HomeMy WebLinkAbout2012-184 Contract - Kogap Enterprises CITY 01: �� � CITY OF ASHLAND
-ASI ILAND
® PUBLIC IMPROVEMENT CONTRACT
NEVADA/OAK SEWER BYPASS PROJECT
Project No. 2008-23
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon
(hereinafter "City" ) and Koeap Enterprises, Inc. (Hereinafter "Contractor"). The City's Project Manager
for this Contract is Moran Warman. City of Ashland Public Works En ineering 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, more particularly described in Standard Condition 5,
(hereinafter referred to as "Contract Documents") for its project entitled Nevada/Oak Sewer Bypass
Project"and
WHEREAS, Contractor did on the 18'h day of July 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.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on the date at which every party has signed this contract. The work under this
contract shall, unless otherwise terminated or extended, be completed on or before 60 calendar days following
Contractor's receipt of the Notice to Proceed.
3. Statement of Work
The work under this contract is for Nevada/Oak Sewer Bypass Project and more fully described in the
Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work,
including the delivery schedule for the work, is contained in 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 Nevada/Oak Seiver Bypass Project for the City of Ashland, Oregon, as shown in the Contract
Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including
payment of permit fees, license fees and royalties necessary or incident to performance of the work on this
City of Ashland 22
contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the
City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum
of: $128,614.00 for accomplishing the work required by this contract, including allowable expenses. This
sum cannot be modified except by Change Order approved in writing by City. Any progress payments to
Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard
Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this contract
during the current fiscal year. Contractor understands and agrees that City's payment of amounts under
this contract attributable to work performed after the last day of the current fiscal year is contingent on
City. appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the event City
has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor,
with no further liability to Contractor.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name(please print): �:0��A n r P r t S \r\c
ContactNnamep_Eo[LAn, rAe. lks- rc(t�_\ Phone: _S � \ -1-1 (�Sa'1 Fax: Sill -1� la (oS3q
Address� o i�aL \ uxg. M t 8� or C�. n(Z Q 1 aQ 1
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with
the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License# i L-QOn LA I -1 Construction Contractors Board# 1?J`tl of 7
Citizenship: Nonresident alien Yes ✓ No
Business Designation(check one): Individual _Sole Proprietorship
Partnership k/ Corporation _Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be reported to
the Internal Revenue Service(IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099
for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could
subject you to 31 percent backup withholding.
1, 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
City of Ashland
23
Registration Requirements] are true and correct, and further 1 certify that I am an independent contractor as
defined in ORS 670.600.
Signed by Contractor:
Sign re itle y� Date
Printed Name: [ 11 AX—? J:►J
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:
Director of Public Works,City of Ashland Date
-Authorized by Ordinance 3013 and Delegation Order dated,
Coding:
Review /
Ci ttorney ( roved as to legal form) Date
ATTACHMENTS: Certificate of Representation
Exhibit A; Std. Conditions
Exhibit B;Compliance With Applicable Law
Exhibit C; Insurance requirements
Exhibit D;Certification Statement
Performance Bond
Payment Bond
Bid Schedule; Contractor's submitted Bid Schedule
City of Ashland 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:
V/ (I) 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.
J/(2)Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3)Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of
one year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds,warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
�� �V���) IAJt 6ull��D/� �- t3-rZ
CCoo tractor Date
CO of Ashland 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 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.
City of Ashland 26
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"Nevada/Oak Sewer Bypass
Project",Construction Drawings, Standard Drawings,and Contract Addendums, all attached hereto, and
incorporated herein by this reference, together with the Prevailing Wage (BOLD ifapplicahle AND an oy ther
separately bound reference, Oregon 2008 Standard Specifications for Construction, and City of Ashland
Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract
Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract
Documents and incorporated herein, where applicable, as if fully set forth herein.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in
the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by
this reference. Contractor further certifies that Contractor has given the City written notice of conflicts,
errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written
resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally
sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the
project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees
that includes, at.a minimum,the following:
i. A written employee drug-testing policy,
ii. Required drug testing for all new Subject Employees or alternatively, required testing
of all Subject Employees every 12 months on a random selection basis, and
iii. Required testing of a Subject Employee when the Contractor has reasonable cause to
believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a"Qualifying Employee
Drug-testing Program." For the purposes of this section, an employee is a"Subject Employee"only if that
employee will be working on the Public Improvement project job site.
C. By executing and returning this contract the Contractor certifies, represents and warrants to the City
that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full
force and effect for the duration of this contract, and that Contractor will comply with the provisions of
subsection (d) below. Further, the City's performance obligation (which includes, without limitation, the
City's obligation to make payment) is contingent on Contractors compliance with this representation and
warranty.
d. Contractor will require each subcontractor providing labor for the project to:
City of Ashland 27
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;
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.
City of Ashland 28
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 I0(a),(b), or(c), the City shall pay the Contractor for work
performed in accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City
shall pay the Contractor as provided in subsection(a)of this section.
C. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City
shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as
provided for in section 12, Remedies.
12. Remedies
In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may
complete the work either itself, by agreement with another contractor, or by a combination thereof. In the
event the cost of completing the work exceeds the remaining unpaid balance of the total compensation
provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess.
After notice of termination under paragraph 10(c),the Contractor and the Contractor's surety shall provide the
City with immediate and peaceful possession of the Project site and premises, and materials located on and
off the Project site and premises for which the Contractor received progress payment. In no circumstances
shall Contractor be entitled to lost profits due to termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be
exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to
termination of the Contract and receipt of payment as provided in section I I(b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all books,
documents, papers and records of Contractor which relate to this contract for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable
records shall be made available upon request. Payment for cost of copies is reimbursable by the City.
14. Ownership of Work
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.
city of Ashland 29
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. Pre-existing trade secrets of the
Contractor shall be noted as such and shall not be considered as a work product of this contract. All such
work products shall be considered "works made for hire" under the provisions of the United States Copyright
Act and all other equivalent laws.
Use of any work product of the Contractor by the City for any purpose other than the use intended by this
contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written
consent of the City. All documents or other materials submitted to City by Contractor shall become the sole
and exclusive property of City. Such materials are subject to Oregon Public Records laws.
15. Compliance with Applicable Law
Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and
local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws
and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C,
279C.500 through 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 2790.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure);
ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110
(Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor);
ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to
279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS
279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are
all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing,
Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C.
3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V
of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi)
all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable
requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition,
Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by
law to be in this contract shall be considered included and incorporated into the Contract and made a part
hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or
licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further,
that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be
licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in
accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract.
17. Prevailing Wages/BOLI Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS
279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not
less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for
and to each and every worker who may be employed in and about the performance of the Contract. In
accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the
Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the
whole or any part of the work on the Contract shall be paid not less than the applicable state or federal
prevailing rate of wage, whichever is higher. Copies of the current BOLI prevailing wage schedule and
federal wage rate schedule, if applicable, can be found at the following website: WwW.0regon.gov/boli.
When both federal and state prevailing wages,are required to be included in the contract specifications, the
Cityof Asniand • 30
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).
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 BOLT document, is included in
the contract and bid documents and made a part hereof by this reference. For public works for which the
contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate
of wage. [ORS 279C.830(1)]
C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries
pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall
be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or
as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau
of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street#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 (BOLL), 800 NE Oregon #32, Portland, Oregon 97232 a certified
statement in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours
in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it,and
in such cases,except in cases of contracts for personal services, the employee shall be paid at least time and a
half pay:
(a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work
week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide.exceptions to the requirements of this
section and from ORS 279C.520 and ORS 279C.540.
(d) When labor is employed by the City through another as a contractor, any worker employed by the
contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a
City of Ashland 31
claim for payment is filed with the contractor within 90 days from the completion of the contract, providing
the contractor has:
(1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to
be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is
readily available and freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the contract on
which workers are or have been employed.
(e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by
posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)]
19. Medical Care and Workers Compensation [ORS 279C.530]
(1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co-
partnership, association or corporation furnishing medical, surgical and hospital care services or other needed
care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted
from the wages of employees under any law, contract or agreement for the purpose of providing or paying for
the services.
(2) Pursuant to ORS 279C.530(2), All employers, including Contractor,that employ subject workers
who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall
ensure that each of its subcontractors complies with these requirements..
20. Retainage
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in
accordance with ORS 701.420 and 701.430. [279C.555] "Retainage"means the difference between the
amount earned by a contractor on a public improvement contract and the amount paid on the contract by the
City. [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.
City of Ashland 32
(e) General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically
associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the
amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any
proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set
forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the
retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in
accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of
retainage,the contractor shall accept like bonds from any subcontractor or supplier from which the contractor
has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and
pay the amount of the reduction to the subcontractor or supplier. [279C.560]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid,
and those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and submit to the
City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and
City. These estimates shall include value of labor performed and materials incorporated in the work since
commencing work under the Contract. Such estimates need not be made by strict measurements and may be
approximate only, and shall be based upon the whole amount of money that will become due according to
terms of the Contract when Project has been completed. The City may include in payments eighty five
percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but
delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment
shall be conditioned upon submission by the Contractor of bills of sale or such other documentation
satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise
protect the City's interest including applicable insurance and transportation to the site, and a statement from
Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments
are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a
progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such
payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances.
Notwithstanding the above, when the progress estimate indicates that the progress payment would be less
than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless
approved by the City.
C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall
prepare an itemized cost breakdown relating thereto and have the City approve same before commencing
work; progress estimates based on said itemized cost breakdown may be the basis for progress payments.
Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true
costs of the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making
progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent
actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress
estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due to
Contractor's operations including, without limitation, claims from any City Department or other governmental
agency, an amount equal to the claim may be withheld from the progress payments, final payments or
retainage until such claim has been resolved to the satisfaction of City.
City of Ashland 33
f Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by
the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work
performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth
above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper
invoices will be addressed as set forth in ORS 279C.570(4)(5)(6).
g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%)
retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such
amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as
part of the final payment of the Contract amount. Upon Substantial Completion of the work under the
Contract which shall be understood to be not less than ninety-seven and one-half percent(97.5%)of the work,
the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent
(100%)of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining
to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such approval if, in
the City's opinion, and in 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 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
City of Ashland 34
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.
e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will
submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and
acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract
including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days
shall implicate the interest on final payment/retainage requirements of ORS 279C.570(8).
f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract
documents for inspection, approval and acceptance of the work; for determination of the work done and the
amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and
processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the
preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all
have been carried out.
g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the
State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has
been satisfied.
City of Ashland 35
h. If City declares a default of the Contract, and Surety completes said Contract, all payments made
after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in
accordance with the terms of the Contract.
i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor
whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise,
shall operate to release Contractor, or its Sureties from warranties or other obligations required in the
performance of the Contract.
j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of
ORS 279.570(9).
23. Change Orders/Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and
requirements, including any change orders. A change order submitted by the City must be agreed upon by
the Contractor and the City, and in the event of failure to so agree, the City may then proceed with any
additional work in any manner the City may choose. A decision by the City to proceed to have work done by
another party shall in no way relieve either the Contractor or City of this Contract and neither will such action
be cause for collection of damages by either party to the contract, one from the other. Only the City
designated Contracting Officer or individual with delegated contracting authority can authorize extra(and/or
changed) work and compensation. Such authorization must be in writing. The parties expressly recognize
that, except when such order is in writing by an individual with delegated authority, City personnel are not
authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional
compensation. Failure of the Contractor to secure City authorization for extra work shall constitute a waiver
of any and all claims or rights'to adjustment in the contract price or contract time due to such unauthorized
extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of
such work. Contractor further expressly waives any and all right or remedy by way of restitution and
quanunn nieruit 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)]
City of Ashland 36
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(I)(a)] The
Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State
Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the
contract. [ORS 279C.505(1)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted
against the City and shall be fully responsible for any lien or claim filed against the City on account of any
labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue
all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)]
f. Pursuant to ORS 279C.515(1), if Contractor fails, neglects or refuses to make prompt payment of any
claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the
Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge
the amount of the payment against 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.
It. 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
City of Ashland 37
any subcontractor who performs 50% or more of the work under this contract. Contractor must post the
attached Living Wage Notice predominantly in areas where it will be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City. The
Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial
financial loss if the project work is not completed within the timeframe specified in Section (1) of the Public
Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in
proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is
not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as
liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars
per day ($500.00/day) for each and every day that elapses in excess of the contract time or the final adjusted
contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the
completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become due to the
Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from
obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated
damages constitute a waiver of the City's right to collect any additional damages which may be sustained by
failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the
project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way
operate as a waiver on the part of the City or any of its rights under this contract. The City may in its
discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has
been unavoidably delayed by conditions beyond the control of the parties.
27. Liability,Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted practices and
standards as well as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold
harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions,
claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at
both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any
person or entity arising from, during or in connection with the performance of the work, actions or failure to
perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under
this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers,
employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and
its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and
damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and
employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c)
accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if(a) fault
is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is-a
condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory
or common law rights of defense and indemnification by the City. Such indemnification shall also cover
claims brought against City under state or federal workers compensation laws. Contractor shall also defend
and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use
of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set
City of Ashland 38
forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or
duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the
City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the
Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the
Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees,
suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described
in Exhibit C. All costs for such insurance shall be 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 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).
City of Ashland 39
30. One-Year Warranty
a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall
make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to
the City, any and all defects, breaks, or failures of the work occurring within one year following the date of
completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other
improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping,
when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in
performing its duties and obligations under this Contract when such defects or damage occur within the
warranty period. The one-year warranty period shall, with relation to such required repair, be extended one
year from the date of completion of such repair.
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section,
City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense
incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or
damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the
cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from
liability and payment of all such costs.
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or activities made
possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age,
sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity
Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices
and discrimination by employers against any employee or applicant for employment because of race, religion,
color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular
reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer,
because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or
older or because of the race, religion, color, sex, national origin or age of any other person with whom the
individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and
ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such
individual or to discriminate against such individual in compensation or in terms, conditions or privileges of
employment. Any violation of this provision shall be considered a material violation of the Agreement and
shall be grounds for cancellation, termination,or suspension in whole or in part(q).
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the
contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material
at an approved site, if feasible and cost effective. [ORS 279C.510(1)&(2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted
ordinances or regulations dealing with the prevention of environmental pollution and the preservation of
natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration(NOAA)
City of Ashland 40
National Marine Fisheries Service(NMFS)
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Agriculture, Department of
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
City or Ashland 41
If the Contractor awarded the project is delayed or must undertake additional work by reason of existing
ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment
of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and
the preservation of natural resources occurring after the submission of the successful bid, the City may:
(a)Terminate the contract;
(b)Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference-to known conditions at the construction site that may
require the successful bidder to comply with the ordinances, rules or regulations identified above. If
Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful
bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires
compliance with the ordinances, rules or regulations enacted by the governmental entities identified above,
the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the
case of an emergency and except as may otherwise be required by any environmental or natural resource
ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs
in regard to the condition encountered and described in subsection (3)of this section without written direction
from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or
regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered
condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a
reasonable period of time following delivery of an estimate of this section,the City may:
(a)Terminate the contract;
(b)Complete the work itself,
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(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.
34. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of
City of Ashland 42
that or any other provision. City shall not be precluded or estopped by any measurement, estimate or
certificate made either before or after completion and acceptance of work or payment therefore,from showing
the true amount and character of work performed and materials furnished by the Contractor, or from showing
that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do
not conform in fact to the Contract. City shall not be precluded or estopped, notwithstanding any such
measurement, estimate or certificate, or payment in accordance therewith, from recovering from the
Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms
of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any
representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any
possession taken by City, nor any payment for all or any part of the project, shall operate as a waiver of any
portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver
of any breach of the Contract shall not be held to be a waiver of any other breach.
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work required
under this contract without undue delays and without additional cost.
36. Governing Law
The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and
ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising under this
contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in
a federal forum, then it shall be brought and conducted in the United States District Court for the District of
Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in
personam jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any
form of defense or immunity.
37. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the contract did not contain the particular
term or provision held invalid.
38. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to
recover from the other party, in addition to costs and disbursements provided by statute, any sum which a
court, including any appellate court, may adjudge reasonable as attorney's fees.
39. Business License
The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior'to
beginning work under this contract. The Contractor shall provide a business license number in the space
provided in this contract.
40. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given'by personal delivery or by mail.
Notices, bills, and payments sent by mail should be addressed as follows:
City of Ashland 43
City: Morgan Wayman, Engineering
City of Ashland
Public Works Department
20 East Main Street
Ashland, OR 97520
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all
other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes
may be made in the names and addresses of the person to whom notices, bills, and payments are to be given
by giving notice pursuant to this paragraph.
41. Conflict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of its services. The Contractor further
covenants that in the performance of this contract no person having any such interest shall be employed.
42. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF
THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE,
CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
ATTACHMENTS: EXHIBITS B-E
EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
EXHIBIT C INSURANCE REQUIREMENTS
EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION
EXHIBIT E BONDS: PAYMENT,PERFORMANCE, PUBLIC WORKS)
City of Ashland 44
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.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a
periodic retainer.
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which
such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule
C as part of the personal income tax return, for the previous year, for labor or services performed as an
independent contractor in the previous year.
8. Contractor represent to the public that the labor or services are to be provided by an independently
established business as four or more of the following circumstances exist.
(Check four or more of the following:)
A. The labor or services are primarily carried out at a location that is separate from Contractors
residence or is primarily carried out in a specific portion of Contractors residence, which is set
aside as the location of the business.
B. Commercial advertising or business cards are purchased for the business, or Contractor has a
trade association membership.
C. Telephone listing is used for the business that is separate from the personal residence listing.
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.
City of Ashland 47
L 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.
VIV) 12-13-0
Contract rNi ature Date
Pr 'ect Manager Signatur Date
YpIc� �1 1 tZ�-
City of Ashland 48
iO & CERTIFICATE OF LIABILITY INSURANCE 8/9/201 2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. N SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT AME pam Breazeale
Beecher Carlson Insurance Agency LLC PHONE (541)494-2655 _711a Na.(541)491-2755
707 Murphy Rd '"'AIL .pars.breazeale @beechercarlson.com
INSURER(S) AFFORDING COVERAGE NAIC9
Medford OR 97504 INSURERAAmerican States Insurance Cc 19704
INSURED INSURERB:Safeco Ins CO of AM 24740
Kogap Enterprises Inc INSURER C:
PO Box 1608 INSURER D:
INSURER E:
Medford OR 97501 INSURER F:
COVERAGES - CERTIFICATE NUMBER:12-13 GL BA Umb REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP
TR POLICY NUMBER M LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL UABIUTY PREMISES Me=urrence) S 200,000
A CIAIMSMADE QOCCUR X D10339298600 /1/2012 /1/2013 MED EXP(My me Person) S 10,000
X WA Stop Gap PERSONAL S ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2,000,000
GEML AGGREGATE UNIT APPLES PER PRODUCTS-COMROPAGG S 2,000,000
POLICY X 'FO Ex-1 LOC $
AUTOMOBILE LIABILITY Ea acdderd _ 11000,000
B X ANY AUTO BODILY INJURY(Per person) $
ALLOWNED SCHEDULED 6CCO0780611 /1/2012 /1/2013 BODILY INJURY(Perac erd) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE S
HIRED AUTOS AUTOS Pere
cddeM
PIP-UVC S 15,000
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000
A EXCESS UA1 CLAIMSMADE AGGREGATE $ 10,000,000
DED X RETENTIONS 10,000 018174271S210 /1/2012 /1/2013 S
WORKERS COMPENSATION I WLSTATLL OTR4
AND EM LIABILITY EMPLOYERS'LIAITY YIN LIM
ANY PROPRIETORIPARTNER,EXECUTIVE E.L EACH ACCIDENT S
OFFICERIIAEMBER EXCLUDED? NIA
(W Idetory In NH) E.L.DISEASE-EA EMPLOYEE S
It yea,desrAhe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Aaaeh ACORD 101,AddM.1 Rams"Sehedu s,IT n neo apses Is re"Inn!)
RE: Nevada/Oak Sewer Bypass 82008-23
General Liability Policy includes Blanket Additional Insured coverage as required by written contract per
form 8CG7835 (02/07)
This form is subject to policy terms, conditions, and exclusions.
CERTIFICATE HOLDER CANCELLATION
waymanm@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland, its agents, Officers ACCORDANCE WITH THE POLICY PROVISIONS.
S Employees
20 E Main St AUTIIORUZED REPRESENTATIVE
Ashland, OR 97520 ? ,
Pam Breazeale/PANBRE
ACORD 25(2010105) ®1988-2010 ACORD CORPORATION. All rights reserved.
INS025 norms m The ar non name end Innn em mnlafareA mer4a of Arnpn
^^REPRINTED FROM THE ARCHIVE.THE ORIGINAL TRANSACDON MAY INCWDE ADDITIONAL FORMS ^^
s / insurance COMMERCIAL GENERAL LIABILITY
CG 76 35 02 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following
CONTRACT, AGREEMENT OR PERMIT, OR additional provisions:
SCHEDULE
(a) This insurance does not apply to
The following paragraph is added to WHO IS AN any "occurrence"which takes place
INSURED (Section II): after you cease to be a tenant in
any premises leased to or rented to
4. Any person or organization shown in the Sched- you;
ule or for whom you are required by written con- (b) This insurance does not apply to
tract, agreement or permit to provide insurance any structural alterations, new con-
is an insured, subject to the following additional struction or demolition operations
provisions: performed by or on behalf of the
a. The contract, agreement or permit must be person or organization added as an
in effect during the policy period shown in insured;
the Declarations, and must have been exe- (2) Your ongoing operations for that in-
cuted prior to the 'bodily injury", 'property sured, whether the work is performed
damage', or "personal and advertising by you or for you;
injury'. (3) The maintenance, operation or use by
b. The person or organization added as an in- you of equipment leased to you by such
sured by this endorsement is an Insured only person or organization, subject to the
to the extent you are held liable due to: following additional provisions:
(1) The ownership, maintenance or use of (a) This insurance does not apply to
that part of premises you own, rent, any "occurrence'which takes place
after the equipment lease expires;
Includes Copyrighted Material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services, 2001
Salim and the Salem logo are registered Oademadra of Salem Corporation
CG 76 35 02 07 Page 1 of 4 EP
AFP.MErA2.D4.PRINrOD131B9•DIM.M
^^fEPRINTEOFROM iI�ARQI1YE.liQ:ONIGNAL TRANSALTON WYtN4lWEAGGITIONALFGfUAS
(b) This insurance does not apply to This exclusion applies even it the claims
"bodily injury" or "property dam- against any insured allege negligence or
age" arising out of the sole negli- other wrongdoing in the supervision, hiring,
gence of such person or employment, training or monitoring of others
organization; by that insured, if the °occurrence" which
4 Permits issued an state or political caused the 'bodily injury" or "property
( ) by Y P damage" involved the ownership, malyde-
subdivision with respect to operations nance, use or entrustment to others of any
performed by you or on your behalf, aircraft, "auto" or watercraft that is owned
subject to the following additional pro- or operated by or rented or loaned to any in-
vision: sured.
This insurance does not apply to bodily This exclusion does not apply to:
injury", "property damage", or (1) A watercraft while ashore on premises
"personal and advertising injury"
an you own or rent;
out of operations performed for the state
or municipality. (2) A watercraft you do not own that is:
c. The insurance with respect to any architect, (a) Less than 52 feet long; and
engineer, or surveyor added as an insured (b) Not being used to carry persons or
by this endorsement does not apply to property for a charge;
"bodily injury", "property damage', or "per-
sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways
the rendering of or the failure to render any next to, premises you own or rent, pro-
professional services by or for you, includ- vided the %uto" is not owned by or
ing: rented or loaned to you or the insured;
(1) The preparing, approving, or failing to (4) Liability assumed under any "insured
prepare or approve maps, drawings, contract" for the ownership, mainte-
opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or
ders, designs or specifications; and (5) "Bodily Injury" or "property damage"
(2) Supervisory, inspection or engineering arising out of:
services. (a) the operation of machinery or
d. This insurance does not apply to bodily equipment that is attached to, or
part of, a lanai vehicle that would
injury" or "property damage" Included within qualify under the definition of
the 'products-completed operations haz- "mobile equipment" if It were not
and". subject to a compulsory or financial
responsibility law or other motor ve-
A person's or organization's status as an insured un- hicle insurance law in the state
der this endorsement ends when your operations for where it is licensed or principally
that insured are completed. garaged;or
No coverage will be provided if, in the absence of this (b) the operation of any of the machin-
endorsement, no liability would be imposed by law on machin-
ery or equipment listed in Paragraph
L(2)
you. Coverage shall be limited to the extent of your mobile f.(3) of the definition of
"mo equipment".
negligence or fault according to the applicable princi-
ples of comparative fault. (6) An aircraft you do not own provided it is
not operated by any insured.
NON-OWNED WATERCRAFT AND NON-OWNED
AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY
Exclusion g. of COVERAGE A (Section I) is replaced When a Damage To Premises Rented To You Limit is
by the following: shown in the Declarations, Exclusion J. of Coverage
A, Section I is replaced by the following:
g. "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or J. Damage To Property
entrustment to others of any aircraft, "auto" 'Property damage" to:
or watercraft owned or operated by or rented
or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including
ation and loading or unloading". any costs or expenses incurred by you, or
PWB 2 of 4
AFP.META2. LPNINn0131BM1B4M
^^fifR21N FROM TIC 11W.THE ORIGN TRANSAC MAYINCLUDE ADDRIONAL FORMS ^^
t
any other person, organization or entity, for WHO IS AN INSURED — MANAGERS
repair, replacement, enhancement, restora-
tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS
reason, including prevention of Injury to a AN INSURED (Section II):
person or damage to another's property;
(2) Premises you sell, give away or abandon, If Paragraph(1) does not apply to executive officers, or
the "property damage" arises out of any part to managers at the supervisory level or above.
of those premises;
SUPPLEMENTARY PAYMENTS — COVERAGES A
(3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM
(4) Personal property in the care, custody or WORK
control of the insured;
Paragraph 1.1b. of SUPPLEMENTARY PAYMENTS —
(5) That particular part of real property on which COVERAGES A AND B is replaced by the following:
you or any contractors or subcontractors
working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required
are performing operations, if the "property because of accidents or traffic law violations
damage" arises out of those operations, or arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
(6) That particular part of any property that must We do rat have to furnish these bonds.
be restored, repaired or replaced because
"your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS —
Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following:
not apply to "property damage' (other than d. All reasonable expenses incurred by the in-
damage by fire) to premises, including the con- sured at our request to assist us in the in-
tents of such premises, rented to you.A separate vestigation or defense of the claim or 'Suit",
limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500
ises Rented To You as described in Section III a day because of time off from work.
— Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE
the premises are "your work" and were never SERVICES
occupied, rented or held for rental by you.
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse-
do not apply to liability assumed under a side- ment
track agreement.
Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED
"property damage" included in the "products- ORGANIZATIONS
completed operations hazard".
Provision 3.a. of WHO IS AN INSURED (Section II) is
Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following:
Is replaced by the following: a. Coverage under this provision is afforded
6. Subject to 5. above, the Damage To Premises only until the end of the policy period.
Rented To You Limit is the most we will pay un-
der Coverage A for damages because of
"property damage' to any one premises, while
rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced
while rented to you or temporarily occupied by by the following:
you with permission of the owner. a. 'Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury"
higher of the Each Occurrence Limit shown in the or "property damage' resulting from the use of
Declarations or the amount shown in the Declarations reasonable force to protect persons or property.
as Damage To Premises Rented To You Limit.
CG 76 35 02 07 Page 3 of 4 EP
AFP META2O6MWD013189 01 05 M
--REPRINTED FROM THE A IVE.Tr¢ORIGNF TRANSACrIONMAYINCLUDEAOORIO FORMS ^^
EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the following: INCREASED MEDICAL EXPENSE LIMIT
3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000.
disease sustained by a person, including mental .
anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE
any time.
TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABILITY CONDITIONS
The following is added to Paragraph 8. Transfer Of (Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an 'occurrence", claim or "suit" by
tion IV): your agent, servant or employee shall not in itself
constitute knowledge of the named Insured unless an
We waive any rights of recovery we may have against officer of the named insured has received such notice
any person or organization because of payments we from the agent, servant or employee.
make for injury or damage arising out of your ongoing
operations or 'your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and included in the HAZARDS
'products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following is added to Paragraph 6. Representa-
are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex-
LOCATION isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
For all sums which the insured becomes legally obli- such failure. However, this provision does not affect
gated to pay as damages caused by "occurrences' our right to collect additional premium or exercise our
under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal.
expenses caused by accidents under COVERAGE C
(Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE
at a single "location":
The following paragraph is added to COMMERCIAL
Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV):
lion III) apply separately to each of your "locations"
owned by or rented to you. 10. If a revision to this Coverage Part, which would
provide more coverage with no additional pre-
'Location" means premises involving the same or mium, becomes effective during the policy period
connecting lots, or premises whose connection is in the state shown in the Declarations, your pol-
icy will automatically provide this additional cov-
erage on the effective date of the revision.
Pegs 4 of 4
AFR11ErA2.DbPWNT W 131890105-M
AC RORR61s CERTIFICATE OF LIABILITY INSURANCE DATE`"�°°"""'
8/912012
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. N SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME:
KPD Insurance,Inc. PHONE FAX F�n 541-741-0550 PO BOX 784 EMAIL NC No: - -
Springfield OR 97477 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC S
INSURER A;SAIE Qorpgration 6196
INSURED KOGA01 W INSURER 8:
KOGAP Enterprises Inc. INSURER C:
PO Box 1608 INSURER D:
Medford OR 97501
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1176527359 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.
LSRR TYPE OF INSURANCE OL POLICY EFF POLICY'EXP
INSR WVD POLICYNUMBER MMA)0 1YYYY) (KMMDNYYYI UNITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PRREEMMSES Ea xwnanm f
CLAIMS-MADE ❑OCCUR MED EXP(My we penion) $
PERSONAL S ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $
JFCT
POLICY PRO-—1 LOC $
AUTOMOBILE LIABILITY
Ea aatlwl
ANY ALTO BODILY INJURY(Perpenpn) $
ALL OWNED SCHEDULED BODILYINJURYMeraaidenl) S
AUTOS AlIT05
NON WNED PROPERTY DAMAGE S
HIRED AUTOS AUTOS Per ac enl
F
UMBRELLA LIAR OCCUR EACH OCCURRENCE S
EXCESS LIMB CLAIMSMADE AGGREGATE f
DED RETENTIONS 1$
A WORKERS COMPENSATION 5 0670 011/2011 0/12012 % wCSTATU- I OTH-
AND EMPLOYERS'LIABILMY YIN
ANY PROPRIETORS'ARTNER,EXEd1r1VE E.L.EACH ACCIDENT $500,000
RAA
OFFICEEMBER EXCLUDED] NIA
(MandaUNy In NN) E.L.DISEASE-EA EMPLOYEd$500,000
Ifyea desa under
OESLRIPTION OF OPERATIONSW. E.L.DISEASE-POLICY LIMIT 1$500,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ADach ACORD 101,Addict Ramada Schedule,K non pan Is q.IM)
Re: Nevada/Oak Sewer Bypass,Project 2008-23.
'Additional Insured Does Not Apply to Workers'Compensation
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
20 E.Main Street
Ashland OR 97520 AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
— - — -- Page 1 of 4
CCB Business Detail for License: 93497
BUSINESS DETAIL FOR:
KOGAP ENTERPRISES INC
1:7-- —
License: 93497
I iness detail record includes business contact information and information about the business'
ability insurance, worker's compensation insurance, licensing category, business entity and
ssociated CCB licenses.
License 93497
k_m [:icense Ay-vetatus:
e First 10/4/1993 Expiration: 10/4/2012
ensed:
Name: KOGAP ENTERPRISES INC
Address: POB 1608 MEDFORD OR 97501
Work (541) 776-6500
Phone:
Entity Type: Corporation Class of Independent Non-Exempt
Contractor;
ycense Residential: RGC-General Contractor
Endorsement: Commercial: CGCI - General Contractor 1
......... .--------------------- -----......----..._..-------------------------------_--------
BUSINESS LICENSES R CERTIFICATIONS
CERTIFIED LEAD-BASED PAINT RENOVATION CONTRACTOR(LBPR) LICENSE
(IMPORTANTINFO)
NO LEAD BASED PAINT RENOVATORS LICENSE
All contractors must have an active"License Status"for their CCB license to legally offer or perform
any type of work on any structure. An active"LBPR Status"allows contractors with an active
"License Status"to renovate specific structures that may contain lead-based paint. Click on the
IMPORTANT INFO link above for more detail. _..........
__
ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY(EEAST) CERTIFICATION
NO EEAST CERTIFICATION
All contractors must have an active"License Status"for their CCB license to legally offer or perform
any type of work on any structure. An active"EEAST Status"indicates the contractor has met specific
https://ccbed.ceb.state.or.us/ccb frames/consumer info/business detail.asp?license number... 5/9/2012
CCB Business Detail for License: 93497 Page 2 of 4
requirements to work on projects funded through the Energy Efficiency and Sustainable Technology
program. Click on the IMPORTANT INFO link above for more detail.
......................................................................................--.......................................................................................................
............ .......
OTHER BUSINESS INFORMATION
WORKERS'COMPENSATION INSURANCE INFORMATION
Coverage Carrier Policy Number
Employee Coverage SAIF 288562122
Personal Election Coveraae None None
...............................................................................................................................................................................................
.........................
LIABILITY INSURANCE INFORMATION (HISTORYI
Insurance $1,000,000.00 Insurance Company: AMERICAN STATES
Amount: INSURANCE COMPANY
Effective 4/1/2013
Through:
---------------------------...----------------------------------...............---------------------------------------------------- - - ........................... - --
CCB RESIDENTIAL BOND INFORMATION (HIS)
Bond $20,000.00 Bonding Company: 2 -TRAVELERS CASUALTY
Amount: & SURETY CO OF AMER
Effective 10/4/2012
Through:
CCB COMMERCIAL BOND INFORMATION (H S� TORY)
Bond $75,000.00 Bonding Company: 2 -TRAVELERS CASUALTY
Amount: &SURETY CO OF AMER
Effective 10/4/2012
Through:
............................................................--........---.......................................-...._...............................................................----.....
..
..........
$30,000 PUBLIC WORKS BOND INFORMATION (INFO)
Effective 1/1/2006 Effective Through: Until Cancelled
From:
Company TRAVELERS CASUALTY&SURETY CO OF AMER
Name:
Exemption Expiration Date of the Exemption
Disadvantaged Business Enterprise No DBE Exemption
(DBE):
Emerging Small Business Enterprise No ESB Exemption
(ESB):
https://ccbed.ccb.state.or.us/ceb frames/consumer info/business detaii.asp?license number... 5/9/2012
/�� STATE OF OREGON l
STATUTORY PUBLIC WORKS BOND
...-••'.:. 104657918 CCB#(if applicable): 4'Jt�Q
Surety bond#: .
is principal,and
we,Kogap Enterprises,Inc. a corporation qualified and authorized to do
Trave ers asua ty and Surety Company of America _
busiaess in the State of Oregon,es surety,are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon
Bureau of Labor and Industries(SOLI)in the sum of thirty thousaond ears($30, p)t[aa 36DI for which payment�w'eltal and truly o be one of e
o be paid as provided in ORS chapter'2790,as amended by Greg
ll ly by this agreement
made,we bind ourselves,our heirs,Personal rcin srnratives,successors and assigns,jointly and severayagreement
WHEREAS, the above-named principal wishes to be eligible o work on public works projects) subject to the provisions of ORS
chapter 279C,as amended by Oregon Laws 2005,chapter 360,and is,therefore,required o obtain and file a statutory public works
bond in the penal sum of$30,000 with good and sufficient surety as required pursuant to the provisions of section 2,chapter
ffi 360,
Oregon Laws 2005,conditioned as herein set forth
NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard o all work done by the
principal as a contractor or subcontractor on public works pmjcet(s), shall pay all claims ordered by BOLT against the principal o
workers aitd performing O Oregon upon public warm 360,and OAR unpaid apter ages
39,then thus obligation shall be oidcotherwiseR o rempain in full
force and effect.
This bond is for the exclusive purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works
projects in accordance with ORS chapter 279C,as amended by Oregon Laws 2005,chapter 360.
This bad shall be me continuing obligation, and the liability of the surety for the aggregate of any and all claims which may wise
hereunder shall in no event exceed the amount of the penalty of this bond.
This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect
until depleted by claims paid under ORS chapter 279C,as amended by Oregon laws 2005, chapter 360,unless the surety sooner
cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on
contracts entered after cancellation by giving 30 days'written notice to the principal,the Construction Contractors Board,and BOLL.
Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLT relating to work performed
during the work period of a contract entered into before cancellation of this bond.
IN WITNESS WHEREOF,the principal and surety execute this agreemrent. The surety fully authorizes its representatives in the State
of Oregon to enter into this obligation. .
SIGNED,SEALED AND DATED this 1st day of January '2006
Surety by:
Principal by:
Travelers Casua nd Surety Compony of America (Seal) Kogap Enterprises,Inc.
r ;n Name
Sign-wre Signature
Shari K.Welborn-atttorney-in-fact --�:27Y (/,� D,
Title(ag."Attorney-in-Fact) Tirle
115 Stewart Av
X50 11` Gbnstrr(ehatrGlontkiCroraBoard Address
�y
4O'38� aM r�
Medford,OR 97501
s Y -
score /W
�i tee;-'503}?7S?1621 -
PAYMENT BOND
The undersigned Kogap Enterprises, Inc. as
principal,further referred to 1n�hi�4 nd eS�'(mtractOr and Travelers Casualty and Surety Company of America
,a,,j fig _ri further referred to in this bond as Surejy. are jointly and vyemlly
bgund unto City of Ashland as obligee further referred to in this bond as City, in the sum of
One hundred twenty eight thousand six hundred and fourteen dollars and no cents
-Dalar�(�$1zs,614.00 ).
Contractor and City have entered into a written contract dated
for the following oroiect: Nevada/Oak Sewer Bypass Prgiect. This
contract is further referred to in this bond as the Contract and is incorporated into this bond by the reference,
The conditions of this bond are:
1. if Contractor faithfully performs the Contract within the time Prescribed by the Contact and
promptly makes payment to all claimants. as defined in ORS 279C.600 through 279C.620. then
this obligation is null and void, it shall and effect.
2. If Contractor is declared by City to be in default under the Contract the Surety shalt Prgmptlx
remedv the default�crfonn all of Contractor's obligations under tho contract in aoeordanoe with
its terms and oonditionc and pay to City all dama¢es that are due under the Contract.
3. This bond is suhtcet to claims under ORS 279C.6 0 throe 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their resocetive heirs,
executors, administrators, successors.
5. Surety waives notic_gof modification of the Contract or extension of the Contract time.
6. NopRyment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address,and telephone number of the agent authorized to receive
notices concerning this bond are as follows:
Bond Number: 105797900
Bond Agent: Beecher Carlson Insurance Agency
Address: 220 NW 2nd Ave, Suite 800
Portland, Oregon 97209
Telephone: 503-219-3214
SIGNED this 9th day of August 2012 .
coy or A:Idand 52
PAYMENT BOND Page 2
WTTNESS:
CONTRACTOR: Kola Enter rises, Inc.
BY
(Corporate Seal) Title: C-
Legal Address:
Q - a7- 0V
CD
w,�ntss; GeSocrefary
TSURETY: Travelers Casualt and Suret Com an of America
Jess Hollaentler
Title: At ney-in-Fact
Legal Address: 4000 Kruse Way PI, Bldg 1 # 125
Portland, Oregon 97209
A t.
ux��c�xarS�ar;:o�x�; wit�n s�—
Clryofnshland 53
PERFORMANCE BOND
The undersigned Kogap Enterprises, Inc. a
principal,further referred to in this bond as Contractor.and Travelers Casualty and Surety Company of America
as surety, jointly and severally
ound unt ity of Ashland,as obligee,further referred to in this bond as Citvthe sum of
One hundred twenty eight thousand six hundred and fourteen dollars and no cents
Dollar;,($ $128,614.00 Z
Contractor and City have entered into a written contract dazed
for the following nroiect: Nevada/Oak Sewer voass Project. 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 faithfutly performs the ContraG_in danec 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 obli8ation_is null and void: otherwise it shall remain
in full force and effect.
2. If_Qntsactor 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 pgW-tp_City all damages that are due under the
Contract.
3. This bond is subject to claims under ORS 279C3811-thr_oggh 279C.390.
4. This obli ati n aointly and severally binds C ntractor and SurM and their respective heirs.
executors,administrators.successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nona ent Qfthe bond premium shall not invalidate this bond,
7. The bond number and the_name, address, and telephone rum er of the agent authorized to
reocive notices concerning this bond are as follows.
Bond Number: 105797900
Bond Agent: Beecher Carlson Insurance Agency, LLC
Address: 220 NW 2nd Ave, Suite 800
Portland, Oregon 97209
Telephone: 503-219-3214
SIGNED this 9th day of August 2012.
cry of Ashrand 50
PERFORMANCE BOND Pace 2
WITNESS: CONTRACTOR: Kogap Enter rises, Inc.
By:
(Corporate Sea]) Title: S
Legal Address: p p'
A
WIrpZorate S. SURETY: Travelers Casualty and Surety Company of America
eal By. i;��Title: y-in-Fact
Legal Address: 4000 Kruse Way PI, Bldg 1 # 125
Portland, Or on 97209
Atte
I4i OCiMV 14itness
Chy or Ash/and 51
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.A POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 225380 Certificate No. 004979256
KNOW AIA,MEN BY THESE PRESENTS:That SL Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly organized under the laws of the Stale of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the Stale of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Margaret M. Davis,Shari K.Welborn,Joyce Bjorge,Jeffrey L.Broyles,Charles W.Floberg,Jessica Hollaender, Lisa Meyer,Jennifer Truesdale,
Sue Noakes,Nadya Alami,and Jessica Carpenter
of the City of Penland ,State of Oregon ,their tme and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their rbusiness guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted,in any actions or,proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument signed a d� oPporaeseals to be hereto affixed,this 26th
day of July 2012 . (Q ���
Farmington Casualty Comp ny) ,� �q��� St.Paul Mercury Insurance Company
Fidelity and Guaranlyilnsurance'Compa,y,�1l Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surely Company of America
St.Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company
�-..,,��yy SL Paul Guardian Insurance Company Iu�
CN6U.•�) bi ONM IF`��,�9 JJ�,XSUq� JNU. ND II9WIrY �'""u°
°M a etuervXN,;i c pSe
Z='•NrcN f, 19 '�n ut f m cpPY0N4lp:.,^ ^ 9 rNgnplO. 11
I f e= o ® :: nunroso,
46`y Mee 19$1 'a o ��SE ALaI� R
N IS.ANA •1 •trl Aln/'
Slate of Connecticut By: tJ
City of Hartford ss. Georg Thompson, enior ice President
On this the 26th day of July 2012 , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc., SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,Tq
In Witness Whereof,I hereunto se[my hand and official seal. TALI W w•' 1. • �-•v�`�"""�
My Commission expires the 30th day of June,2016. P'OUBI�� ♦ Marie C.Tarea,dc No:.l, uhlic
58440-6-11 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,�Fidelity, -
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United Slates
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,SL Paul Fire and Marine Insurance Company,SL Paul Guardian Insurance Company,St.Paul Mercury Insurance Company.Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and UnitedStates Fidelity.and Guaranty Company do hereby certify that the above and foregoing
is a true and cored copy of the Power of Attorney executed by said Companies which is imfull force and effect and has not been revoked.
C
��®+ 9th August 12
IN TESTIMONY WHEREOF,I have hereunto set my hand and Al ed the seals of s id'Companies this day of ,20 _.
Kevin E.Hughes,Assistant Sec tary
=4'MF Y+t
(977)
aC m Y ran i; wA1FOHa,s: NO'
SE ALio ;.S1iAL%i�
o.
~�UFnrvcF 15�ANN �fy"".... �b
•w n+ dM7 AIII
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
.'C z
r!
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
+ Page 1 / 1
�.
CITY O F CITY RECORCER
ASHLAND F DATE PO NUMBER
20 E MAIN ST. 8/22/2012 11112 1
ASHLAND, OR 97520 .r .i
(541)488-5300
VENDOR: 002567 SHIP TO: Ashland Public Works L'l3
KOGAP ENTERPRISES (541)488-5587 {
PO BOX 1608 51 WINBURN WAY
1501 MYERS LANE P-2 ASHLAND, OR 97520
MEDFORD, OR 97501
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del.Date: Contact: Morgan Wavman _
Special Inst: Confirming? NO ,
Quantity. Unit Description - Unit Price Ext.Price
Nevada Oak Sanitary Sewer Bypass 128,614.00
Project 2008-23
Public Improvement Contract
Date of contract: August 16, 2012
i
i
SUBTOTAL 128 614.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 128,614.00
ASHLAND, OR 97520
Account Number - `Project Number - - Amount Account Number Project Number Amount'
E 675.08.17.00.704200 E 200823.999 128 614.00
'
Authorized °/J/�7/' VENDOR COPY
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request:
Required date for delivery:
Vendor Name K0Uf1 P 1= .inc
Address,City,State,Zip bok 14,68 ht EDF _p . a2 • 9 7561
Contact Name&Telephone Number 517gr00 fJ_�u- Scl7wond,:E'r-
Fax Number
(541 ) 776- 4,534
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: Invitation to Bid (Copies op file) ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 Date approved by Council: 8 9o7 2 ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: - Contract#
❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract
$5,000 to$100.000 .❑ Written quote or proposal attached Agency
❑ (3)Written quotes attached ❑ Form#4, Personal Services$5K to$75K Contract#
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to$75.000 ❑ Form#9,Request for Approval ❑ Agency
❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
El (3)Written proposals attached Date approved by Council: (Date)
❑ Form#4, Personal Services$5K to$75K Valid until: Date
Description of SERVICES Total Cost
$ 128, � 14. Da
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number.2 z>08_ Account Number675•68- /1. PO- 7C42O0
Account Number -__-__-__-.______ Account Number___-__-__•__-______
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
ITDirector Date Support-Yes/No
By/si ning this requisitton fo n,I certify that the City's public contracting requirements have been satisfied.
Employee Signature: U D����/ % � �G�— Department Head Signature: • ` k. . (� 1z
(Equal to or greater than ,000)
Additional signatures(if appli /t
Funds appropriated for current fiscal year. YES'/ NO s- `; L-w�- �3/ '
Finance Director-(Equal to org0eterthan$5,000) Date
Comments:
Form#3-Requisition
CITY OF
FORM #12 ASHLAND
Q�T L REQUEST FOR BUDGET REVIEW
To: Lee Tuneberg, Finance Director
From: [Department Head, Depardmenll
Date: [Enter dale]
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 nnn7ber: zce.6-2S Fl E/ppp /pdt Senttlgs- . K�r fl
Description of project: f
Amount budgeted: 11% ,00D
Accoan/Niunber(s) aril amounts if n7ultiple accounts:
Timeline of intended project: (Beginning/completion dates)
Funds appropriated for current liscal year: VrS / NO
Department Flead
Finance Director Date'
Date
REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL
BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO
RELEASING ITB OR RFP:
Actual an7ount gfbbiid/proposc7l: $ I2B r �t4 •� /1,�
t ,p,A (Arc" Funds appropriated for current fiscal year: /r E�/ NO
Department Head ����///Zv X12—
�I -),a f Fina Date
Date
Form#12–Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1,8/20/2012
CITY OF
FOiZM #12 ASHLAND
REQUEST FOR BUDGET REVIEW
To: Lee Tuneberg, Finance Director
From: Mike Faught, Public Works Director
Date: May 25, 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: Nevada/Oak Sanitary Sewer Bypass; PWE #2008-23
Description ofProiect. '
Abandon the Nevada Street Pump Station by; installing 8-Inch Sanitary Sewer Pipe—714 LF, 4-
Inch Sanitary Sewer Pipe — 124 LF, Concrete Sanitary Sewer Manholes (4811) —3 EA, Concrete
Sanitary Sewer Manholes (60")—1 EA and Asphalt Pavement—11,50QSF
Amount budgeted: $115,000 `� Z �r ¢/� �- �x ?tember,Account Number: 675.08.17.00.704200
Timeline of intended oy'ect.- Project beginning mid July,2012 and ending in ea012
r� f y7-oi
@.4C -- Funds appropriated for current fiscal year: 'ES I NO
.Department Head J�
Finance DirectorJ Date
Date
cul l
p
Form#12—Request for Budget Review to Verify Adequate Funds Available,Page 1 of 1,5/25/2012