou Conference Room located at 51 Winbum Way (mailing address: 20 E. Main Street, Ashland, OR 97520), until 2:00 P.M., March 8, 2012, at which time proposals will be publicly opened and read. If the total amount of the contract exceeds $100,000, the award of the contract must be approved by the Local Contract Review Board (Ashland City Council). A contract for work will be awarded or bids may be rejected, separately or entirely, within thirty (30) days after opening. The project completion date is 90 calendar days. The work shall consist of supplying all labor, equipment, and materials necessary to construct improvements including but not limited to the following approximate quantities for major work items: • 12" Storm Drain Pipe (Max. 5' Depth)—550 LF • Concrete Curb and Gutter— 1,980 LF • Straight Concrete Curb—665 LF • Concrete Sidewalk—3,000 SF • Plain Concrete Pavement, 6 Inches Thick— 1,690 SF • Level 2, '/� Inch Dense HMAC—485 TONS 2 Plans, specifications and documents may be examined at: 1. City Engineering Office 2. Medford Builders Exchange City of Ashland 701 East Jackson 51 Winburn Way Medford OR 97504 20 E Main Street (mailing Address) 541/773-5327 Ashland OR 97520 541/488-5347 3. Rogue Valley Builders Exchange 4. Klamath Builders Exchange 111 SE G Street 725 Main Street Room 214 Grants Pass OR 97526 Klamath Falls OR 97061 541/476-0298 541/882-9480 5. Daily Journal of Commerce Plan Center 2840.NW 35th Avenue Portland, OR 97296 503/274-0624 503/274-2616 FAX • Page 7 A ❑ mandatory ® non-mandatory pre-bid conference will be held at the Community Development • Building, Siskiyou Conference Room, 51 Winburn Way, Ashland, Oregon at 2:00 P.M., February 28, 2012. All.bidders are encouraged to attend this meeting. Copies of the plans and specifications may be obtained at the City Engineering Office, 51 Winbum Way, Ashland Oregon. No bid shall be received or considered unless the bidder is registered with the Construction Contractor's Board. The "Oregon Standard Specifications for Construction, 2008" shall apply to work done under this contract. Copies of the Standard Specifications are available from: ODOT Contractor Plans Office Room 28 Transportation Building 355 Capitol Street NE " Salem OR 97301-3871 Standard Specifications may also be downloaded from the ODOT Web Site: http://www.oregon.gov/ODOT/HWY/SPECS/standard snecifications.shtml Bidders shall pre-qualify as provided by ORS Chapter 279C.430 and in accordance with the Standard Specifications for Public Works Construction, Oregon Chapter of APWA. Pre-qualification applications must be received by the City of Ashland at least five days prior to the opening of the bids. • Contractor or Sub-Contractor do.not need to be licensed under ORS 468A.720(No asbestos removal). Each bid must contain a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. All projects in excess of$50,000.00 require the Contractor to pay prevailing wage rates. No bid shall be considered unless the bid contains a statement by the bidder as a part of the bid that the provisions of ORS 279C.800 through 279C.870 Prevailing Wage Rates will be complied with. All projects require the Contractor to provide a "Performance" bond and a "Payment" bond, each equal to the total amount of the contract. Contractor is required to read the ORS 279 subchapter A and ORS 279 subchapter C. Contractor is also required to read City of Ashland's Public Contracting rules as found in the Ashland Municipal Code, Chapter 2.50, "Public Contracts." The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. By Order of the City Council Ashland, on Ore • James Olson Engineering Services Manager Page 8 • PROPOSAL Mayor& City Council Ashland, Oregon The undersigned bidder declares that the bidder has received, read and understood all bid documents; received, read and understood all addenda; the bidder has taken no exceptions other than those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to sign the contract; the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: e 1. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project'in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an • increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be should a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will fi rnish the bonds required by the specifications and comply with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the • specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed" has been issued by the Owner. Page 9 Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, • the amounts shown in Subsection 00180.50 of the Special Provisions, for each day the project remains incomplete. 5. The undersigned, as bidder, acknowledges that addenda(s) numbered I A through have been received by the bidder and have been examined as part of the contract documents. 6. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800 — 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon Act requirements."Prevailing Wage Rates for Public Works Contracts in Oregon," which are incorporated herein by reference, and can be accessed at: http://www.oregon.gov/BOLI[WHD/PWR/pwr_book.shtml. 7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: 7.1 The subcontractor's name and address; • 7.2 The subcontractor's Construction Contractor Board registration number, if one is required, and; 7.3 The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate"NONE" on the form. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. To determine disclosure requirements, the City recommends that you disclose subcontract information for any subcontractor as follows: 1) Determine the lowest possible contract price. That price will be the base bid amount less all alternate deductive bid amounts (exclusive of any options that can only be exercised after contract award). 2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services (i.e., subcontractor's base bid amount plus all alternate additive bid amounts, exclusive of any options that can only be exercised after contract award) are greater than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of subcontractor's services is $55,000. • Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the ($40,000 services). The disclosure should be submitted on the following form: Page 10 • City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360) SCHOFIELD AND MONTE VISTA LID PROJECT 2005-08 Bid Closing Date: March 8,2012,2:00 P.M. NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE t. /1 z. Mou►_ "" Vwj ,t�h . IN, . AcPAJ%J61 $ +1 ,000 — 3. 4. • 5. 6. 7. 8. 9. 10. •Attach additional pages if needed. • Page 11 • SCHOFIELD AND MONTE VISTA LID PROJECT NO. 2005-08 CITY OF ASHLAND, OREGON NO DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT (FIGURES)' 00210-Mobilization Mobilization 11 for�i1te-T Tilausa.J� Dollars 1 � 1 LS $.!'?O.000 00225-Work Zone Traffic Control Temporary Traffic Control 2 for rt�C-(-1=cJ� t1,.�1 ' Dollars 1 Ls 00280 -Erosion & Sediment Control Erosion& Sediment Control 3 for TvJ U Tilvu Sa.t-a o Dollars 1 LS $2000 $ Z 000 00310 -Removal of Structures & Obstructions Removal of Asphalt Paving $ _ $ _ 4 for a tj I Dollars 55 SY S S Removal of Concrete Curb $ $ _ • 5 for Tal a45:%E--% Dollars 25 LF 3 S Removal of Concrete Curb and Gutter _ $ $ 6 for `,-A 0-%--e- Dollars 60 LF 3 1 Removal of oncrete Curb Inlet _ 7 for F C` Dollars 1 EA $ SC7 $ ( S d Removal of oncrete Catch Basin 8 for t.l l�va l�T Dollars 5 EA $ Removal of 12" Storm Drain Pipe $ $ _ 9 for ru'+ 2- Dollars 35 LF Removal of Concrete Sidewalk $ $ // 10 for S 1 rC Dollars 85 SF 5P 5 I a Removal of E��}yssting Tree �A^ 11 forG>tl� jHous6avo Dollars 4 EA $ '0�0 $ �T000 Removal of ExistinP�Streetlight ,L ^�^ 12 for F1) �Fu.�r,ZE� Dollars 1 EA $ -tvo $ �W _ Removal of sphalt Draina a Bump on Schofield $ ` $ _ 13 for T Dollars 1 EA SQ Sb Removal of Exi ing Mailbox Structure _ 14 for 1.1� ,a�aen Dollars 1 EA $ I66 00320-Clearing and Grubbing Clearing and Grubbing $ $ _ • 15 for Vlp r '(LIULtSA<�� Dollars I Ls j9 0 00330-Earthwork Page 12 • NO DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT (FIGURES) General Exc vation $ $ 16 for l��->" J Dollars 1,600 cY w1too Embankment In Place $ 'Z $ — 17 for 1 In)SL�I � Dollars 400 CY "Do 00350—Geosynthetic Installation Subgrade Geotextile I� -18 for , $ $ 00445— Sanitary, Storm, Culvert, Siphon & Irrigation Pipe 12" Storm Drain Less than 5'Depth _ $Z� 19 fo — I Dollars 550 LF 4" Storm Drain Less than Depth $ S $ _ 20 for G Va t�TE Dollars 14 LF Z SZ 12"x4"Wye 21 forte Dollars 1 EA $ 4"Sanitary Sewer Service Lateral _ 22 for Ic,JTti�� Dollars 79 LF $ �S $ 2- 00470—Manholes, Catch Basins & Inlets 48"Concrete Storm Drain Manhole(per city of Ashland Std. Dwg.CD336) $ $ _ • 23 for ..1 Dollars 4 EA I(Pob 4' Concrete Inlet with 4' Galley)( 24 for fru" _O�cr lluJo2e:-c>Dollars 4 EA $�� $ 4' Concrete Inlet with 4' nd Modified Base Dolla rs rs 25 for r LL 1 EA $Z[D $ 24100 2.5' Concrete Curb Inlet with Modified Base 26 for Gl�Jt��YF GG.1 k�r•ti n � Dollars 1 EA $ ��O U , $ ��0� ODOT CG-2 Inlet 11 27 forSrvc'rE�. I l.F. ,,)r R &=> Dollars 5 EA $ (700 00490—Work on Existing Sewers & Structures Connect Existing 8" SD to CG-2 Inlet $ $ 28 for �W N' A pQ-El� Dollars I EA Connect Existi 4" SD to New 4" SD $ $ 29 for �il� tt►Ir_ Dollars 1 En tOD 16' Connect New 4"Sanitary Sewer Service to Existing Sanitary S wer Main $ 4 C� $ 30 for 1e+ C ,> Dollars 2 EA Adjust Exis¢¢ng Water Valve Box 31 fo N oQ�o Dollars 5 EA $ CO $ -1r7 Q Adjust Exist ng Stgrm Drain Manhole /� 32 for t✓f9uQ- M ua o r7= Dollars 2 EA $-ft�0 $ Adjust Existing S Itary Sewer Manhole • 33 for due � :Z0 Dollars 4 EA $4-60 $ l GOo Adjust Exist' Water Meter Box $ 34 for Dollars 2 EA 0 Page 13 NO DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT • (FIGURES) 00596—Retaining Walls Retainin all,conventional Segemental $ $ 35 for �.T� Dollars 100 SF Z� Z000 00641 -Aggregate Subbase, Base, and Shoulders Aggregate Base(Includes base material under sidewalks and drive ays) $ 2 O $ 2 36 for Iy I Dollars 1,200 CY 7 7 0000 00744—Minor Hot Mixed Asphalt Concrete (MIBVIAQ Level 2, '/: Inc hlIDense MHMAC Mix � 37 fOr ��li: ).t LAND S DOIIaiS 4$5 TON $ �0o $ soo 00756—Plain Concrete Pavement Plain Concrete Pavement,6 Inches Thick with 7.5 ==mesh ovomesh 950 38 for Gi l� tnuo9-EO Dollars 365 Sy 00759-Miscellaneous Portland Cement Concrete Structures Concrete Curb and Gutter 39 for I! Dollars 1,980 LF $ $ 3 dU Straight Con rete u b • 40 for Dollars 665 LF $ 7� $ 3 &0 Concrete Sidewalk _ $ 41 for t I� Dollars 3,000 SF S $ Concrete Driveway 42 for SItC . Dollars 1,690 SF $ $ © ( 7d Concrete Valley Gutter 43 for ifil-��1�•1 Dollars 415 SF $ $ 4s S Concrete Pedes�tri,(n Ramp n�1 44 for p1.lE �4Nc�w '�—» Dollars 4 EA $ ��� $ W� 6"Extruded Curb for Driveway at 465 Schofield 45 for StJm Dollars 30 LF $ 20 00970—Highway Illumination Install(2)Streetlight per CD60a(Includes junction boxes and conduit ins allation to power source) $ $ 46 for - Dollars 1 LS Q 0 01070—Mailbox Supports Mufor ltiplailbo Supports 47 t'I�l� Dollars 2 EA $,5� $ i O� 00940-Signs Relocate Existing Stop Sign ¢- 48 for T�f) {�. Ntr Dollars 1 EA $200 • 01170—Potable Water Service Connections,2 Inch and Smaller Install Water ervice(Excavation and Backfill Only) q �� 49 for--i � le Dollars 2 EA $/Tt/ $ Sbo Page 14 • BID SUMMARY SCHOFIELD AND MONTE VISTA LID goo PROJECT NO. 2005-08 $ 2� GRAND TOTAL Page 15 The City reserves the right to reject any and all bids, waive formalities, or accept any bid which • appears to serve the best interests of the City in accordance with ORS 279B.100. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. The Bidder is X or is not a resident Bidder as defined in ORS 279A.120. Pilot Rock Excavation, Inc. Firm Name of Bidder ignature of Bidder Eg,uD L,4g:- Mks f Printed Name of Bidder Official Title C::, 1J 15 13 °9 State of Incorporation CCB Number Dated this -7 day of 2012. Name of Bidder Pilot Rock Excavation, Inc. Address (pSO 4F- ♦fit r.J C S`(' S'rE5*-i 4oz s 645%j r2hL PO1"'-r—blz 97sc�7 Telephone No. 5q-I (o(p9 9-LE5e • Page 16 Bond No. LAX711401 • BID BOND We,the undersigned, Pilot Rock Excavation Inc. as Principal, and American Safety Casualty Insurance Company as Surety, are held and firmly bound to City of Ashland,Oregon as OWNER, in the penal sum of Sixteen Thousand Dollars ($16.000.00)for the payment of which jointly and severally bind ourselves,our successors,and assigns. Signed this 6th day of March )012 The condition of.the above obligation is such that whereas the Principal has submitted to the City of Ashland, Oregon, a certain AID, attached and made a part of this BOND, to enter into a contract in writing, for the proposal of Schofield and Monte Vista LID. NOW,THEREFORE, (a) If this BID shall be rejected,or; (b) If this BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached (properly completed in accordance with the BID) and furnish a BOND for the faithful performance of the eontract, and for the payment of all persons performing labor or furnishing materials in connection with the contract, and shall in all respects perform the agreement created by the acceptance of the BID, then this obligation shall be void, otherwise the same shall remain in force and effect; • it being expressly understuud and agreed that the liability of the Surety for any and all claims under this BOND shall, in no event,exceed the penal amount of this obligation as stated. The Surety, for value received, stipulates and agrees that the obligations of the Surety and its BOND shallin no way impaired or affected by any extension of the time within which the - O may acre t suc /ID;and the Surety waives notice of any such extension. (L.S.) Pilot Rock Excavation, Inc. Principal American Safety Casualty Insurance Company Surety By: Tyle,4unning, Attorney-in-Fact I.MPO NT — Surety companies executing BOA ust appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon. • LAX711401 Of ATTORNEY KWW AWN oYi rt! ft" r"Mm CARFM rm 1 M a�p�kq�.aad by OW _ pra �naara, av�d Tiler ftnnir 9 #§*Wswleaa�aamwf^rar,lau owimm,FMM,xw~104xmmw g+~610wa�46MORf WO, AW �ntraa�a swragaa{vw av � _ prt�aeot�dar gar laaareadadandaa4�seu �Mam�eAin �a�n,a_ _ __ _ _ - = **�tu� raE� �r �arsra�aa -a & — - 1'� a1r� ad� — au�+a�a� sssay�� asnara�aw�nat�erara�t _- ®1aaa�a2Maaeaa aft -0 ca. ff*00 = «rMaY�re�asr�q'a+aq'A �+�l+r�'�g'a�arA�aau�NaklwdN�sm , m asap aAt��mvNrryla6anad,�:raaa+ynaw I�Cd Drags#am4 ra�eeayPaa9'Wh'4 � +P MFS91A4rrDfUMM Mxvaawymod, rass�a�anse,avawa4yageah9 nataapbaaddarrdtrtnang�Sa,Msc�nvparryoN�rr fa i~NOW byftPra to MW%f*4NWMWW00890W00 9aalydOfaNO0 M Wad)WaR§WA"ofAMs" 9arm a�dens0+yR4a�rlaaa� arl aaragryar �r�ay,au�9 �rdae4as��tsaeal�r�asN�+yasu�j aa�#aadsl�raraar mpanakg9au�4seal�f�tsara�7a6yaa�ee► at�ra�n�alsre�Yap�a�adta_- — a�asAgo" MAW" 44ar� 9W'!!ae Mreenav . RESOLYM runt a _ arm SAW"#~asd#w `o►19eCrampaggaaeypa oyt taanypwarraa —' aaaden/haraa-- as�dad'waryaawyl�4,a ,wad�ersa�raryNlipo afhsaly, avail aerctr�atwe ax�tl sad aeAaaaseajad altrWraaro Mrasaa+etaraaand aaoeds aoa6aa,�r nuna�Mya�red, W IWINM Soso oa parsNw Nowd,and wm pra wu tsav fit a�nadDyiP !audaai�ladDyi�$etaraldwrt °cmga r ®ward'"abydAC�, ,k�aa�oospa�Aq .#oas�hD.. .J!,aoaaAv�wn,�erNU, a�aaas�wrddAayaNSandagN�r M Bs rJre rra�ra aArauawan lia�§rty rw�aN�nu�rq,t�,a�rpawxlo4 auaaaprd Mt Nwa �Nlao as s�mra iaa�rs rdNS as 11ttl�asal at�aaN0AA1 aAdsaaNitaWaaax4ia7�vrMnt�Samatbc�arpwaaaaaF:draL�+e®asva06yar�erapNN�da aaadasrprvanda9N0 arrlgewd�nauaaDy�ardor. gam" t MI?015 Isv�M*SWaeverRttaaayr I�f snol�saa a drli4eaaeArBaNVd� OkaAera. ,Wtw aLOpmwaA1wA6gy brfxdoraw, vda aaaArda� a aA na�tNraa All "— a Ina, hum v� �F 1 Rte. Rh i t^r _ � - ., I z �7�� v YL46N8YFi� FCr�f€ETA�l9dr®Alll4LV0491L�MIf9T10di9ANTNTME Page 17 Bond premium based on final contract amount. Bond No.LM711401 PERFORMANCE BOND The undersigned Pilot Rock Excavation Inc as principal, further referred to in this bond as Contractor, and American Safety ag ial Insurance Company , 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 Three Hundred Forty-Four Thousand OnejALadred %xW-Four nnilarc Dollars{S 344 164.00 ). Contractor and City have entered into a written contract dated for the following project: Schofield and Monte Vista LLD. 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: I. 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 shalt 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. Page 18 Bond Number: L4X711401 Bond Agent: Bond Experts II Ltd Address: 4850 SW Scholls Ferry Rd. Suite 204, Portland, OR 97225 Telephone: 503.292.2582 SIGNED this 23 day of March 2012. WITNESS: 'CONTRACTOR: RZVrock Ex vation, Inc. _ B ll (Corporate Seal) Title: > �1z4�s 1 b4-+'TT Legal.Address: (.Sz> ta RN C 31- I o213 e_ ZTtZk-c_ �1�T, e;- l Attest: vgpvo _ I_ &�� V. `—Corporate Secretary WITNESS: SURETY: American Safety Casualty Insurance Company BY: (Corporate Seal) Title: Alto ev-in-Fact Legal Address: 100 G 11. ,r' P rkway. Suite 700.AUapta„QA 30339 Aft G eFate 'sste�y�:V� Page 19 P:AYMEINIT BOND The undersigned Pilot Rock Excavation Inc. as principal, further referred to in this bond as Contractor; and American Safety Casualty Insurance Company 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 Three Hundred Forty-Four Thousand One Hundred gixty-Four Dollars Dollars (S 344 164.00 ). Contractor and City have entered into a written contract dated . for the following project: Schofield and Monte Vista Dill. 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: I_ 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 2790.620, 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 Suretv 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.604 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment 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: Page 20 Bond Number: LAX711401 Bond Agent: Bond Experts II Ltd Address: 4850 SW Scholls Ferry Rd. Suite 204, Portland, OR 97225 Telephone: 503.292.2582 SIGNED this 23 day of March 2011. - WITNESS: CONTRACTOR: oc Ex vatiop,.lnc. 13y gEE� '— Title: i?at (Corporate Seal) Legal Address: Li5o t✓ Ru ST. roz(3 GEK aria _T_ ?— Attest: Corporate Secretary WITNESS: SURETY: American Safety Casualty Insurance Company By: (Corporate Seal) Title: A e -in-Fact Legal Address: 100 Galleria Parkway, Suite 700,Atlanta;GA 30339 Attest C-fffmZe rewy CUc IF — _ = - LAX711401 POWER OF ATTORNEY =�aa ai�a�r s uua Saar cw+�: ��aw+r e.��aar;s aao shed s,.��rn�e awe gseeatssiaudrs,saraade u,dsedarsS - - -1Ty1� R> aonA" raasadlb aaas,F*M,a+d is aabsha0ofont lesvow,asoff*,baada, and wasal5dsarsly�Opda vraits ALLOWOM preaau�da��#9n9pr�srlalUn�a,coalra�al�ueq'sh�O�acallMaak9er .autbwkl'Ah�1�sx�fA tn<a�rkvarri�af,eum W toss s Has �A t saa3 Ps ar'fS urA d3Atc tlsexdrsd�i�ap Vow tkrllaa�,(044;194.40 TtabPdxsr64ApaasySgrsaaafg�qd�bs�suaasss�edbyaasadas»obyws�an�r►q�ersavt� ttutkr,aa �rheear9s! �eCtsxsdtpae_CASaptpayfQ�6"dbyo? ?J08_ - -_ — - —_ — -=- 1�OL3�.fk�lArVr � -+aY4tlrra�Ya►�YAe�taM 's,�'y �twgpx��p++uA►w'ug' -6�Qa9�J�_ tr ttls Yer�R tIN �N1 ess�ease,Iar saws t�01 al�s'Ca�q',�`e aa/�rsr sa0 adJ1x#rs_ _ �dasrore0.�amg'przos.•�s7ar,�'pP dYstl> ;swds�do�erars-a,�rugs�wASlaeuq PtIS71Si8,tl+mo uq tarp, ,asurs�as stlyapas�U be w1i4 ad bYadhsg daaapasdssaPany�a9�aa ae4ava used by Psi vas>rwaMOa11 sad sWSW sad tow P s WN a re�versd)yyaay 91Sabrsai aA�la0 s3eastay a Gt9 *we"byftPr& Ma&sy wSea"yArA%MW& rOW tsrs060)by$d y asNNOMdepa�a*,W*Magi* awadygnaawrwdew Wof$t��dbrap�aw)byata am"�mJaspmbp 010te srdoNphfs" srfs "#Nftxw twtre a : PIART11 aerrrtl a eu val pa am-# �M~000saoft-Compaq � lOw*v �yt as y aiaewren�enav�as arr4a� �.�+ sa eb nsatrrrooar ssatlss�delr�udlhereEssmvlassas4sophmemjar0, �01f04TAf09ir +Dsraq 'k �awar4�M6isPa7r�-t�hstsaWPPxld,an917�mspr�wASbAr" SOW by 0 FA VOW sad by No trsareJ q M 610w M AMER,Nn� 's is f 7T -C�NTY8N w BB = 1 __ "�f _ �oth� A�sf6u9aat. ,belfarsaas dqa Of Sa , A!.,t9�ekraa�ai,ed�, me" MvM, ard�y�E _ bs 6 par Pravda aAr MIM�dWrry 4 bossfsate Cs r�rfg4 phi daptritl9a 4reartroad is a�d sassadetl pa9 801dN8 tr fuamsaC ga9t be taaweapis"d ose9ldddlpd!$hi9'Owdosesadsd~00 go aasruatisea+daoapawo-egg OwADOwssedfaa0byadsspa two a laeef dapasEkaaapput bsagatd lab auaaspasredd by lGrs a&rr. r < aA t VSttre duM WWCV� 'r dAdpsaaaxe a of Ow go for, iQft WPwaao(AQAar ade ttm, 7 A/1 ftragodesi�YAa�pas�iYOWNS,ii0ft DeWWSZ Of lV llvrCl�a 2-0 d L )a - sB ne A�5E,a}.�It r 4�FiFtASPd�lOrER 1i6�MBiA�P VNJiMRl19t8t1A9ffRd°aPLpS1Aum 66W11�dA�� Ib�iMSStAS#EP �P�rA�Rao�oa�u€aptstrl�dr�nrMY�r Page 21 �*Y of CITY OF ASHLAND ASHLAND; PUBLIC IMPROVEMENT CONTRACT SCHOFIELD AND MONTE VISTA LID Project No. 2005-08 This Contract is between the CITY OF ASHLAND a municipal corporation of the State of Oregon (hereinafter "City") .and Pilot Mock Excavation, Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract•is Scott•FleuM Project Manager, 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 Schofield and Monte Vista LID and WHEREAS, Contractor did on the 9tk day of '►` Aw-z-W , 2012, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. These recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration This contract is effective on March 20`h, 2012 or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before 90 calendar days from notice to proceed. 3. Statement of Work The work under this contract is for Schofield and Monte Vista LID, including street improvements curb and gutter, sidewalks driveways and other improvements as is more fully described in the Contract Documents, incorporated herein and made a part hereof by Page 22 this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this Schofield and Monte Vista LID for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed: $� � ;442;41, for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): Pilot Rock Excavation, Inc. Contact Name:V6mn L ragl a " Phone: 5!!fi t� 9Z.8 Fax: 541 G,Lr* 9Zi8 Address: (yam t= nwe 10?-P C-1=-E!Fg�EL l"Z, aWrX%z- Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License#6 Loo Z Construction Contractors Board 1 51139 Citizenship: Nonresident alien Yes X_ No Business Designation (check one): Individual _Sole Proprietorship _ Partnership �_Corporation _GovemmenUNonprofit The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. Page 23 number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard .Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2008 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; 1 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. Si o actor: itle 22 � � Date Printed Name: �p W-= NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. CITY OF ASHLAND SIGNATURE Approved: Mike Faught Director of Public Works, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated June 22, 2010 Coding: Reviewed: Lee Tuneberg, Finance Director (funds appropriated current fiscal year) Date Reviewed: David Lohman, City Attorney (approved as to legal form) Date Page 24 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: X (1) 1 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. X (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. X_ (5) Labor or services are performed for two or more different persons within a period of one year. X (6) 1 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. Pilot Rock Excavation, Inc, Contractor Date f tmr7. Page 25 EXHIBIT A • CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. C. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, • state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] Use of.Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. • Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Page 26 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 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 "Schofield and Monte Vista LID", Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLT) if applicable AND any 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, I Page 27 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. G. 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. 8. Notice to Proceed Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: • a'. Failure of the Contractor to correct unsafe conditions; Page 28 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 • 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. Page 29 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 11(b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and • shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. I Page 30 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 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.01 0(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 week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS Page 31 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.gov/boli . When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications 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. City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS • 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#32 Portland Oregon 97232. d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. 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] Page 32 • 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" Page 33 means the difference between the amount earned by a contractor on a public improvement • contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in accordance with the two options below: • The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the contractor. {or) • If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560 (1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the • City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations of the United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments Page 34 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. 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 ofwork, 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 Page 35 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%) retain age. 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 good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, • (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. 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 prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial. Completion by both parties, the City shall be Page 36 responsible for operation and maintenance of that part of the work described in the • Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall, not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include in • the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. C. If the Contractor believes the quantities and amounts specified in 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. Page 37 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. 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 Page 38 all right or remedy by way of restitution and quantum meruit for any and all extra work • performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and • ending on the date on which payment of the amount is due made; and B. Computed at the rate specified in ORS 279C.515 (2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] C. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS. 279C.580 (5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570 (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 Page 39 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 funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person 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 commercial paper in effect at the Federal Reserve Bank • in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.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. Page 40 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract: City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre- estimation of the damages expected because of a delay in the completion of this project. 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. Page 41 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 elepts 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 borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City • prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other 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 Page 42 financial assurance for any repairs done pursuant to the warranty obligation. Such separate • warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a 'required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605 (3)-(5). 30. Two-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within two years 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 two-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 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 Page 43 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 bat 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. 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 (NOAH) 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 Page 44 Transportation, Department of • Coast Guard Federal Highway Administration Water Resources Council State Agencies: Administrative Services, Department of Agriculture, Department of Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department • Local 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. Page 45 The solicitation documents make specific reference to known conditions at the construction • site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution: Within a reasonable period of time following delivery of an estimate of this section, the City may: (a) Terminate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (f) Issue the contractor a change order setting forth the additional work that must be • undertaken. If the City chooses to terminate the contract under either subsection (a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order.under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 34. Waiver • 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 Page 46 performed and materials furnished by the Contractor, or from showing that any such • measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson • County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing 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. Page 47 • 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: Scott Fleury, Project Manager City of Ashland Public Works Department 20 East Main Street Ashland, OR 97520 Contractor: 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-D 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 Page 48 EXHIBIT B • COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.800 and is available through the City Engineering Office at 51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. • Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than ■ $1,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. ■ Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than ■ $1,000,000 or ❑ $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 I Page 49 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. EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR • A. CONTRACTOR IS A CORPORATION 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. Entity Signature Date B. CONTRACTOR IS INDEPENDENT. Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor' if the standards 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. Page 50 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 represents 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. D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a • period of one year. F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor Signature Date Project Manager Signature Date • Page 51 Department of Public Works • SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS The requirements for contract work are contained in the "OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2008" Oregon Department of Transportation/ Oregon Chapter APWA, as amended by the City of Ashland's most current "ADDENDUM TO THE 2008 APWA STANDARD SPECIFICATIONS", hereinafter referred to as the "Standard Specifications". All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SECTION 00110—ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS Comply with Section 00110 of the Standard Specifications, supplemented as follows: 00110.20 Definitions—Add the following definition: Construction Contracts Unit—The City of Ashland or their designee. SECTION 00120—BIDDING REQUIREMENTS AND PROCEDURES Comply with Section 00120 supplemented and/or modified as follows: • 00120.00 Prequalification of Bidders—Substitute the following: On any proposed Public Works contract estimated at $10,000 or over, all Contractors shall comply with all laws of Oregon pertaining to the qualification of bidders, and particularly ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of Ashland at least five days before the published opening of bids. Prequalification applications are available at 51 Winburn Way, Ashland, OR 97520. 00120.05 Requests for Solicitation Documents—Substitute the following: Copies of the plans and specifications (Solicitation Documents) may be obtained at the City Engineering Office, located at 51 Winbum Way (mailing address: 20 E. Main St., Ashland, OR 97520). The agency will add the name of the entity intending to use the Solicitation Documents to the list of Holders of Bidding Plans. Bidders are cautioned that only Solicitation Documents obtained from the City may be used to submit bids. Plans and specifications may also be examined at the above office. Copies of the Standard Specifications may be ordered from the Contractor Plan Office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301-3871; phone (503) 986-3720. The Standard Specifications may also be downloaded from the ODOT's web site: I • http://www.oregon.gov/ODOT/HWY/SPECS/standard specifications.shtml Page 52 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions • to be encountered—Add the following paragraphs: Requests for clarifications specified above should go to: Contractual Questions to: James Olson Engineering Services Manager City of Ashland 51 Winbum Way Ashland, OR 97250 (541) 488-5347 Technical Questions to: Robert Gunter Project Engineer Marquess & Associates 1120 East Jackson P.O. Box 490 Medford, OR 97501 (541) 772-7115 There will be a non-mandatory pre=bid conference to be.held at the City of Ashland, Public Works Engineering Siskiyou Conference Room, 51 Winbum Way, Ashland, Oregon, at 2:00 P.M., February 28, 2012. All bidders are encouraged to attend this meeting. • 00120.40 Preparation of Bid - Delete subsection (a-2) Electronic Bids: Substitute the following subsection(e): (e) Bid Guarantee Each proposal must be accompanied by a certified check or bid bond in an amount equal to five percent(5%) of the total amount of the proposal as guarantee that if awarded the contract, the bidder will execute the contract and give bond as required. The successful bidder's check or bid bond will be retained until the bidder has entered into a satisfactory contract and furnished the one hundred percent (100%) performance bond and the one hundred percent (100%)payment bond. If a bid bond is submitted, bidders shall use the Agency's standard Bid Bond form included with the Solicitation Documents. Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. Forfeiture of Bid guarantees is covered by 00130.60, and return of guarantees is covered by 00130.70. 00120.40(c) Bid Schedule Entries - Replace the paragraph that begins "Using figures..." with the • following paragraph: Page 53 Using figures, Bidders shall fill in all blank spaces in the Bid Schedule. For each item in the Bid • Schedule, Bidders shall enter the unit price and the product of the unit price multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than two decimals, and shall be expressed in U.S. dollars and cents (for example, $150.25 or $0.37). Bidders shall also enter the total amount of the Bid obtained by adding amounts for all items in the Bid Schedule. Corrections or changes of item entries shall be in ink, with incorrect entry lined out and correct entry entered and initialed. 00120.40 (f) Disclosure of First-Tier Subcontractors - Disclosures will not be accepted via Email. 00120.45 Submittal of Bids—Delete the last sentence of the first paragraph and add the following: Sealed proposals for performing the work will be received by the Public Works Director, or his representative, at the Engineering Division Offices located at 51 Winbum Way, Ashland, Oregon until 2:00 P.M.,March 8, 2012, at which time proposals will be publicly opened and read. A contract for the work will be awarded or bids may be rejected, separately or entirely, within thirty days after opening. Remove subsection(b) Electronic Bids 00120.60 Revision or Withdrawal of Bids —Replace the second bulleted item in the first paragraph with the following: • • Changes are received by the Public Works Director's office before time of the bid opening, listed above, on the day of the Bid Opening. Replace the third bulleted item in the second paragraph with the following: • The request is received by the Public Works Director or his representative at the location specified in the Notice and in subsection 00120.45 of these provisions, prior to the time listed for the Bid Opening. Delete subsection (b) Electronic Bids. SECTION 00130—AWARD AND EXECUTION OF CONTRACT 00130.50 Execution of Contract and Bonds (a) By the Bidder—Substitute the following for the first paragraph: The successful Bidder shall deliver the required number of Contract Documents, with the properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation coverage, the Certification of Representation, and the required certificates of insurance to the City of Ashland within 10 Calendar Days after the date on which the Contract Documents are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all • documents received from the City and named in this Subsection, with original. signatures. Certificates of insurance shall also be originals. No copies of these documents will be accepted by the City. Page 54 SECTION 00140—SCOPE OF WORK • Comply with Section 00140 of the Standard Specifications supplemented and/or modified as follows: 00140.70 Cost Reduction Proposals -Delete this subsection in its entirety. 00140.90 Final Trimming and Cleanup—add the following bulleted items to this subsection: • Repair and restore soil grades and re-seed any damaged or settled areas, at the Contractor's expense. • Where private property(s) will be affected by construction but cannot realistically be restored to its pre-existing condition before the contractor will leave the site, agreement shall be reached with the owners of the property(s) regarding how the site shall be left and the Public Works Inspector shall review the agreement before the excavation or other work begins. Review clean-up of areas adjacent to private property with owners or owner's agents, grade non- landscaped shoulders, parkrows, or unsightly areas caused by the construction to a smooth condition free of sudden transitions, piles, or trip hazards, unless specific objections are raised by the property owner or owner's agent, If objections are raised, contact Public Works Inspector to inspect site and provide direction. Do not negatively impact trees or other adjacent plants. Refer to section 00290.30(e) of the Special Provisions for the City of Ashland Tree Protection specifications. c • Notify affected owners and occupants of adjacent properties of completion of clean-up prior • to leaving the site. Verify that no other clean-up work remains. • Submit revised permit drawing of installed utility locations if location changed. SECTION 00150—CONTROL OF WORK Comply with Section 00150 of the Standard Specifications supplemented and/or modified as follows: 00150.10 (a) Order of Precedence—Replace this subsection with the following subsection: 00150.10 (a) Order of Precedence - The Engineer will resolve any discrepancies between these documents in the following order of precedence. When there are differences or conflicts between the specifications,project plans, or Standard details, the conflict shall be resolved as follows: • Special Provisions/Permit requirements; • Agency-prepared drawings specifically applicable to the Project and bearing the Project title; • Reviewed, stamped Working Drawings; • Standard Drawings; • Approved Unstamped Working Drawings; • Supplemental Specifications • Standard Specifications Notes on a drawing shall take precedence over drawing details. Dimensions shown on the drawings, • or that can be computed, shall take precedence over scaled dimensions. 00150.50 Cooperation with Utilities - Replace subsection(b) with the following: Page 55 • The Agency has not made arrangements for planned Adjustments of Utilities. There are utility relocations identified in the plans. The Contractor shall meet with affected Utility Company representatives on a weekly basis or as requested to coordinate utility relocation efforts. The Contractor is advised that the requirements of Subsection 00150.50 (c), (d) and (e) still apply to work done under this contract. 00150.75 Protection_ and Maintenance of Work During Construction — Add the following paragraph: The Contractor shall clean and/or maintain existing streets, buildings, sidewalks, and other adjacent private improvements that are outside the work limits of this project if dirtied or damaged by _ construction activities. There will be no separate or added payment for this work. No track out onto City streets will be allowed. 00150.97 Responsibility for Materials and Workmanship—Add the following subsection: (c) Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting two years from the date of acceptance of the complete building or installation. The City.shall give notice of observed defects with reasonable promptness. • Add the following subsection: 00150.98 Adherence to Valdez Principles: On May 5, 1990,the Ashland City Council adopted the attached Valdez Principles. In addition to the requirements of ORS 279C.525, all contractors working within the City of Ashland shall adhere to the Valdez Principles in the course of their work. ; VALDEZ PRINCIPLES By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct responsibility for the environment. We believe that we must conduct the public's business as responsible stewards of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the City must not compromise the ability of future generations to sustain their needs. We recognize this to be a long term commitment to update our practices continually in light of advances in technology and new understandings in health and environmental science. We intend to make consistent, measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in a manner consistent with our other obligations under law. • Page 56 1. Protection of the Biosphere. 6. Safe Products and Service. • We will minimize and strive to eliminate We will provide services that minimize adverse the release of any pollutant that may cause environmental impacts and that are safe for environmental damage to air, water or earth consumers. We will inform consumers of the or its inhabitants. We will safeguard environmental impacts of our service. habitats in creeks, ponds, wetlands, natural Damage Compensation. areas and will minimize contributing to 7. We will take responsibility for any harm we global warming, depletion of the ozone cause to the environment by making every layer, acid rain or smog. effort to fully restore the environment and to Sustainable Use of Natural Resources. compensate those persons who are adversely 2. We will make sustainable use of renewable affected. natural resources, such as water, soils and Disclosure. forests. We will conserve nonrenewable 8. We will disclose to our employees and to the natural resources through efficient use and public incidents relating to our operations that careful planning. We will protect wildlife cause environmental harm or pose health or habitat, open spaces and wilderness, while safety hazards. We will disclose potential preserving biodiversity. environmental, health or safety hazards posed Reduction of Disposal of Waste. by our operations, and we will not take any We will minimize the creation of waste, and action against employees who report any wherever possible, recycle materials. We condition that creates a danger to the 3. will dispose of all wastes through safe and environment or poses health and safety responsible methods. hazards. Wise Use of Energy. Environmental Directors and Managers. We will make every effort to use 9. At least one member of management will be a environmentally safe and sustainable energy person qualified to represent environmental • 4. sources to meet our needs. We will invest interests and will commit management in and promote energy efficiency and resources to implement these Principles. conservation in our operations and that of Annual Assessment. our citizens. We will conduct and make public an annual Risk Reduction. 10. self-evaluation of our progress in We will minimize the environmental;health implementing these Principles and in and safety risks to our employees and the complying with all applicable laws and 5. communities in which we operate by regulations. employing safe technologies and operating procedures and by being constantly prepared for emergencies. SECTION 00160 - SOURCE OF MATERIALS Comply with Section 00160 of the Standard Specifications. SECTION 00165—QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications supplemented and/or modified as follows: • 00165.00 General—Add the following: Page 57 References to ODOT specifications, test methods and reporting requirements shall apply to all • materials and workmanship incorporated into this project, unless otherwise excluded under the Section and/or subsection for that work item. General Contractor is responsible to provide all testing and meet all ODOT Quality Control and Acceptance requirements through the use of an independent testing agency. SECTION 00170 -LEGAL RELATIONS AND RESPONSIBILITIES Add the following Subsection: 00170.01(e) City of Ashland Noise Control — Comply with the City of Ashland's Noise Control Ordinance. See Subsection 00290.30(e) for information about the City's code. 00170.02 Permits,Licenses, and Taxes—Add the following bulleted items to the end of the list: • The successful bidder shall, prior to the start of work, obtain a City of Ashland Business License. Sub-contractors on the project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. The Contractor shall obtain a permit from the City of Ashland for any work outside of hours permitted by the City's Noise Control Ordinance. See Subsection 00290.32 of the Standard • Specifications for other Contract Noise Control requirements. 00170.03 Furnishing Right-of-Way and Permits - Add the following to this subsection: Obtain all necessary Permits from the City of Ashland Public Works Department, & all other approving agencies where required, for all construction work within the Public Right of Way, in Public Utility Easements, or on Public Works owned or operated systems within or outside of City Limits a minimum of 3 days prior to commencing work. Notify all adjacent property owners, occupants, other utility companies, and organizations operating underground facilities in the area at the time of the permit application. Provide adequate prior notice (min 24 hours or as required) to allow those impacted by the work to adjust their schedules and patterns accordingly. Coordinate and adjust work as required to accommodate requests for shared trenching, common excavation, or coordination of layout and saw-cutting when requested by concurrent construction projects and utility facility operators. Notifications can be accomplished by mail,telephone conversation, door hangers, or door-to-door visit. Provide the following information in the notifications and update if the information provided changes: • Who will be doing the work & for whom (name and 24 hr phone number of contractor or permit holder). • What the project will consist of(e.g. excavation, patching, flatwork, etc), • Where the work will be done (in the public way and/or on private property), • When construction will begin and end (dates and time of day if outside normal working hours) Page 58 • 00170.85 (b) Contractor Furnished Warranties—Delete subsection (1): Replace the second paragraph of subsection(2)with the following paragraph: The Contractor shall warrant all Work and workmanship, including Changed Work, Additional Work, Incidental Work, On-Site Work, and Extra Work, and Materials and Equipment incorporated in the Work, for a period of two years from the date of final acceptance, except that manufacturer's warranties and extended warranties according to 00170.85(c) shall not be abridged. SECTION 00180 - PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications supplemented and/or modified as follows: 00180.40 Limitation of Operations—Add the following subsections: (c) The Contractor shall notify the City of Ashland and obtain their approval at least 48 hours prior to undertaking any work outside of normal working hours. Normal working hours for City Staff are 7:30 AM to 4:30 PM, Monday through Friday, excluding holidays. (d) Limitation of Operations — Limitation of operations specified in these special provisions include, but are not limited to the following: • • Work by other contractors 00150.55 • Noise Control 00170.02 • Project Time Restraints 00180.40 • Interim Completion Times 00180.50 • Final Completion Times 00180.50 • Traffic Restrictions 00220.40 00180.41 Project Work Schedules_Add the following to the end of this subsection: A two week revolving progress schedule and/or weekly progress meetings will also be implemented if found necessary by the Engineer. 00180.50 Contract Time To Complete Work - Modify 00180.50 and 00180.85 by including "Contract Times" and daily amounts of liquidated damages given in the following paragraphs (a), (b), and (c): (a) Complete all work,covered by Pay Items on all Bid Schedules, for the work on Schofield and Monte Vista LID, not later than 90 calendar days from issuance of Notice to Proceed. (b) Under(a) above,the daily liquidated damages will be $500.00 per Calendar Day. • SECTION 00195—PAYMENT Comply with Section 00195 of the Standard Specifications supplemented and/or modified as follows: Page 59 w00195.10 Payment for Changes in Materials Costs - Replace this subsection with the following subsection: 00195.10 Asphalt Cement Material Price Escalation/De-escalation - An asphalt cement escalation/de-escalation clause will be in effect during the life of the Contract. The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under 00 180.90, and this escalation/de-escalation provision shall not limit those rights. (a) Monthly Asphalt Cement Material Price (MACMP) - The Monthly Asphalt Cement Material Price (MACMP) will be established by the Agency each month. For information regarding the calculation of the MACMP, and for the actual MACMP, go to the Agency website at: http://www.oregon.gov/ODOT/HWY/ESTIMATrNG/asphalt fuel.shtm If the Agency selected index ceases to be available for any reason, the Agency in its discretion will select and begin using a substitute price source or index to establish the MACMP each month. The MACMP will apply to all asphalt cement including but not limited to paving grade, polymer modified, and emulsified asphalts, and recycling agents. The Agency does not guarantee that asphalt cement will be available at the MACMP. • (b) Base Asphalt Cement Material Price (Base) - The Base asphalt cement material price for this Project is the MACMP published on the Agency website for the month immediately preceding the bid opening date. (c) Monthly Asphalt Cement Adjustment Factor - The Monthly Asphalt Cement Adjustment Factor will be determined each month as follows: • If the MACMP is within t 5% of the Base, there will be no adjustment. • If the MACMP is more than 105% of the Base, then: Adjustment Factor=(MACMP) - (1.05 x Base) • If the MACMP is less than 95% of the Base, then: Adjustment Factor=(MACMP) - (0.95 x Base) (d) Asphalt Cement Price Adjustment - A price adjustment will be made for the items containing asphalt cement listed below. The price adjustment as calculated in (c) above will use the MACMP for the month the asphalt is incorporated into the Project. The price adjustment will be determined by multiplying the asphalt incorporated during the month fpr subject Pay Items by the Adjustment Factor. • The Pay Items for which price adjustments will be made are: Pay Item(s) Page 60 • Trench Patching(5" Depth HMAC) 00195.50 (a) (1) Progress Estimates — Replace the sentence that begins "At the same time each month..."with the following sentence: The Engineer will make an estimate of the amount and value of Pay Item Work completed through the final day of each month. 00195.50 (c) Forms of Retainage- Replace this subsection with the following subsection 00195.50 (c) Forms of Retainage — The only acceptable form of retainage is Cash, Alternate A as described below in subsection(1). (1) Cash, Alternate A - Retainage will be deducted from progress payments and held by the Agency until final payment is made in accordance with 00195.90, unless otherwise specified in the Contract. SECTION 00196—PAYMENT FOR EXTRA WORK Comply with Section 00196 of the Standard Specifications. SECTION 00197—PAYMENT FOR FORCE ACCOUNT WORK • Comply with Section 00197 of the Standard Specifications. SECTION 00199—DISAGREEMENTS, PROTESTS AND CLAIMS Delete Section 00199 of the Standard Specifications in their entirety and substitute the following: 00199.00 General — In any case where the Contractor deems extra compensation is due for work or materials not allowed by the Engineer, the Contractor shall in writing notify the Engineer of their intention to make claim for such compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor agrees to waive the claim for extra compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost shall not in any way be construed as proving the validity of the claim. Not withstanding any other notices that are required, in the event Contractor discovers any subsurface, latent or other conditions at the site differing materially from those indicated in the contract documents, the Contractor shall immediately notify the Engineer and not disturb them until the Engineer has reviewed such conditions. • Page 61 • PART II TECHNICAL SPECIFICATIONS • Page 62 CITY OF ASHLAND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION All Public Works Construction within the City Limits,within the Utilities Service Boundary, or planned to become a part of a system owned or operated by the City shall be constructed in accordance with the 2008 edition of the "Standard Specifications for Public Works Construcfion" ODOT/APWA as amended by the Project Special Provisions, as well as any special provisions included with the plans. All number references in the"Addendum" and Special Provisions shall be understood to refer to the Sections and Subsections of the Standard Specifications bearing like numbers and to Sections and Subsections contained herein in their entirety. The Standard .Specifications and "Addendum" are available to view at the City's Public Works Offices. Copies of the Standard Specifications & ODOT APWA standard drawings may be obtained from the ODOT Contractor Plans office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301; phone (503) 986-3720. The Standard Specifications are also available on line on ODOT's Web Site: • http://www.oregon.gov/ODOT/HWY/SPECS/standard specifications.shtml PART 00200 - TEMPORARY FEATURES AND APPURTENANCES SECTION 00210—MOBILIZATION Comply with Section 00210 of the Standard Specifications. SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications, supplemented, and/or modified as follows: 00220.02 Public Safety and Convenience - Add the following bullets to the end of this subsection: • The Contractor shall not work within the limits of this project during the period starting at 12:00 PM(noon) or`the day preceeding holiday periods and ending at the beginning of the work shift on the day after the holiday period. The holiday period will include the weekend that is closest to the holiday, either before or after. • • When construction requires the closure of a sidewalk or sidewalk ramp, place a "SIDEWALK CLOSED" (R9-9-12) sign and a "SIDEWALK CLOSED CROSS HERE" Page 63 (R9-1 la-12) sign, as shown on Standard Drawing RD908. Mount each sign using one of • the following methods: o Between the panels of the Type II barricade or, o On a single-post TSS according to Standard Drawing RD911 with the TSS placed behind a Type II barricade Close the sidewalk at a point where there is an alternate way to proceed or provide an alternate pedestrian route. Pave the alternate pedestrian route surface or provide an approved, non-slip 910 mm (36 inch)minimum wide surface meeting the requirements of the Americans with Disabilities Act (ADA). If appropriate, delineate this route and protect pedestrians by placing pedestrian work zone delineation fencing. Fencing is to remain in place, except as required for actual work, until the sidewalk is reopened to pedestrian traffic. Reopen the sidewalk during non-work hours or continue to provide an alternate route for pedestrians. As a minimum, provide alternate pedestrian routes that match existing facilities and provide additional TCM to meet the accessibility requirements in Part VI of the 2003 MUTCD. • When construction requires the closure of a sidewalk, notify, in writing, the City of Ashland Public Works Department at least 48 hours in advance of the closure. Do not close the sidewalk until the City provides written approval. After approval, provide 48 hour public notification prior to closing the sidewalk. • • Obtain permission from the City of Ashland before closing any city street. No city street closure will be permitted until the Engineer approves it and the area is signed according to Section 00225. • Notify the Engineer, in writing, all affected emergency services, school districts, and US Postal Service at least 14 days in advance of the street closure. 00220.40(a) Traffic Nuisance Abatement—Add the following to the end of this subsection: Flushing with water to clean roadway surfaces is not permitted unless mechanical cleaning methods have been used and the Engineer determines that this process is necessary. 00220.40(e) Lane Restrictions Do not close any traffic lanes between: • 4:00 p.m. on Fridays and 7:00 a.m. on Mondays. • Noon on the day preceding legal holidays or holiday weekends and 7:00 a.m. the day following legal holidays or the last day of holiday weekends, except for Thanksgiving, when no lanes may be closed between noon on Wednesday and 7:00 a.m. on the following Monday. • For the purposes of this section, legal holidays are as follows: I Page 64 • New Year's Day on January 1 • • Martin Luther King Day on the third Monday in January • Presidents Day on the third Monday of February • Memorial Day on the last Monday.in May • Independence Day on July 4 • Labor Day on the first Monday in September • Thanksgiving Day on the fourth Thursday in November • Columbus Day(observed) on the fourth Friday in November • Christmas Day on December 25 When a holiday falls on Sunday, the following Monday shall be recognized as a legal holiday. When a holiday falls on Saturday, the preceding Friday shall be recognized as a legal holiday. Roadways shall be free of barricades or other objects and all lanes opened to traffic during all the restrictive periods listed above, unless engineer deems area unsafe and requests that traffic control items remain in-place. 00220.60(a-1) Contractor Responsibility - Add the following bulleted item to the end of this subsection: • Keep the surface being used by bicycles free of all dirt, mud, gravel and other harmful materials. The surface includes bike paths, bike lanes, roadway shoulders or the outside 6 feet of the roadway. • SECTION 00225—WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications, supplemented and/or modified as follows: 00225.11 Temporary Signing - Replace the sentence that begins "Furnish new or acceptable temporary signs..." with the following sentence: Use temporary signs meeting the requirements of the "Acceptable" category shown in the American Traffic Safety Services Association (ATSSA) "Quality Standards for Work Zone Traffic Control Devices" handbook and the following: 00225.32 Traffic Control Supervisor - Add the following paragraph and bullet points at the end of the section: When the bid schedule does not include an item for a TCS, appoint a qualified and competent person on the jobsite during working hours and on call at all other times who: • Meets the requirements of 00225.31 • Is responsible for maintaining all TCD in proper position and condition • Is equipped with a two-way radio with a range suitable for the Project • • Has the authority to assign and control flagging operations • Files his/her name and phone number with the Engineer and local police Page 65 • 00225.41(b-2) Portable Sign Supports - Replace the second from last bullet with the following bullet: • Use only with roll-up signs from the QPL 00225.80(a) Quantity Limitations—Add the following bullet: • The quantities approved in contract change orders 00225.87 Flaggers -Replace this subsection with the following subsection: 00225.87 Flaggers — Unless specified as a separate bid item, the use of flaggers is considered incidental to the "Work Zone Traffic Control" Bid Item. No additional payment will be made for the temporary illumination required for nighttime flagger operations unless specified as a bid item. 00225.90(a-1) Pay Quantities - Replace the first sentence of the paragraph that begins "All TCD damaged by ..." with the following sentence: All TCD damaged by public traffic and replaced by the Contractor, except temporary signing and temporary electrical signs will be paid for at the Contract price for the pay items listed in the Schedule of Items or in approved Contract change orders,unless otherwise specified. • 00225.90(b) Method `B" — Lump Sum Basis — Replace this subsection with the following subsection: 00225.90(b) Method "B" — Lump Sum Basis - Payment for the item "Work Zone Traffic Control will be made at the Contract lump sum amount and will be for temporary protection and direction of traffic, flaggers, pilot cars, traffic control supervisors, furnishing, installing, moving, operating, maintaining, inspecting and removing materials and traffic control devices, and for famishing all equipment, labor, and incidentals necessary to complete the work as specified. In addition, 00225.91 thru 00225.99 will be paid under the "Work Zone Traffic Control" bid item unless otherwise noted. SECTION 00280—EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications, supplemented and/or modified as follows: 00280.40 Installation -Replace this subsection with the following subsection: 00280.40 Installation - Install erosion and sediment control devices as shown and according to the ODOT Erosion and Sediment Control Manual. Install devices before performing clearing, grading, or other land alteration activities. Ensure that no visible and measurable sediment or pollutants leave the Project boundaries, enter waterways or drainage systems, or violate • applicable water standards. Page 66 For purposes of this requirement, 'visible and measurable" is defined as: • 0 Deposits or tracking of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on any private or public street or adjacent property, or into any storm or surface water drainage system, either by direct deposit, dropping or discharge, or as a result of erosion; or • Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion, such as rivulets on bare slopes where the flow of water is not filtered or captured on the site; or • Earth slides, mudflows, earth sloughing, or other earth movement off the Project site. 00280.48 Emergency Materials - Add the following paragraphs after the paragraph that begins "Provide,stockpile, and protect..." Provide and stockpile the following emergency materials on the Project site: Item Quantity Bio-Filter Bags . 5 Silt Fence 100 LF Catch Basin Filter 5 . SECTION 00290 ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications, supplemented or modified as follows: Add the following subsection 00290.30(d) City of Ashland Tree Protection The Contractor shall take all necessary precautions to avoid damage to existing trees within the work area. As a minimum, the contractor will provide the following: • Protective Fencing: As indicated on the plans or as directed by the engineer, the contractor shall provide temporary Chain Link Fencing. Fencing shall be installed at the drip line of the trees. 1. Chain link fencing shall occur around all existing trees and planted areas to be "saved and protected' and existing trees in adjacent areas, that occur within 30 feet of a demolition feature requiring the use of heavy equipment, for example, built structures, buildings and retaining walls, and around trees adjacent to the paths of travel for demolition and construction equipment. Install metal tee posts plumb and evenly spaced not to exceed eight feet along the fence line. Drive posts 18 to 24 inches into the ground; adjacent posts shall be within four inches of the same height above grade. • .2. All chain link fence support posts shall have a minimum spacing distance of eight feet on center. Posts shall be placed in. 18-24 inches deep, six-inch diameter Page 67 • augured hole and backfilled with 3/4 inch minus crushed rock. All posts shall be made vertical and ridged to top of fence. If support roots of trees are encountered during post placement, move post to next acceptable location or consult the City's arborist. • Tieback Protection: Protect existing trees and plants against any and all types of damage. Tie back all flexible limbs and overhead branches which may, in the opinion of the Landscape Architect and or representative arborist, may be damaged by the passage or activity of equipment. • Excavation: 1. Minimize Excavation: Install shoring or other protective support systems to minimize sloping or benching of excavations. 2. Excavation Within Drip Line: Do not excavate within tree drip line, unless otherwise indicated. No tree limbs may be removed without the written approval of the representative arborist. Excavation within drip line shall only occur under the direction of the representative arborist. Major lateral roots or taproots shall not be cut unless approved in writing by the arborist or under the direction of the representative arborist. Where excavation for new construction is required within tree drip lines, hand excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. a. Notify project arborist to review areas of impact 48 hours prior to initiation of work. • b. Relocate roots in backfill areas wherever possible. C. Roots encountered immediately adjacent to location of new construction and relocations are not practical, are to be cut appropriately three inches (75 mm) back from new construction. Prune torn roots with clean cut. d. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. C. Water and maintain in a moist condition and temporarily support and protect roots from damage until they are permanently relocated and covered with earth. • Utility Trenching: Where utility trenches are required within tree drip lines, tunnel under or around any roots greater than two inches in diameter by drilling, pipe jacking, or digging by hand. 1. Notify project representative arborist to review areas of impact 48 hours prior to initiation of work. 2. Root Pruning: Do not cut main lateral roots or tap roots; cut only smaller roots that _ interfere with installation of new work. Cut roots with sharp pruning instruments; do not break or chop. If in doubt, contact arborist. 3. Consult with arborist to determine if soil aeration may be necessary following utility installation if excessive compaction results from heavy equipment. • Regrading: • 1. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist. Page 68 • a. Notify project arborist to review areas of impact 48 hours prior to initiation of work. b. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or tap roots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. C. Do not alter original grade more than three inches (75 mm) within drip-line of retained trees. 2. Minor Fills: Where existing grade is six inches (150 mm) or less below elevation of finish grade shown, fill with planting soil mix. Place planting soil mix in a single un-compacted layer and hand grade to required finish elevations. • Tree Pruning: 1. General: a. All tree pruning shall occur under the direction of the arborist. Notify the arborist to review areas of impact 48 hours prior to initiation of work. b. Evaluate all trees, which are to remain within the limits of work for desired pruning. Prune as directed by the arborist. C. Prune to compensate for root loss caused by damaging or cutting root system, health of trees, appearance, and public safety. d. Provide subsequent maintenance during the Contract period as recommended by arborist. e. Cut branches with sharp pruning instruments; do not break or chop. 2. Pruning Standards: Prune trees according to the National Arborist Association's • "Pruning Standards for Shade Trees." a. Class II: Standard Pruning. b. Class III: Hazard Pruning. C. Class IV: Crown-reduction Pruning. • Tree Care During_ Construction: I. Irrigation: a. Provide one inch of irrigation water per week to the root system during the growing season. b. Provide irrigation during the work of this contract. 2. Construction Traffic: Construction traffic within tree protection zones is to be avoided. If limited access must occur, protect root zone from compaction with a 4" layer of wood chips followed by a layer of plywood over all root zone areas subject to traffic. After construction,plywood and chips are to be removed. • Tree Repair and Replacement: 1. Promptly repair trees damaged by construction operations to prevent progressive deterioration. 2. Remove and replace dead and damaged trees that the arborist determines to be incapable of restoring to a normal growth pattern. • Disposal of Waste Materials: • 1. Burning on Owner's Property: Burning is not permitted on Owner's property. Page 69 • 2. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner's property. 00290.32 Noise Control - Add the following to the end of the bulleted item list: • City of Ashland Noise Control — In addition to the restrictions above, comply with the City of Ashland's Noise Ordinance, Ashland Municipal Code 9.08.170.13. Where ever there is a conflict between the City's code and the provisions of subsection 00290.30(d) of the Standard Specifications, the more restrictive provision shall apply. The Contractor shall be responsible for applying for any variances they deem to be desirable for their operations. Denial of any and all variance requests will not be considered in any requests for extension of time to complete work, or for increased compensation. 00290.90 Lump Sum Basis—Add the following paragraph: Payment shall be made only if there is a bid item, otherwise, providing environmental protection is considered incidental to one or more existing bid items. PART 00400—DRAINAGE AND SEWERS SECTION 00405—TRENCH EXCAVATION, BEDDING AND BACKFILL • Comply with Section 00405 of the Standard Specifications supplemented and/or modified as follows: 00405.14 Trench Backfill- Replace this subsection with the following: 00405.14 Trench Backfill -Use the following materials where shown or required: (a) Class A Backfill - Use native or common material that, in the opinion of the Engineer, meets the characteristics required for the specific surface loading or other criteria of the backfill zone. In areas not subject to traffic or landscaping fill placement, use Class A (Native Soil) or better. (b) Class B Backfill - Use granular material consisting of gravel or crushed rock meeting the requirements of Section 00641. Designated size shall be 25.0 mm - 0 (1" - 0) or 19.0 mm 0 (3/4" - 0). In areas subject to traffic beneath new paving, with a depth per the street cross-section included in the project plans, use Class B (3/4" or 1" Minus Crushed Rock) or better. (c) Class C Backfill - Use clean sand with no particle size larger than 6.3 mm(1/4 inch). For electrical, communication, & gas lines within 12" of lines, use Class C (clean Sand) only. • (d) Class D Backfill - Use pit run or bar run material, well graded from coarse to fine. The maximum dimension shall be 75 mm (3 inches). In areas subject to traffic beneath new Page 70 paving, with a depth per the street cross-section included in the project plans, use Class D • (Pit or Crusher run Rock) or better. (e) Class E Backfill - Use Controlled Low-Strength Material (CLSM) conforming to Section 00442. In existing paving areas for fill less.than 24" below pavement, use Class E (Sand Slurry) only. Other areas greater than 24" below the pavement may be determined to be backfilled using Class E. These areas shall be shown on the project plans. 00405.40(a) Limitation on Commencement—Add the following to this subsection: Notify all abutting property owners and occupants minimum 72 hours prior to commencement and provide the following information: • Who to contact for questions (Representative for the General Contractor). • What areas will be excavated, and what will be replaced • When the work will be completed. (Re-notify if schedule changes) 00405.46(a) General—Replace the paragraph that begins with "Test for..."with the following: All fill material placed within the Public ROW or PUE except Class E (Sand Slurry) shall be tested for adequate compaction in accordance with this standard specification unless specifically excluded in the approved project drawing General Notes. In addition, meet the following additional material specific requirements. • (1) Class A, B, and C backfrll: • Submit AASHTO T99 maximum density tests for all materials requiring compaction. • Field-Testing locations are to be determined by the Public Works Inspector. • Provide field compaction test results within 48 hours of testing to the Engineer. • Conduct at least one test per 300 LF of roadway or trench, per lift but not less than 3 per lift shall be done. If initial testing does not meet specified minimum, the Engineer of Record shall specify the retesting, removal, or compaction required. Exception: If backhoe mounted compactors are used; Public Works Inspector may elect to substitute visual observation of compaction for testing • Test for cohesive fill materials (e.g. Clay Soils) used as support for permanent Structures in accordance with Current UBC Standards for Expansiveness. Obtain acceptance from the Engineer of Record for the use in the specific application proposed on the Plan Drawings and/or Soils Report (Class A Backfill Only) (2) Class D backftll.• • Proof roll with a fully loaded 10-yard dump truck or as acceptable to the Engineer. Obtain no greater that 1/4" observed surface deflection. • Record Drawings ("as-builts"), shall indicate locations of differing fill materials and dig- outs. Submit any Soils Reports prepared in conjunction with the project as-built • documents as part of the Record Drawings. Page 71 • (3) Class E backfill: • Use only the pre-approved CSLM mix specification indicated on the standard trench details. Protect backfilled area from traffic for a minimum of 72 hours. Add the following to the end of this subsection: Additional Compaction Testing Requirements: • Contractor shall employ an independent testing agency to provide testing • Contractor to provide source certification& maximum density data for each backfill type s used. 00405.46(c-2) Class A, B, C, or D Backfill-Replace the last paragraph with the following: When the backfilling is complete, finish the surface area as specified. In paved or graveled areas, maintain the surface of the trench backfill level with the existing grade with cold mix asphalt until final pavement replacement is complete and accepted. Contractor shall maintain trench to reduce and/or remove potholes or abrupt edges, and shall also sweep and remove loose and scattered rock. Trenches left unpaved shall be properly signed with `Bump", or "Slow" signs, as directed by the Engineer. • 00405.48(c) Pavement, Curb, & Sidewalk: - add the following In the 2nd paragraph, 3rd lines, after"undermined or damaged surfacing" add the following: "or existing irregularities & variations from the normal tolerances for smoothness. Use a 12 foot straightedge placed perpendicular to trench to determine extent of undermined or settled paving. Sawcut and remove any portion of asphalt more than 0.02' low." At the end of the 2nd paragraph, add the following: "Re-sawing is required on all trench patching except where written approval to waive re-sawing has been obtained from the Public Works Inspector prior to patching". At the end of the last paragraph, add the following: "Excavation Contractor may elect to sub- contract the final re-sawing of the pavement edges to the resurfacing sub-contractor, but shall notify the Public Works Inspector prior to patching. The extent of paving to be re-sawcut & removed shall be verified with the Public Works Inspector prior to re-sawcutting." ' 00405.81 Rock& Boulder Excavation—Add this to the beginning of this subsection: Unless otherwise defined in the Specifications, the term "rock" or "boulder" shall be understood to mean: • Removal of all material which by actual demonstration cannot, in Owner's judgment, be • reasonably removed with equipment comparable to Caterpillar 225 excavator or Page 72 • Caterpillar D-8 tractor which are equipped with rippers, rock teeth, and standard sized buckets, and in fact must be broken by power tools designed for rock excavation. • In trenches, boulders or pieces of concrete below existing grade larger than 1/3 cubic yard will be classified as rock if power tools designed for rock excavation are required for removal. 00405.90 Payment—Add the following paragraph to the end of this subsection: In the event that unanticipated rock excavation is encountered, the unit price for same is hereby pre-established at One Hundred Dollars ($100) per cubic yard. If 20 percent or more rock is encountered than included in the bid item, all rock in excess of the bid item shall be considered unanticipated and paid at the dollar amount above. By submittal of a proposal for the project, Bidders acknowledge the sufficiency of the above unit price for unanticipated rock excavation. SECTION 00440- COMMERCIAL GRADE CONCRETE Comply with Section 00440 of the Standard Specifications supplemented and/or modified as follows: 00440.14 (d) Hardened CGC - In the first sentence, replace "00440.12" with "00540.17(c)". SECTION 00495—TRENCH RESURFACING • Comply with Section 00495 of the Standard Specifications Supplemented or Modified as follows: Hot Mix Asphalt Concrete shall comply with Section 745 Hot Mixed Asphalt Concrete (HMAC). 00495.00 Scope—Add the following at the end of this subsection: Before trench resurfacing begins, sweep all surfacing clean and free of loose aggregate or other foreign material. Contractor shall provide street sweeping for large projects as directed by Public Works Inspector 00495.10 Materials—Add the following paragraph at the end of the subsection: Provide emulsified asphalt tack coat material for sealing edges of asphalt concrete pavement according to 00730.11. 00495.80 Measurement - In the first paragraph replace the last sentence with the following sentence and bullets: The width will be the nominal inside diameter of the pipe plus: • • 18 inches for pipes less than 24 inches in diameter Page 73 • 24 inches for pipes'between 30 inches and 72 inches, inclusive • PART 00700—WEARING SURFACES SECTION 00730—ASPHALT TACK COAT Comply with Section 00730 of the Standard Specifications supplemented and/or modified as follows: 00730.11 Emulsified Asphalt—Replace the fourth paragraph with the following paragraph: Dilution of the tack coat material may be performed when allowed by the Engineer. If dilution is allowed, for every part emulsion, do not add more than one part water. Add water and mix with emulsified asphalt as recommended by the asphalt supplier. The exact proportion of added water will be determined in a manner acceptable to the Engineer. 00730.80 Water- Add the following paragraph at the end of the subsection: Water added to dilute the emulsified asphalt tack coat after it is manufactured will not be measured. SECTION 00744—MINOR HOT MIXED ASPHALT CONCRETE (MHMAC) PAVEMENT • Comply with Section 00744 of the Standard Specifications modified as follows: 00744.11(a) Asphalt Cement—Replace the sentence that begins "Use PG 64-22 or..." with the following sentence: Use the grade of asphalt as shown. 0744.16 MHMAC Acceptance—Replace this subsection with the following subsection: 0744.16 MHMAC Acceptance —'A CAT — 1 shall perform a minimum of one asphalt content, gradation, mix moisture, and Maximum Specific Gravity (AASHTO T 209) test per day and provide results to the Engineer by the middle of the following work shift. The Contractor shall also provide split samples to the Engineer when requested. Testing may be waived upon written notice and accepted visually by the Engineer according to Section 4(B) of the MFTP. When three or more tests are performed on a project, a price adjustment will be calculated according to 00744.95. Y Add the following subsection: 00744.17 Small Quantity Acceptance — When less than three test results are obtained on a project and testing has not been waived by the Engineer, the MHMAC will be accepted • according to the following: Page 74 (a) Within Specification Limits — If all sublot sample test results are within specification • limits for all constituents (including compaction) the material will be accepted and the full bid price will be paid for the material represented by that test. (b) Outside Specification Limits — If. a sublot sample test result for any constituent is outside the specification limit the Engineer will have the backup sample tested. 1) Backup Within Specifications — If the backup sample test results for all constituents are within specification, the material will be accepted and the full bid price will be paid for the material represented by that test. 2) Backup Out of Specifications — If the backup sample test results are out of specification, the Contractor may choose to accept the price adjustment calculated according to 00744.95 or may choose to sample the in-place material for further testing. The price adjustments will be computed using all original test results as well as all backup test results. (If there are less than three tests, average the two tests you have and use"the average as the third test result.) In no case will the composite pay factor(CPF) be greater than 1.0. 3) In-Place Samples — If the in-place material is sampled, the Engineer will select and sample from three random locations from the area represented by the lot in question. Those samples will be tested and if found to be within specification the material will be accepted and paid for at the full bid price. If the material proves • to be outside of the specification limits, the mateial will be accepted and paid for at an adjusted price according to 00744.95. In no case will the CPF be above 1.0. 00744.49 Compaction—Replace this subsection with the following subsection: 00744.49 Compaction—Immediately after the MHMAC has been spread, struck off, and surface irregularities and other defects remedied, roll it uniformly with rollers meeting the requirements of 00744.24 until compacted to a minimum of 91% of MAMD. Perform finish rolling and continue until all roller marks are eliminated. Determine the density of each sublot by averaging five QC tests performed at random locations by a CDT with the nuclear gauge operated in the backscatter mode according to WAQTC TM 8. Calculate MAMD according to ODOT TM 305. When less than three sublot test results are obtained on a project, the MHMAC will be accepted according to 00744.17. Perform a minimum of one sublot density test per day. The Engineer may waive compaction testing upon written notice. 0744.80 — Measurement — Delete the paragraph that begins "no separate measurement will be made...". 00744.90 Payment — Delete the paragraph that begins "No separate or additional payment will be made for the asphalt tack...". Add the following subsection: • Page 75 00744.95 MIfMAC Price Adjustments — The Composite Pay Factor (CPF), calculated • according to 00165.40 will be applied to the Contract unit price for the pay items of 00744.90 and to the applicable lot quantities. The CPF will be made available to the Contractor within 24 hours of receipt of the required quality control test results. If less than three samples are tested, the CPF will be computed as outlined in 00744.17. The maximum CPF for any case will be 1.0. Use the following table to determine price adjustments in the CPF for constituents of MHMAC. Dense Graded MHMAC Type Gradation Constituents Weighting Factor(f) All Aggregate Passing 3/4" 1/2" 3/8" F, 1 3/4" 1 1 1/2" 1 1 1 3/8" 1 No. 4 5 5 5 No. 8 5 6 6 No. 30 3 3 3 No. 200 10 10 10 Other Constituents • Asphalt Content 26 26 26 Moisture Content 8 8 8 Compaction 40 40 40 Those MHMAC constituents statistically evaluated will be eligible for a maximum PF of 1.00 (see 00165.50(b-1)), unless otherwise specified. If these specifications do not require measurement of a constituent its individual PF will be considered 1.00 in calculating the CPF according to 00165.40. A price adjustment will be determined by the following formula: (CPF— 1) x MHMAC Unit Price x (LQ) _ Where LQ is the quantity of mixture in the lot PART 02000—MATERIALS SECTION 02001 - CONCRETE Comply with Section 02001 of the Standard Specifications supplemented and/or modified as follows: • 02001.31(b) Pozzolans - Replace this subsection with the following: Page 76 (a) Pozzolans - Except for HPC, pozzolans may be used in concrete to replace a portion of • the cement and as an additive to increase the total amount of cementitious materials. As a replacement for cement, fly ash may comprise up to 20% of the minimum specified cement content. • • 9PILORO OP ID:JS Ak.--- CERTIFICATE OF LIABILITY INSURANCE UATEp119112YI 03/19/12 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: N the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, 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 541-779-423 NAME: Hart Insurance 541.772�9g PA",D°No E Arc No 1123 Royal Ave. Medford, OR 97504 ADDRESS: Hart Insurance/Medford INSURERS AFFORDING COVERAGE NAIC INSURERA:Ohio Security Ins Co 41939 INSURED Pilot Rock Excavation Inc INSURERB:Western American Ins Co 41939 650 E Pine St Ste 102b Central Point,OR 97502 INSURER C: NSURER D NSURERE: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X BKS54855191 07/20/11 07/20/12 PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 15,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENIE AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP ASS $ 2,000,00 X POLICY PRO- LOC $lFrT AUTOMOBILE LIABILITY Ea accident 1,000,00 B ANY AUTO BAWS4855191 07/20/11 07120/12 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS X AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X µOWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,00 A I EXCESS LIAR CLAIMS-MADE US054855191 07/20/11 07/20/12 AGGREGATE $ 1,000,00 X 10 000 WORKERS COMPENSATION WC STARY 0 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEREXECURVE ❑ L N/A E.I.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYE $ II yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLIOY LIMIT A Lease/Rented Equip BKS54855191 07/20/11 07120112 Limit 25,00 Ded. 50 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom specs Is required) E:Schofield/Monte Vista Street Improvement. City of Ashland and its employees and agents are included as additional insured as respects to general liability per form CG8583 10/09 attached. CITYASH 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. 20 E.Main Street AUTHORIZED REPRESENTATIVE Ashland,OR 97520 Hart Insurance/Medford O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Prenses Rented To You as described in Section III—Limits of Insurance. 2. Paragraph 6.under Section III—Llm0s of Insurance is replaced by the following: S. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you;or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning,explosion,smoke or leakage from automatic protection systems;or b. Contents that you rent or lease as part of a premises rental or lease agreement. As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner,or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1.Insuring Agreement of Section I—Coverage C—Medical Payments,Subparagraph(b) of Paragraph a.is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident;and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B,Paragraph 1.b.is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit',including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2.under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury', "property damage'or'personal and advertising injury caused by: 02010 Liberty Mutual Insurance Company. All rights reserved. CG 88 11 10 09 Includes copyrighted material of Insurance Services Office Inc.,with its permission. Page 3 of 7 a. Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance of your ongoing operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury'or-property damage'occurs,or the-personal and advertising injury"is committed,subsequent to the signing of such written contract or written agreement; or b. Premises or facilities rented by you or used by you;or C. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization;or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury",'property damage',or"personal and advertising injury arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage"included within the "completed operations hazard. (3) Insurance applies to premises you own,rent,or control but only with respect to the following hazards: (a) The existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,canopies,cellar entrances,coal holes,driveways, manholes,marquees,hoist away openings, sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction,erection,or removal of elevators;or (c) The ownership,maintenance,or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above,a person's or organization's status as an additional insured under this endorsement ends when: (1) AJI work,including materials,parts or equipment furnished in connection with such work,on the project(other then service,maintenance or repairs)to be performed by or on behalf of the 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. With respect to Paragraph t.b.above,a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence'which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a .suit"by the additional insured as required in Paragraph b.of Condition 2.Duties In the Event Of Occurrence,Offense,Claim Or Suit under Section IV—Commercial General Liability Conditions. 2. With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: 02010 Liberty Mutual Insurance Company. All rights reserved. CG 88 11 10 09 Includes copyrighted material of Insurance Services Office Inc.,with its permission. Page 4 of 7 This insurance does not apply to: a. "Bodily injury'or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. C. "Bodily injury',"property damage"or"personal and advertising injury'arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: (1) The preparing, approving,or failing to prepare or approve,maps,shop drawings,opinions, reports, surveys,field orders,change orders or drawings and specifications;or (2) Supervisory,inspection,architectural or engineering activities. d. °Bodily injury'or"property damage"occurring after: (1) All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the 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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION N—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess,and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b.Excess Insurance: When a written contract or written agreement,other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement,or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary,excess,contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement underthis policy. 1. The following is added to Condition 2.Duties In The Event Of Occurrence,Offense,Claim or Suit: ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 11 10 09 Includes copyrighted material of Insurance Services Office Inc.,with its permission. Page 5 of 7 www.salf.com OREGON WORKERS COMPENSATION Q,saif CERTIFICATE OF INSURANCE corporation MAIL TO: CERTIFICATE HOLDER: PILOT ROCK EXCAVATION INC CITY OF ASHLAND 650 E PINES ST STE 102B 51 WINBURN WAY CENTRAL POINT, OR 97502 ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 734150 05/01/2012 to 05/01/2013 03/19/2012 INSURED: BROKER OF RECORD: PILOT ROCK EXCAVATION INC 650 E PINES ST STE 102B CENTRAL POINT, OR 97502 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: PROJECT: SCHOFIELD/MONTE VISTA STREET IMPROVEMENT IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE 3rgqc!�>.r �z President and and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.373.8020 Policy_cenifwtes_certirmateOHnsu rance -g Asantev WORK HEALTH—EMPLOYER SERVICES l' t health system 781 Black Oak Drive, Suite 102,Medford, OR 97504 Phone(541)789-4825 FAX(541)789-4724 DRUG FREE TRANSPORTATION ALLIANCE In compliance with Federal Motor Carrier Safety Administration (FMCSA) Motor Carrier Safety Regulations, Companies/Corporations employing commercial drivers who operate in interstate/intrastate commerce as defined in 49 CFR Subpart 382 and 49 CFR Part 40 are required to institute drug-free work place programs. The Drug Free Transportation Alliance (DFTA) is organized under Asante Work Health Services to provide FMCSA required SAMHSA controlled substance and breath alcohol testing, record keeping, laboratory quality assurance and intervention services for Companies/Corporations wishing to enroll as members. The Company/Corporation below is enrolled in the DFTA: Pilot Rock Excavation, Inc. 650 E. Pine St. #10213 Central Point, OR 97502 Phone: 541-664-2988 MEMBERSHIP EFFECTIVE THROUGH THE END OF: October 2012 Doris Mover 12-02-11 Employer Services Coordinator Timothy Wilson, MD 12-02-11 Medical Director/Medical Review Officer rW 7 Asante. WORK HEALTH-EMPLOYER SERVICES t health system 781 Black Oak Drive, Suite 102, Medford,OR 97504 Phone(541)789-4825 FAX(541)789-4724 March 21, 2012 To Whom It May Concern: The Company/Corporation below is enrolled in a Non-DOT random drug testing program through Asante Work Health: Pilot Rock Excavation, Inc. 650 E. Pine St. #102B Central Point, OR 97502 Phone: 541-664-2988 ENROLLMENT EFFECTIVE THROUGH THE END OF: October 2012 Sincerely Doris Moyer Asante Work Health Employer Services Coordinator 541-789-4825 dmoyer @asante.org PILOT ROCK EXCAVATION, INC. DRUG AND ALCOHOL POLICY MISSION STATEMENT We believe that as responsible employers and businessmen,we should ensure to our clients and to the general public,that we promote and maintain safe working and operating conditions. Our goal is to establish a work environment where all employees are free from the effects of drugs,alcohol and other impairing substances. The following statements sum up our commitment to this cause and shall remain as our policy: POLICY The following conditions and activities are expressly prohibited: The manufacture,sale,use, or possession of alcohol,any controlled or illegal substance(except those used strictly in accordance with medical authorization),or any other substances which impair job performance,or pose a hazard,when use or possession occurs on our premises or property,and/or during time on any company worksite. Reporting for work having consumed alcohol,illegal drugs or controlled substances at a time,or in such quantities,or in a manner that may impair work performance. For purposes of this policy,having any detectable level of an illegal or controlled drug in one's system while covered by this policy will be considered a violation. Employees who are medically authorized to use drugs or other substances which could impair someone's judgment, limit their physical abilities or affect their job performance in any way are required to obtain from their physician written authorization that they may work in a normal capacity while performing their usual tasks. The written authorization shall be presented to the employee's immediate supervisor before the work day begins. Reasonable Suspicion Where we have reasonable suspicion that an employee is in violation of this policy,the employee will submit to testing to determine the presence of or use of or involvement with alcohol or drugs. We reserve the right to determine whether reasonable suspicion exists. Pre-Employment Testing Prior to employment with Pilot Rock Excavation, Inc.all prospective employees must submit to a pre- employment drug and alcohol test at a facility of our choosing. If that test is positive,a second test will be offered. If that test result is positive or the prospective employee refuses the test,he or she will be removed from consideration. Post-Accident Testing Any employee involved in ajob-related accident resulting in property damage in excess of$1000.00 or physical injury requiring off-site medical attention will be required to submit to testing to determine the presence or use or any involvement with alcohol or drugs unless the company in its'discretion determines that the accident could not have been caused by alcohol or drug use. 1 Testing Based Upon Certain Events Employees will be subject to testing upon their return from a leave of absence of any kind which has lasted 45 days or more and upon the transfer or promotion to another position. Random or Unannounced Testing Employees are required to submit to testing to determine the presence or use or any involvement with alcohol or drugs on a random or unannounced basis. This may include testing by random selection,testing of an entire work unit,or testing identified categories of employees as a group. Testing Under Government Regulation We will also conduct testing as required or recommended under the provisions of any state or federal government regulations. Any employee who is within a regulated group requiring testing will be required to abide by the company's policy as well as any government programs. Employee's Right to a Retest after a Positive Test Result Employees may request that any sample be halved, with one part tested and other retained by the testing laboratory for future retesting in the event of a positive test result. Should an employee request such a retest, it will be at the employee's expense and must be conducted by a laboratory which is acceptable to the company. A list of approved laboratories will be provided upon request. Employee's Right to Dispute the Collection Process Any employee who believes that his/her specimen was not collected in accordance established procedures must report any deficiencies within 24 hours of the collection. Deficiencies reported after 24 hours have expired will not be considered. Employer's right to conduct limited searches We(PRX)reserve the right to inspect and/or search any employee's personal property on our premises or on our jobsite if we reasonably believe that this policy has been violated. Refusal to submit to any such inspection or refusal to cooperate in any investigation will result in disciplinary action which could include termination. Employee's right to an "Assistance Program" Any employee that voluntarily requests assistance for dealing with a personal drug and/or alcohol problem may do so through the"Employee's Assistance Program"without jeopardizing his or her employment as long as this assistance is sought before work performance has deteriorated or disciplinary actions have been enacted. Levels of disciplinary action Any employee that is found to be in violation of this policy, or who refuses to submit to testing as required, or who refuses to cooperate or attempts to subvert the testing process will be subject to disciplinary action and/or termination. 2 e� l (con't. from Pg. 2) We(PRX)reserve the right to involve law enforcement officials for any conduct which we believe is a gross violation of state or federal law. As a result of disciplinary action arising from a drug or alcohol problem,an employee may be required to participate in a drug or alcohol treatment program. An employee who is so required will normally be evaluated for drug and alcohol use by a professional in this field. Where such an evaluation is scheduled, the employee will pay the cost. An employee may also be required to participate in follow-up care as part of a comprehensive treatment program. Depending on the nature of the conduct which led to the employee's mandated participation in such a program,he or she may be required to submit to random or unannounced screening for certain targeted substances for a specified period of time and to meet various standards imposed as a condition of employment and as outlined in this policy document. Definition of terms used in this policy Reasonable suspicion is a specific and notable observation concerning such circumstances as the work performance,appearance(including,for example noticeable odor of alcohol),behavior,or speech impairment,or as being involved in an accident on a company jobsite which results in physical injury or property damage. Under the influence is defined as any detectable level of alcohol or drugs in an employee's blood or urine or any noticeable impairment of the employee's mental or physical faculties. Controlled substances are defined as all forms of narcotics,depressants,stimulants,hallucinogens and cannabis whose sale,purchase,transfer,use or possession is prohibited or restricted by law. Over the counter drugs are those which are generally available without a prescription from a medical doctor and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform his or her duties. Prescription drugs are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. -------------------------------------------------------------------------------------------------------------------------------------------- I have reviewed and understand the drug and alcohol policy. By signing this document I hereby agree to abide by the conditions,descriptions,definitions and penalties outlined in the policy while an employee of Pilot Rock Excavation,Inc. Employee Date Supervisor Date CITY RECORDER Page 1 / 1 �. ASHLAND CITY O F .'.. DATE > ... PO NUMBER..s- ,� 20 E MAIN ST. 4/3/2012 10791 ASHLAND, OR 97520 (541)488-5300 VENDOR: 010462 SHIP To: Ashland Public Works PILOT ROCK EXCAVATION (541)488-5587 650 E PINE STREET SUITE 1026 51 WINBURN WAY CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Scott Fleury Special Inst: Confirming? NO - ' + Description � � �� �� .-�;..Unit Price Ext.Price - Construction of Schofield and Monte 344,164.00 Vista LID Project 2005-08 Public Improvement Contract Effective date: March 20, 2012 Completion date: "90 calendar days from notice to proceed" Insurance/Bonds required/On file 344 164.00 BILL To:Account Payable SUBTOTAL TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 344,164.00'. ASHLAND, OR 97520 Account Number' ( Project Number '.' Amount' Account Number ,. Project Number.. E 260.08.12.00.70420 E 200508.120 183 704.00 E ZbU.Ub.3b.UU.1Q4200 E 200508.120 62 460.00 E 260 08 41 00 70420 E 200508.120 98 000.00 Aut.h&dzed Signature ��.. VENDOR COPY FORM #3 A CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 31Zt(2.otz Required date for delivery: .ASAP Vendor Name Address,City,State,Zip coo t t�r Ht 5 Contact Name&Telephone Number G�rat�� N_ Fax Number oe• �-4soZ x Sgt - L,tq - q20°,� - ScEF +row�L. SOURCING METHOD RLIntermediateProc pt from Competitive Bidding ❑ Emergenon for exemp tion: ® Invitation to Bid Co ies on file 2.50 b ( p ) ❑ W tten findings attached ate approved by Council: 3 1 z o(z`7— ❑ Written quote or proposal attached n uote or ro sal attached l Procurement Cooperative Procuremen SS 000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Award Date approved by Council: Contract# l Written quotes)or proposals) ❑ State of Washington te Procurement Q Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Written uote or ro oset attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Written Findings(Form #9 attached) Intergovernmental Agreement $5.000 to$75,000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than$35,000,by direct appointment Dale approved by Council: Date original contract approved by Council: ❑ 3 Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost � CF7 Lt �EG i $ 344 1114.4. 00 Item # quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal <� `swt � TOTAL COST Project Number 2cuS_• 09 ( r Account Number 2(-0-03.-tt. 00.-04ZOID Account Number_2fQ0-g$& tZ.00. 7o4ZOO Account Number --Z—_op_:_p 2oi7, -- '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: ITDirector Date Support-Yes/No ig requisition form,I certify that the City's public contracting requirements have been satisfied. Employee Signat Additional signature able Department Head Signature: x. � (Equal to or greater than$5,000) ' Funds appropriated for current fiscal year: YES /40 Fin_anceDire ctor-(equaltoorgreaterthgn$5,000) Date ' Comments: �� PLC a, �,/, �i�l-yb Lt. 7 --> i Form#3 Requisition FoRNrla ASHLAND REQUEST FOR BUDGET REVIEW To: Lee Tuneberg, Finance Director From: Mike 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: 2005-08 Schofield and Monte Vista LID construction Description ofproject: Construction ofthe Schofield and Monte Vista Local Improvement Distri e9 Amount budgeted: $387,000 per City of Ashland Resolution 2007-10 © �' e Account Number(s) and amounts if multiple accounts:260.08.12.00.704200, 260.08.41.00.7042 00,-' 260.08.12.00.704200 Timeline of intended project.-April 2012 start date completed within 90 s per contract specific o Funds appropriated for current fiscal year: YES Department Head 3)at l�rZ _ -- -- Date -Finance=Director —Date REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL BIDIPROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO RELEASING ITB OR RFP: Actual amount ofbid/proposal: Funds appropriated for current fiscal year: YES / NO Department Head Date Finance Director Date Form#12-Request for Budget Review to Verify Adequate Funds Available,Page 1 of 1,3/21/2012