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HomeMy WebLinkAbout2010-155 PO - Taylor Site Development ~.~ ._'~ CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 . -0 ER CITY REC RD._ ,., Page 1/1 :...... DATE'.::,.. "1 9/21/2010 " ,.-' P.ONUMBER.:. ." 09806 VENDOR: 001735 TAYLOR SITE DEVELOPMENT INC 1501 SAGE RD SUITE B MEDFORD, OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Mike Faught Confirming? No l~: :a-uarmiV: ': 'rUnft'i.~. '," ,'~(. -.- ' ;". '," .. " . "Descrlotion' ':',.'. '.-' '., ,',":(':;\"1 .~:-,"unh Price" " '-~'~':;ExUP}ice-; _:l', Construct Jefferson Avenue Improvement 514,789.00 Project No. 2005-10 Approved by Council on 9/07/2010 . I SUBTOTAL 514789.00 BILL TO: Account Payable' TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 514,789.00 ASHLAND, OR 97520 ~'>}'!Account N'umbei':.., '\' :~~;1~'Project'NumDer, "; '~'l . "Amount'~ .. ;~::z:'Acc'ount Number: ,',- ':'--:.Project Number .. . ~,~ '. .,~~'-.;:Am'Ou-rit~.::'.:. " :!' i:; .. .. , E 260.08.12.00.70420 E 200510.120 514 789.00 <'~~. .. ~rizedt:::6 VENDOR COPY . . CITY Of ASHLAND REQUISITION No. PW_-FY2010 Department PW ENGINEERING Vendor Taylor Site Development, Inc. 1501 Sage Rd., Ste. B Medford, OR 9750 I Account No. 260.08.12.00.704200 Date September 16, 2010 Requested Delivery Date Deliver To Jim Olson Via (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printingjobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price POND. Construct the Jefferson Ave. Improvement Project No. 2005-10 $ 514,789.00 (Council annroved 9/7/2010) for Kari: BID IRFP 1 EXEMPT: 9/2/2010 Contract Start Date: 9/l6/2010 Contract Completion Date: 5/31120 II Insurance on file: IYES INO Proiect No: 2005-10, Job No. Unit No. I hereby certify that the above items are necessary fOf the operation of this department and are budgeted /7' ~1ZJAOri"dP=on V Issued By Date Received By r.l' G:\pub-wrks\eng\05-10 Jefferson 51 Extension\A_Admin\Taylor\05-10 Taylor Requisition.xls . . PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT DESCRIPTION Department Project Manager Department Head BUDGET INFORMATION Identify fiscal year I pote~tial splits Identify Funding Codes and Funding Code names DESIGN .100 Engineer Name PO COST Change Orders CONSTRUCTION .120 contractor name PO budget estimate bid I contract total changes total CONSTRUCTION .120 contractor name PO budget estimate bid I contract total changes total PERMIT COSTS (Building Dept) .170 NA bUdget estimate final costs 12005-10 CITY OF ASHLAND IJefferson Avenue Extension Construct an extension of Jefferson Avenue in conjunction with the Brammo Motor Sport Project Public Works Karl Johnson Mike FauQht 12009-10 260.08.12,OO.?04200 KAS & Assoc. Inc. $ 1 $ 2 3 4 9734 28,425.00 12,020,00 12010-11 260.08,12.00,704200 (pending) $ 258.75 Taylor Site Development, Inc 1501 Sage Rd Ste B Medford OR 97501 Pending $ $ 700,000.00 514,789.00 Miscellaneous Costs: Daily Tidings Advertising Daily Journal of Commerce r... , G:Pub-wrks/eng/dept-adminlengineerfprojectJ05-10 Construction proj Acet Worksheet.x1s . . ASHLAND CITY OF ASHLAND ,., PUBLIC IMPROVEMENT CONTRACT JEFFERSON A'VENUE IMPROvEMENTS' Project No. 200S2.IQ This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and Tavlor Site Development, Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract is Karl-Johnson/Ciiv of Ashlarid Public Wdr~ Deodr-mieni. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda No._I_ through No. _2_, more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "Jeff~spij.(AyenJeJnlpr6~ementi!" and WHEREAS, Contractor did on the 2nd day of September, 2010, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the. manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals. 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 Septeniher:S. 2010.11 or on the date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated . ,"-.' -.'!l or extended, be completed on or before Mav 31,2011 or before .c., ";~c,~ calendar days following Contractor's receipt of the Notice to Proceed, whichever is earlier, 3. Statement of Work City of Ashland Augusr 10, 2010 20 , . . The work under this contract is for Jefferson Avenue imorovements, includinf! street imorovements, in-water work for creek crossinf! via a multi-olate arch: oavinl!. curb and I!utter, sidewalks, storm drain. water. sewer and other utilities as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in is contained in the Contract Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in si'gning 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 Jefferson Avenue Imorovement Project for the City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum of: ($5'1~;7~'9iQ91 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 cun:ent 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 tiscal 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: Taylor Site Development Contact Name: _Mark Taylor_Phone: _541-779-3565 _Fax: 541-858-7031 Address: 1501 Sage Road, Suite B, Medford, OR 97501 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy ofW-9 is to be submitted with tlie signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # Construction Contractors Board # 133046 Citizenship: Nonresident alien Yes V No -- City of Ashland August 10, 2010 21 . . . . . , Bl,lsil)es,s Designation (check one):' ,. Partnership Individual V Corporation _ Sole Proprietorship _ Government/Nonprotit 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 LD. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2008 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that limy business arnIis not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. , Signed by Contractor: --;:{1tWc-~~ ~e.5/?7'e/? t;- Signa re/Title , Printed Name: Mark Taylor /V7P1~ 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. ?- ///- 201 t) Date CITY OF ASHLAND SIGNATURE' Approved: ~ ...Lo......s I/.oltlt>.... t, Irector of Public Works, City of Ashland (4,;".,.,,1 Date - A horized by Ordinance 3013 and Delegation Order dated Jun't'22, 2010 Coding: Reviewed: -&~ J - ~ Lee Tuneberg, Fina ce Director Reviewed: , ~ (funds appropriated current fiscal year) Date City of Ashland Augusr to, 2010 22 Richard Appicello, City Attorney ( ~ ~~ ~~ t)1ro~. (ap roved as to legal foi:n) U 'date: q Ii\/IO J , , . , ...:.u.~ .~\, ; . .. ',J . .' ...... _ . ~l . ': ~.i.: ~. City of Ashland August 10, 2010 23 < CERTIFICATIONS OF REPRESENTATION Contractor, under penalty ofpeIjury, 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 notitied 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 notitied 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 certities under penalty of peIjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: V (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ,/ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. r./ (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. i/ (5) Labor or services are performed for two or more different persons within a period of one year. i/ (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. ~~~ Contract<lr Signature Date q -14,.-10 City of Ashland AUY!lsr 10, 2010 24 . EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS 1. Contractor is Independent Conlractor a. Contractor shall perfonm the work required by this contract as an independent contractor. Although the City reserves the right (i) to specifY the desired results; (ii) to detenmine (and modify) the delivery schedule for the work to be perfonmed; and (iii) to evaluate the quality of the completed perfonmance, the City cannot and will not control the means or manner of the Contractor's perfonmance. The Contractor is responsible for detenmining the appropriate means and manner ofperfonming 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 p. 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 Pubiic 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 contnict, 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 wi1l provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the tenms 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 tenminated for default of Contractor. , Contractor covenants and agrees to bind any and all subcontractors for perfonmance of work under this Contract in , \... .:.\..~ , the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the perfonmance 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 tenms. 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 tenms of this contract. City of Ashfand August 10, 2010 25 , 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 Fonn, Surety Bond, Public Improvement Contract, Contract Standard Tenns and Conditions and Exhibits thereto, Perfonnance Bond, Payment Bond, Special Provisions, Plans entitled" Jefferson Avenue [morovemenls", Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevai/inf! Waf!e (BOLl) if aoo/icable AND any other sevarate/v 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 iffully set forth herein. 6. Contraclor'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 perfonning and furnishing the project work. 7. Drug Testing tORS 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 perfonnance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Co~tractors compliance with this representation and warranty. d.Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or City of Ashland AugfJSf 10, 2010 26 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 (I), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting rrom 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 rrom 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. to. Early Termination a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other: Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 City of Ashland August 10, 2010 27 days of the notice, then the party giving the notice may tenninate the Contract at any time thereafter by giving a written notice oftermination. J J. Payment on Early Termination a. If this contract is tenninated under I O(a)(b) or (c), the City shall pay the Contractor for work perfonned in accordance with the Contract prior to the termination date. . b. If this contract is tenninated under 10(d), by the Contractor due to a breach by the City, then th.e City shall pay the Contractor as provided in subsection (a) of this section. c. If this contract is tenninated 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. J 2. Remedies In the event oftennination 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 tennination 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 tennination of the Contract and receipt of payment as provided in section II (b). 13. Access to Records Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. City of Asl1land August 10. 2010 28 , All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. Such mater}als are subject to Oregon Public Records laws.! 15. Compliance wilh Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.IIO (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Tennination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations.. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors perfonning 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/ BOLl Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in perfonning 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 perfonnance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the perfonnance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOll prevailing wage schedule and federal wage rate schedule, if applicable, are attached to these Contract Documents as Or can be found at the following websites: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications infonnation showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as detennined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(l), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOll document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830( I)] City of Ashfand August 10, 2010 29 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. [f 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 ofORS 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 [0 hours in anyone day. or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (I) For all overtime in excess of eight hours in anyone day or 40 hours in anyone week when the work week is five consecutive days. Monday through Friday; or (2) For all overtime in excess of 10 hours in anyone day or40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract. providing the contractor has: (I) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (I) Pursuant to ORS 279C.530( I), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation fumishing 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. City of Ashland August 10, 2010 30 (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, Reiainage 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} . Iflhe contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560( I) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, infonn the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as pennitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations of the United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument. the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a fonn 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] 2 \, Progress Paymenls 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 perfonned 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 perfonned and materials incorporated in the work since commencing work City of Ashland August 10, 2010 31 ~nder 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 (8S%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site. or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation'satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment. whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (IS) 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.S70(4)(S)(6). '. g. Payment will be issued by City for the amount of the approved estimate, less five percent (S%) retainage. Except as provided in paragraph 19.above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.S%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less 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.S70(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: (I) defective work not remedied. (2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (S) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated. or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. City of Ashland August to, 2010 32 . Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, excpet as provided in ORS 279C.570(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no lurther 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 detennining progress payments and are notto be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Eslimate 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 perfonned. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibil 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 tenns of the contract documents. The date of substantial completion of all the work shall stop the accrual ofliquidated damages, if applicable. ' b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be perfonned 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."(Exbibit 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 Perfonnance 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 (I) 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 (I) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are maqe, shall be conclusive with respect to the amount earned by the Contractor, and the Contractor City of Ashland August 10, 2010 33 . 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 tinal 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 ofORS 279C.570(8). f. Monies eamed 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 detenmination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. h. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the tenms 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 perfonnance 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 perfonmance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work perfonmed 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 ofperfonming this contract: Ciry of Ashfand Augllsr 10, 2010 34 i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory perfonmance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract: [279C.S80(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment trom 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-lier subcontractor did not receive payment trom 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.SIS(2). [279C.S80(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of perfonmance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause confonming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.S80(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(S) until such time as the Contractor has detenmined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.S70( I )]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) ofORS 279C.S80 does not constitute a dispute to which the City is a party. The City shall not qe included as a party in any administrative or judicial proceeding involving such a dispute. [279C.S80(2)] e. The Contractor shall make payment promptly, as due, to all persons suppiying to the Contractor labor or material for the perfonmance of the work provided for in the contract. [ORS 279C.SOS(I)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund trom the Contractor or Subcontractor incurred in the perfonmance of the contract. [ORS 279C.SOS(I)(b)] The Contractor shall not penmit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.SOS(I)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.SOS( I )(d)] f. Pursuant to ORS 279C.SIS( I), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.SIS(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment trom the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.S80 (4) and ending upon final payment, unless payment is subject to a good faith dispute as detined in ORS 279C.S80. 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 trom the City of Ashland August 10, 2010 35 . . contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may tile 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 ofa 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: (fthe 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 Ihis chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage *- notice predominantly in areas where it will be seen by all employees. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor' shall be advised of the acceptance or of any deficiencies in the deliverable items. 26, Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (I) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dol/ars 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 ofa 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, Liabilily, 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 City of Ashland Augusr 10, 2010 36 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 perfonnance of the work. (b) unforeseen difficulties. (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim. loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnifY City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, defend the same at the Contractor's sole cost and expense, promptly satisfY any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. ,28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in Exhibil 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 I Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (I) Perfonnance 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 pennit the warranty amount to be included in the initial perfonnance 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 City of Ashland August 10, 2010 37 t~ a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. ' One-Year Warranty a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy. in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, trom activities of the Contractor in perfonming 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 trom the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the tenms 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 trom 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 trom 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 trom employment such individual or to discriminate against such individual in compensation or in tenms, 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, tenmination, 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. tORS 279C.51 O( i )&(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 Al!encies: Agriculture, Department of City of Ashland August 10, 2010 38 Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Anny 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 Wiidlife 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 At!encies: 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 Al!encies: CITY of ASHLAND City Council (Ashland Municipal Code) County Courts County Commissioners of Jackson County, County Service Districts Sanitary Districts City of Ashland August 10, 2010 39 Water Districts Fire Protection Districts Historical Preservation Commissions .Planning Commission If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the City may: (a) Tenninate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (I) Issue the contractor a change order setting forth the additional work that must be undertaken. 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 rrom 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 rrom 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) Tenninate the contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (I) Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to tenninate the contract under either subsection(a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date oftennination, 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. [[the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (t) of this section shall include the appropriate extension of contract time and compensate the contractor for al1 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 detennination of the additional compensation due to the contractor. Notwithstanding the above. the City has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 34. Waiver The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision. City shall not be precluded or estopped by any measurement, estimate or certificate made either City of Ashland August 10, 2010 40 . before or after completion and acceptance of work or payment therefore, rrom showing the true amount and character of work perfonned 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 confonn 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 tenns 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 perfonn 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 tenn 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 tenns 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 tenn or provision held invalid. 38. AUorney's Fees If a suit or action' is filed to enforce any of the tenns 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. Nolices/RiUs/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City: Karl Johnson, Engineering City of Ashland Public Works Department 20 East Main Street Ashland, OR 97520 City of Ashland August 10, 2010 41 . 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. Connict 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 oflhis 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. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I A TT ACHMENTS: EXHIBITS A-J STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW INSURANCE REQUIREMENTS INDEPENDENT CONTRACTOR CERTIFICATION BONDS (BID, PAYMENT AND PERFORMANCE) CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF COMPLIANCE RELEASE OF LIENS AND CLAIMS CERTIFICATE OF FINAL COMPLETION City of Ashland August 10, 2010 42 EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT . This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.800 and is available through the city Engineering Office at 51 Winburn Way, Ashland, Oregon or online at www.leg.state.or.us/ors City of Ashland Augusr 10, 2010 43 EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than. $1,000,000 or CJ $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. . Required by City CJ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than. $1,000,000 or CJ $3,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. . Required by City CJ Not required by City o Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (I) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related 10 the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnity, and hold harmless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required Ciry of Ashland Augusr 10, 2010 44 endorsements. Insuring companies or entItIes insurance policies shall be provided to the City. insured retention's, and/or self-insurance. are subject to City approval. If requested, copies of Contractor shall be responsible for all deductibles, self- City of Ashland August 10, 2010 45 . EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: [am authorized to act on behalf of the entity named below, and certif'y under penalty of perjury that it is a corporation. --r::f/a.e. $'-1',- .L::Pv,?/qp/W/7~C 7!t-~ ~ Entity Signatu 9-/.y-.2LJ/o 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 ofORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: I. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation lice!,ses 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 70 I, 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)'our or more of the following:) V 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. Ciry of Asfl/and August 10, 2010 46 / ~ / C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. F. . Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. '~~-4 Con actor Signature q-/~-ZOlD Date Project Manager Signature Date City of Ashland August to, 2010 47 City of Ashland, Oregon PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACIDNERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF TIDS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WIDCH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER .rr;;ylor S;-te nev.e.IOJ)/"l1OrJ"t:7J'1C CONTACT Nltl~ --r;iy/or ADDRESS /501 6a9g 1<0 5re B CITY;1r)(~dltPIIP STATE~ZIP r1~7J( TELEPHONE NO. F'f/ - 77 (( - "3.;> t,..!J'- FAX NO. .C;ljl- /3.';R - 7e3j EMAlL ADDRESS '-Ed iJ1pclloL J {J ,7,1 I. ell L'1 To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520 In response to competitive bidding, this FIRM OFFER Is submitted as an olTer by the undersigned to enter into a contract witb tbe City of Asbland for furnlsblng aU permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, tbe construction of tbe JelTerson A venue Improvements (hereinafter "Project") for tbe City of Asbland, Oregon, as sbown in tbe contract documents on file at City Community Development Building, wbicb are a condition of this OtTer as thougb they were attached. Tbls otTer Is subject to tbe following declarations as to the acts, intentions and understandings of tbe undersigned and tbe agreement of tbe City of Asbland to tbe terms and prices herein submitted. 1. The undersigned has familiarized themselves witb the nature and extent of the Contract Documents, project work, slte,locality, general nature of work to be performed by City or others at the site that relates to tbe project work required by tbe Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may atTect cost, progress, perfoniulDce, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for ohtainlng and carefully studying) examinations, investigation, exploration, tests, and studies whicb pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and whicb may alTect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and In accordance with the other terms and conditions of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required hy Contractor for such purposes. ~',!'I ,Jt .1'</II.md ll,qltS' In, .:011} 3. It is understood that the City shall investigate and detennlne the qualifications of the apparent low responsive hidder prior to awarding the contract. The City shall reject any bid hy a nonqualified or disqualified hidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any hid not in compliance with all prescribed public hidding procedures and requirements. and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be hased on minimum requirements estahlished by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City puhlic contracting rules. Additional evaluation criteria are as follows: None. 4. The deadline to file a written protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten (0) calendar days prior to hid opening. Bid closing may be extended by the City to consider a protest or request .J 5. AU of the contract documents, including aU plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this OtTer Is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. I J 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in .explanatlon and elaboration thereof and, if they are not hi confilct with those referred to in paragraph 1 above, they shall have the same force and etTect as though they were attached and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid slhe will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that slhe will provide the following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contract; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation and unemployment insurance; All other bonds, permits, licenses, etc. as required in the contract documents.\ 8. It Is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price aU services, materials, labor, equipment, and all work necessary to complete the project in accordance witb the plans and specifications shall be furnished for the said lump sum or unit price named. It Is understood that the quantities stated in connection with the price schedule for the contract are approxlmaie only and payment shall be made at the unit prices named for the actual quantities Incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a hasls of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work Involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating hid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. . '.:-~ ::1 ,I..I;/..r:,t l':./W,/1I1..,',}J{) to. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipmeni and services of all kinds required for, necessary for, or reasonahly incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this OtTer for the unit or lump sum prices in the "BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which . appears to serve the best interests of the City in accordance with ORS 279B.l00. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.l00. . 13. The foregoing prices shall include alllahor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formai contract attached within ten days, deliver surety bond or bonds as required, and deUver required proof of insurance. The bid security attacbed in the sum of five percent of the total price for the bid or comhination of bids is to become the property of the Owner in the.event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to. the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.SOO - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the aiternatlve, if the project Is to be funded with federal funds and Is subject to the Davis-Bacon Act (40 U.S.C. 1276&) bidder agrees to comply with the Davis-Bacon Act requirements. "Prevailing Wage Rates for PuhUc Works Contracts In Oregon," which are incorporated herein by reference, and can be accessed at: http://www.oregon.govIBOLYWHDIPWRlpwr_book.shtml 16. The undersigned shall furnisb bonds required by the specillcations and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17,/ c> Accompanying this OtTer Is a certified check, cashier's check or a hid bond, for the sum of o 10 , payable to the City of Ashland, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertlsemenL If this OtTer Is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (to) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this OlTer shall be considered null and void, and the bid security accompanying this OlTer shall be forfeited to and become the property of the City of Ashland. If the bid Is not accepted, the bid security.accompanying this Oller shall be returned to the undersigned. IS. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.S70, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.SOO _ 279C.870 relating to worken on public works to be paid not less than prevailing rate of wage shall he included in the contract, or in the alternative, if the project Is to be funded with federal funds and is suhject to the Davls- Bacon Act (40 U.S.C. ~276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.S38, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137.049-0200(l)(aHJ)). ,. '/ If ...\:" ~'""" I \",/".,:,,_',),.',;-:,) ^ . 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.S60. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a puhlic work pursuant to ORS 279C.S60. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The hidder understands and acknowledges that it may be disqualified from bidding on this puhlic improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated helow. . The work shall be commenced within Notice to Proceed. 15 working days after receipt of the written .,f" .;;I" (I The work shall be completed in all respects by May 31,.~ See special provisions pertaining to in water work for alternate completion date. p..cI R"y.J 1I~..:r I . . The undersigned agrees that the "Time of Completion" shaU be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete. 22. The undersigned bidder Is registered witb the Oregon Construction Contractors Board (CCB), the registration Is current and valid, and the bidder's registration number Is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shaU result in rejection of this bid. 23. The undersigned bidder Is licensed by the State Landscape Contractors Board, if appUcabl., the license is current and valid, and the bidder's registration number Is stated below. [OAR 137-049- 0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection ofthis bid. . 24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the hidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident hldder by completing the appropriate blank below. The Bidder is ~ . or is not a resident Bidder as defined in ORS 279A.120. 25. The undersigned herehy represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms; 26. . The undersigned has not directly or indirectly induced or solicited any person to suhmit a false or sham bid or refrain from bidding. The undersigned certifies that this hid has been arrived at ;:~',/ ..,,1 ~!~[;>n..1 ,krill"" 1,..,. .:011) independently and submitted without connection with any person, firm or corporation making a bid for the same material amI is, in all respects, fair and without collusion or fraud 27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(l)(c)(B)j 28. The undersigned confirms that if this contract involves asbestos ahatement or removal, the hidder is licensed under ORS 468A.710 for asbestos removal. Asbestos ahatement is not implicated in this contract. 29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public hidding procedures and requirements, and may reject for good cause any or all hids upon a finding that it is in the puhlic interest to do so. 30. The undersigned confrrms that this offer is not contingent upon City's aeceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 31. The hidder understands that the City reserves the right to make changes to the Notice to Contractors I Invitation to Bid and the resulting contract hy written addenda, prior to the closing time and date. The City will not maii notice of addenda but shall publish notice of any addenda on City's website and post the notice of addenda at Community Development. www.ashland.or.us The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this OtTer and Bid Schedule. ADDENDUM NUMBER L THROUGH 2. HAVE BEEN REVIEWED 32. The hldder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(l)(b)(C). Whether a hidder Is responsible will be determined by OKS 279C.375 and the City's compietion of the attached Bidder Responsibility Determination Form. 33. Instructions for First. Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the contract amount of a lint-tier subcontractor is greater than or equal to: (I) 5% of the project bid, but at least $15,000, or (if) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: . The subcontractor's name and address; . The subcontractor's Construction Contractor Board registration number, if one is required, and; . The subcontract dollar value. If you will not be using any subcontractors that are suhject to the above disclosure requirements, you are required to indicate "NONE" on the form. Failure to submit this form by the disclosure deadline will resuit in a non-responsive bid. A non.responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMA nON WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First. Tier Subcontractor Disclosure Form attached to this Invitation to Bid. '0,"/"/1",,:;,1;'" ;, '(JuS I ".~, . ;',' i!) . . 34.. Bidder Information and Signature '1Iiv/Df2. S;-6e De,/eIDPRleFJ/BIt' . Firm Name of Bidder Or~qo'1 State of Incorporation Dated this Name of Bidder Address Telephone No. 2AJd day of ...::S e p-6. 2010. Il4~:J;X Signat e of Bidder /v1A~1C. ~t?~ Printed Name of Bid er Prt'S,d(l/} -t Official Title 133e>4b CCB Number ~ lor c::::,i-f:.t: De v.e. I O{)I11.(;n/ .rn~ /501 SOCie Rd ..sn-'7'7Q-35f:>5 :itv {)t~iI11;I'ld ,I',qust 1'1, ;:')10 NO BID SCHEDULE .JEFFERSON A VENUE STREET IMPROVEMENTS Proiect No. 2005-10 DESCRIPTION i UNIT PRICE I AMOUNT OTY. iUNIT (FIGURES) I , I 1 LS i ;;7 I'l/Y) I iZ7t1t10 1 LS i -~ooc I i "!."~oc 1.-. """--t-.--.--- 1 LS i I"'Jooo I i [OJ co~ i ~J ocX:r ./ i .~oc.O- 1 LS i i IS,OOO- Ii I&,OCO- 1 LS Mobilization and Traffic Control Mobilization I forTtiIlH..-.lVVp. LA Temoorarv Work Zone & Traffic Control. Comnlete ThR~~ To-l"" .. ^ Erosion Control for \B).J nh)u ;...Po...... () 1 2 3 Roadwork Clearimz & Grubbiml for E"I.(, Ii T THou:,..",.::. 4 Dollars Earthwork for F"t.F-1E' E N "T\-\OU\."'rvt\ 5 Dollars Storm & Sanitarv Sewer Connection to ExistinlZ Sanitary Sewer Manholes for 5<:1. TI-l\JU~I'W~ '. 6 Dollars Construct Standard SanitarY Sewer Manholes for Fou It T"ClU <;11."-1 t:> 7 Dollars . Install 8" PVC Sewer Pice. inc. backfill & testinlZ for t:~"""T '"T1-t(')~~'I:'\ FOI't1't 8 Dollars Install 6" PVC Sewer Lateral. inc. backfill & testinlZ for 51-'ll n\O""A."olt->TwD \olU1VMco FtFT~ 2 Dollars Install 48" Storm Drain Manholes for \'-;:rjGf N t\v"-lt>I1:t;:Q 10 Dollars Install 60" Storm Drain Control Manholes for "T~~1't !'o"p" \-\v>:lt>:<.!;l:) 11 Dollars Install 48" Storrn Drain Detention Pice Inc. 24" Transitions for 1l\R.c;:t; ffia\J<"",,.,t. 12 Dollars Concrete Inlets. Tvce SW for ~ e. ic;:C; N "ffia\JSN";) 13 Dollars Install 15" HOPE Storm Drain Pipe for I=-..FTc;c;/V "'\JNbi!.~ <;'"1:.><,'1 14 Dollars Install TVDe B-SL Inlets 15 for ~;[hl.rt I-'.v!O)i:I\1!;'O NO DESCRIPTION OTY. I UNIT UNIT PRICE AMOUNT J!'lGugE~) """------. Dollars -----.---.--"<-- ------.--- 12" HOPE Storm Drain Pine i 2) 05b- for TwO 1l<G\"~Ar"~ FU'T'f i l.S- 16 Dollars . 82 LF 12'X4' Structural Plate Arch Pine (ODOT 4fpO- ~- ~-or".. t:"l:VE i -3 SlY i- ,- . for WZ,~G illoUSoAklt>':r..tG H~IJJ.".,-o 17 Dollars T '-'II AlT't 112 LF 12" HOPE Culvert for FO~'f-F"tv~ HUlilJ.'Z.l'O f'<FTY-FOu,~ i 22. - i~5S'l- 18 Dollars 207 LF 12" Minus River Run Rock Scour Protection for Tu (; 1\l1'l-1Il1lQ- fluAl Dl1.€1>"!E N i 3~- i2,3010- 19 Dollars 66 CY 8" HOPE Culvert @ Drivewav Crossines I,~"$- for 1)\U\1€kN \"I00M.Eo s;c.l<T'f- FLv~ i:1~- i 20 Dollars 91 LF . Class 100 RIP RAP Outfall wI Base Rock for Fl:.v€ "\JNM(;() i SW'- i 500- 21 Dollars 1 LS I Install Kevstone Wine walls for :s.81GIIlH- iO<:"fn \\<I,vDf.f1> lEN i II- i 7, 'ffIO. 22 Dollars 710 SF , Bases . Pit Run or 4" Shale Embankment Allowance Iii, \'00- for GX"HTEEN HU"-lI'>R"'D i I~- 23 Dollars 100 CY 4 Inch - 0 Aeereeate Base for Al"Wf'Tt;J.) Thou~~ U:;}.J/; HUAlMffi F.li'1'\' ilL./- i 1'1, 'I ~"1l" 24 Dollars 1.425 CY I Inch o Aeereeate Base I for ~:tFfE!; Io.J ~ov~!llIt.'tg; HUrl/Diro .s:;:xTy i 2.</- I i I S,3f<)' 25 Dollars 640 CY I ODOT Stabilization Fabric ! for Folti'r-'T\.oJO I-\<lAl~.e.Et) i I o.e I i'i,LCO' 26 Dollars 3.000 SY Wearinl! Surfaces 5 Inch HMAC Mixture I , for f.:I:H'11"\.\oI.lSIWI'> lJI:I.J.. HV}.)Oi<~'O f:!:"fi'-FI I iH- I i SQ'lSS- 27 Dollars 645 TON I Curb and Gutter Concrete Curbs ---.---------"-1"'-_.-------- for ~ U\t;"~ /J 11l0<l ~II." :\ i 12. - i i 15..000' 28 Dollars 1.250 LF I , --.----.--.j-----. 4" Concrete Sidewalks I for r=oI2.T'11\\o...::'I\...AlD S€'/E'N Hu'JO~ro fbl!:T't iYl,2 i i i~14o- 29 Dollars 9.700 SFf ! 6" Reinforced Concrete Sidewalk -_.__..--~-~I--'-.'_. 30 for1LJt:NT'1-FI:v~ HU/lJQu;Q s+'lC:T"{ 320 SFf i 3- ! i 2.5Ul- , -~ 4 Z , :? 2';;:/ ',' NO DESCRIPTION Dollars Install Betula 'BNMF' Trees for T);/!'Ef il!O\Js'A.NCI 45 Dollars Install Fraxinus 'Cimmzam' Trees for 11l1R't'l. Fo.:lR. lIu III Ol!>t\ TW E Ni't 46 Dollars Install Baccaris oillularis Shrubs for "1\\/!,H: HIJ/Joz'rn SEIIE^,r't -SoEI/!;N 47 Dollars Install Ceanothus 'Dark Star' Shrubs for 5>C:I/E-... I\\JNM.E'O ~"1F'N - &LJl 48 Dollars Install Comus sericea Shrubs for ':,r)l. l-\u1lJ()<.~ ,v -r:.N1F': 49 Dollars Install Mahonia reoens Shrubs for Ele.vh \\UJIlDI<.E't) t'".tbHT'1". ~rbHT 50 Dollars Install Rosa rul!osa Shrubs for &"1",,"'" l'.uNhHb ~'f 'ONE" 51 Dollars Install Salix purourea 'Nana' Shrubs for Fou~~AJ Hu/JO<l.Et\ SEVfNTY-Ni-N. 52 Dollars Install Salix sitchensis Shrubs for tl w= H\J IV 0 l IOn ,\.,;f 1\J,'l' 53 Dollars Install Soiraea doul!lasii Shrubs for 5EIlj;:NTt.=".... ~ll/JDR.~ III:tRT'1-5~l< 54 Dollars Install Bioswale Plant Mix - PT 404 Seed Mix for F-r,u ~\.I.'-lDR.m 55 Dollars Install Bioswale Gravel Plant Mix - SHRUBS for ThlR,.'1-,...,,,, \-\u,.I\Rrn f:tr"t'l 56 Dollars Install Eschschoiz;a califomica - Fescue Mix for O/JE: HuI\JO(.ID Fn=T'1 57 Dollars Install Acer Macroohvllum Trees for SI:.l< HuoJt>R.G'D ~xT't 58 Dollars Install Pseudotsul!a Menziesii Trees for ThIZ.E'E' H\JI\l">l!1'l:> IIIxsn'Y 59 Dollars Install Pooulus B.S, trichocaroa Trees for T\lIl.&"r.: Mll Il .,)Rro 11-\=-'1 60 Dollars OTY, 99 250 UNIT 10 \8 29 27 21 UNIT PRICE i AMOUNT (FIGURES) i - - - - -- - --. ---T-------' - --- f I ! I ! ~ ? oco- I'" - I i~OO- EA i iqo- EA i ))- EA i 2. 'i!- EA i 2."1- EA n,'12.0- I i "Srr ! ! ~?Slc~ I Ii Ic.dl- i 12. - i I, m" EA n.__--'-__ ________ i2.Q- il,I~I- 39 5\ 3 62 2 LBS 3 LBS 4 ~ 2 I i 3. "L<;b- , i Ii 160' , I I I ! i "'c- I ~_ ~~_n , ! -l-i ~~~~ I ------.-----....------.----.---.." EA i 2.q- EA i .,0. EA i 2.~- EA i l..~'b-- il':>- EA i Sb" i I(oS' EA i i(o'S . EA i jbS- EA I i 1,"17"1- I i 1'2..0 - I I i 1,7)(,- i 9:0- 4.GLf,536 I I UNIT PRICE i AMOUNT NO DESCRIPTION OTY. I UNIT t ___JfIQURI.l~) -L----------- Dollars I 6" Reinforced Concrete Drivewavs I i ~ '-/% - for TWENTY- Foul1 I-\I.1NOltl;O .oJDJ<T1-~)I i ~.- 31 Dollars 416 SFf I 4' Wide Concrete Utilitv Pads I , for lW~i~- Fcu~ \\ul,JCl'~f"O i <SCO- Ii 2..,'-/00-- 32 Dollars 3 EA I Street Liehtine and Electrical Sternbere Street Lieht. Pole and I-Box 370C' i ~,~() - for e1:('I1T!;f"rnlU\J~II.Li~ F-4V~ \\u/JD!~E1) . ~ '~,,-e~u i Z~ _.~...~. 33 Dollars 5 EA Sinele Phase Transformer Pad Assv. (644.Trans) ~2'700- for 1UiE/JT"'-Si"~~N nUN:lZED i 2.,7oer 34 Dollars I EA 3-Phase Primarv Cabinet Assv. (575-Sectl for T~N Tl\O\J"P"J~ ,we i-klo.JMFl\ i ~"'-lOO- i 10,2.CO- 35 Dollars 3 EA 2" PVC Street Lieht Conduit Incl. Trenchine S- for 5.:&:11. i"W.'-.3.iUl'I i'~ i ",oeo-- 36 Dollars I. 200 LF I Primarv Conduit Trench wi 3-3" PVC.2- 2" PVC and 1-4" PVC conduits wi oull rooes i 12- i 1't,YoO for t:O\J!tTt;~^' nlOJ""'^,~ F-CoJ(. l-!uNllll.rn 37 Dollars 1.200 LF Water Line . 8" Ductile Iron Water Pioe. Fittines. Couolines I iZS, g30- and Backfill i '12..- for 't\..,,,,,,n- Ft:v.:= ~ ~ EU,t-tf I-I""N~~O I 38 Dollars ,,..It\,'j' 615 LF Standard Fire Hvdrant Assemblv. wi Gate Valve I for S,EVe.ViY - Fe\){ \-I v N M rn --.... i 3-700- ! 1 7,400- . 39. Dollars 2 EA I 8" eate valves r for fuR"r':-<:'EVG.... ".J /JOl<'o2O F-:t:Fr1' i qQl- ! 1'-/ Jijb- , , 40 Dollars 5 EA I I Connect to Existine 8" Water Line , I for TI">{:Nn-FouR. \.\()"D~G1) i ~1.00- t i 2,'Icxr 41 Dollars 2 EA ! , 2 Inch Water Service Connection , i for 1W~'f- f'OvP. H\.lNDgrn i luc:x:r i 1 2, 400' 42 Dollars . 1 M. j - r---- I" Air Relief Assemblv , for ~I"I-tT \-\UI\l!'lIl~ i Scc- 11 <SCU- 43 Dollars 1 EA I I Landscaoine Install Acer 'October Glorv' Trees i ~OO- P.OCO- 44 for T\-\~{:!' 11\OU>.AN~ 10 EA 4.4b, s-oo . I ~~1AMOUN' NO DESCRIPTION OTY. ' UNIT Install Fraxinus latifolia Trees for FoUi!. \-\\.l~ DI2.>="h "rItv8"~- Fr'll~ i \ ,,~- i 4<K- 61 Dollars 3 EA I Install Alnus rhombifolia Trees for EIGIIT HU/oJ9'('ffi 1WENTY- ,c-"I.W; i \(o~- i (?2s;"- 62 Dollars 5 EA Install Rosa nutkana Shrubs i2j)~ Ii $70- for ~:rVl;; HU/.jD~ffi Skvf;;Nr'f 63 Dollars 20 EA Install Mahonia aouifolium Shrubs i for F-1'''''-I.k)NOz~1'l TL.)~NT,(-T""O i 2.q- I i 52.2..- 64 Dollars 18 EA Install PhiliadelDhus lewisii Shrubs. lr !i for -r\\/tE€' HUIIlO(R) nft.R.i"l'- s'l:)( i 316- 65 Dollars 12 EA I Install Ribes sanguineum Shrubs for F-:r VI< \ILlI\iDJl.~ TWF-..fi'l'.Tl...>u i 2.'/- i 522.- 66 Dollars 18 EA I Install Salix sitchensis Shrubs for t:::r.vc I-\dN!)IZ~ ~:x. XT't i l.<<- i S'bO. 67 Dollars 20 EA Install SvmDhoricaqx>s albus Shrubs i 5yo- for F:rv:; "'\lIUD/l:F\') nl,NT'1 i 2.'1- 68 Dollars 20 EA ----.----..-...--.-- ___,_._______...u___.,_ Install J uncus effusus for SX-)t.:T'r i ~o- i W. 69 Doll.... 3 EA Install Eleocharis Dalustris for FoI2.T'1 i 2.D" 1 "fO- 70 Dollars 2 EA Install Scirous acutus for FGt.T'1 i 2..0. 1 '{o- 7l Dollars 2 EA Install Carex obnuDta for Fo Iti 't i 2.0" 1 'to- n Dollars 6 EA Install 6" Sandv Loam Soil (bioswale) for ~J:.l'o TlIovS.AlJO 130- i 9000- 73 Dollars 200 CY Install 3" Wood ChiD Mulch (adiacentto stream crossing) i 40" 1 C;,ccc- for ~:r" Tl\()l)~A.oJQ ------J--------- 74 Dollars 150 CY Install 4"-6" Cobbles (around 14 concrete inlets) I for III Rfl; 1-\ LlND~ E'D i~-' il 3c<J - 75 Dollars 1 CY I Install 6" of 1 1/2" Clean Round Drainrock (bioswale wi gravel) i ~.- 11!5'iO- for ~IbHTEE'" 1-\\J1\iM'~ ,V'.tNET't 76 Dollars 63 CY 4.83.316 r , NO DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT (FIGURES' Install 4" Pea Gravel (ribbon in bioswale wi grmll i SO'" i 7:):)- for f4.fT't SE\lE/U t\uAi':l~ffi l=iFl'l 77 Dollan; 15 Cy Install 4" Cobble (around oea lmIvel in bioswale -- w/lmlven i St>- i 2.000. for T\vo 11'IW~A"'. 0 78 Doll..... 40 CY Install Boulders (bioswale w/lmlven for ~UR ,""('\U,<,A.\. Cl i 4()- i '-j0Cf)- 79 Dollan; 100 EA Install Standard Sorav Zone Irril!ation Svstems i &"~'l 7~ for s:i.Xf1-sevc"" HuN [)~ro T€N i (.,;710- 80 Doll..... 8 EA Install Standard Drio Zone Irril!ation Svstems for il-IIRT/ -Tf\ltg: I-IdI\.lO~,;:O i ~U" - i 3,3CO- II Dollan; 4 EA Install Controllers (Rainbird ESP.LX) i ,it>2-"~ forF levE^, "'OV-">AI\l~ fDll.\'{-JII..'V;; . ~ i "JO'jq- . 82 Doll..... 4 Install Backflow Device (Wilkins #7OSS 1 ") for 1"W~T't -Tc...c i-IUkl~.e.,,('.. ~::r:ll"'GGN i S5'1'- i 2;l./("- 83 Dollan; 4 EA Install Shutoff Valve for f")ull.. ~vN!.lRI;'D i 100" i l..{OO' 84 Dollars 4 EA ; Install Ouick Couoler ~- u for ON~TlIUJSA.'" D Pr--n"l' - f~bHr H.b2. - i , 85 Dollan; 4 EA BASE BID TOTAL Ii +-:-1 , ,,-,/'100 , -,.. r.t 514} 789, 00 5414886006 ASHlAND PUBLK WORK 02; 56;04 p.m. 0'3-02-2010 1/1 city '" As..... FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As aeq_imlby OKS 279C.J70 lad OAR 1J7-04t-J60) JEFFERSON A VENUE STREET IMPitOVEMBHJ5.. PROJECT 200S-11 . , '""":! ) Bid CIasioIK Date: SeplNlber 1, 2010 CATEGORY OF WORK ",' j,.. II OOL~1l JA~Utj;; 1_ ..- , ~. . -.,' :" NAME OF SUBCONTRACTOR I I I. , .1\(1 \ ~c:' K\ \.1 ~ R.. ~t:.\" ; r1 (I ,)() 14>IDCO~ , ~::. " 2?r-\L'; tC,c. EJE't'J6c" L ---flec..Tr;~d j ~!5, 000 ,)(., 4 5 6 7 8 9 , - 10 . List above the Name, Dollar Value and Category of Wofk of each subconlraClor thai will be furnishing labor or labor and maleria'. and thai is required 10 be disclo5ed. die dollar value of the Subcontracl aDd the calegory of work that the subcontraclDf will be performing. Enter "NONE" if there are 00 ,ub<Ol1llacton thaI need 10 be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). TAYLOR SITE DEVELOPMEt-lT, INC 1501 SAGE ROAD, SUITE B MEDFORD, OR 97501 .} .~.....- ,--~..!// ~'--7-"--- J j ~', Ii ! C<-i/.... / " v .,"l/fHl;;,II.I,.,' "_~"'" ,.J, .~"ff' ., 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: ./ (I) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. V (2) Commercial advertising or business cards or a trade association membership are purchased for the business. / (3) Telephone listing is used for the business separateJrom the personal residence listing. V (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. ~i()Q Contractor ~)llc::' De.Vd()il/M~;; .L1c . Date .V -)1 1 ;,)!.),~lI : ',71,,-;( ;1', _',no ..,., ,. PERFORMANCe BOND The undersim1!d Taylor Si te Development, Inc. . as olinda.1. funhetrefetred to in 015 bond DB Con~~ctor. and North American Specialty Insurance Company n!f. AUretY further referTed. to in Rhi. bond lH. Surety. are iointly and 5evernJlv bound unto City of Ashland. DI obU&ee. further referred to in this bond as City. in the sum of Five hundred and fourteen thousand. seven hundred and eighty-nine dollars and no cents. Dollors IS 514.789 _ 00 I. Conlmctor and City have entered into a wriuen contract dated September 8, 2010 _ for the following: umlect: JefI'enGII..........,. ImaMvemenls. This conlntCt is further referred 10 in thi. band RI the Conlrllcl and is ineomorft....... into this bond bv this reference.. The mnditinns of thiR bnnd are: L tf Contrnctot faithfully nerfonnA the Contract I" JlN"nrdBnce with thI! alan!. mecificnttons and conditions of the contract within the lime amcribed ~y the Contract. u reouired by OIlS 219C. 380 IhrouRh 279C.385. then mi. obliurion is null and void: otherwile ;'111011 remain in full force and effect. 2. II Contractor is declared ~y City to be in default under the Contract.. the SuretY mall nromntly remedy the default. nerfonn nil or ContI'M=tm'". obDutions under the contract in accordance with its terms and eonditioM and nay to Citv nIl dnma2I!R that On!: due under the COntrnd.. 3. This bond illUbiec:t to claims underORS 279C.180 throUM '279C.]90. 4. This obliution fointlv and severally binds Contractor nod Surety and their relfoective heirs. ~1em1nrs. admfnlltratorl. IUeeftSOlS.. ,. Surety waives notice of modification of the Contrnct or extension of the Contract time. 6. NOl1P"vmenl of the bond premium shall not Invalidate this bond. 7. The bond number and the name. address. and leleohone number of the slIentautmrized to receive notices concerninll thl& bond are u foUOWl. Bond Number: 2136455 Bond Agent: Phoenix Surety & Insurance Agency. Inc. Ad~s: 1499 SE Tech Center Place, Ste. 150 Vancouver. WA 98683-4301 Teleplmne: (360) 892-5840 SIONED lhla 9th day of September 2010. C.tVat,;hll!,llld ""0'1"'" 1(I,2O'D 48 PmlFORMANCE RONO Pnft 2 WITNESS: (Corporate SelII) By: Tille: ~~'"" ide-/' CONTRACTOR: Legal Address: 1501 Sage Rd.. Ste _ B Med rd, OR 9750 Atteat: - e Secretary WITNESS: (Corporate Seal) SURETY: By: Specialty Insurance Company Tit~: Bonnie Riddle, Attorney-In-Fact Legal AddreSS: 960 Broadway Ave.,. Ste.420 Boise, ID 83706 Attest: (see attached POAl Corporate Secretary ~~tr tJt A liNoUJd .lr,qu&1 10, lOlO 49 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in lhe City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: ROBERT LAGLER and BONNIE RIDDLE JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifYing the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." .~\\\UIIlIIIIJJI.' I>.~\\ ~TY \"~ #"..(;P ........ ~~~ ~ ..,~:;:n~OR;f'.. v; ~ i!!...~ """'2.'" ~ . \.cz.- giff SEAL '~~g s..'.~ "" <>in;; ~:\.-:~ ~~./o~ ~ ....!t'..,I.W"!'.~......Sf 'to...~...........:""b~# ''44, ON.""f';\~ \"11If111l11l\\\\\\~ By Sfe~en P. Anderwn, President & Chief Elteutln Officer ofWuhington Internalional Insurance Com piny & Senior Viu Presh:Sent of North American Specially In$urlnn Com piny [ja-- t1il'\"II~"U"" :nON"'l' '^~~-"""..,I". ~ ,,'<f-c.bll.POIti):~'" Ii SEAL <\ i~:" (//)~. "~.,_f./f ~:ir;.'" ~~.c::.r.~-.u-.........._- By . David M. Laymln, Senior Vice Prniden( ofWashin;ton lnltnlllionallnsuranee Company & Viee Prnident of North Ameriean Spei:ialty Inlunnee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company havc caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of March .20-.!Q. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 23rddayof March. 20--1Q, before me, a Notary Public personally appeared Steven P. Anderson, President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resoective comoanies. "OFFlCIAL SEAL:' DONNA D. SKLENS Notal)' Public. State of Illinois My Coll'.mission F~ires 10,0Y2(}11 (\ ~ A-v. (IY'V7'~ ;() ~JJ.~ Donna D. Sklens, Notary Public I, James A. Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of September . 20~. ~'14/!3~ James A. Carpetlter. Vice President & Assistant Socrelaf)" ofWashinglon Internationallnsur1lnce Company & North American Specially Insul'lllceCompany PA YMF.NT BOND Tbeqpdeni~ Taylor Site Development, Inc. .p5 nrincloal. ruither referred to In tht. bond as Contraclnr and North American Specialty Insurance Company . ".SURlY. further referred-to In thl. bond DI SurtlY. ore fointlv and severallv bound unto City of Mhland. as oblhree. further referred to In this bond u Citv. in the $um of Five hundred and fourteen thousand, seven hundred and eighty-nine dollars and no cents. \. DoIIarl15514.789.00 Contractor and Citv have entered Into a wrllten contract dRtM . September 8, 2010 . for the followint! Dl'Qieet: Jefferson Avenue ImDl"Dyentll!!ftu. This conlract is funher mfeMd to In !hi! bond as the C:ontract and tllncomorntm into this bond ~v thill reference. The c:ondilions or this bond ""': I. IrContmetor faithfullv ~orml the CQntract within the lime OI1!Ittibed bv the Contnld.. and nmmaltv makes oavment to all claimants. as defined in OR! 279C.600 thrau. 279C.620. Ihen this oflJi"ation i. null Bnd void: otherwise It shall remain In full force and effect. 2. If ConlrBctor i5 declared by City 10 be in dl!!faull UndM the Contract. tile Surety .hnll nmnmtly remedy the defaulL nermrm all of Contractor's oblfbtlOns under thf! contract In .R~ with ill terms and condition. and DaY to City all dam.aM that an!: due under the Contract. 3. This bond is I~ieet tn elninu under ORS 27gc.600 thrnugh 27OC.Ji20. 4. This obltutlon iolntlv and ~vemUv hinds CQlIInlCtot and Surety and their rMnective ht!in.. eucuMrs. IIdminiSlratofl. s.',....,..."'I. 5. Suretv waive.! nntiCf! of modification of the Conlnlet or extemlon of the Contract tfml!!. 6. Nonoavment or the bond oremium shall not InwH4ate Ihii bond. 7. The bond number and the name.. address. 8nd leleohone ",umber of the Lurenl Authorf:!M to ~Ive nolicel ~nct!min2 this bond Are U (0110\\'1: Bond Number: 2136455 Bond Agent: Phoenix Surety & Insurance Agency, Inc. Address: 1499 SE Tech Center Place, Ste. 150 Vancouver, WA 98683~4301 Telephone: (360) 892-5840 SIONED thi! 9th day of September 2010. ':.1y r:d A$hI."., .1'1(11,11 ,,,, JIIIO 50 PAYMENT BOND PIl2e 2 WITNESS: (Corporate Seal) ~ ~"~~' By:-7fl~ . Tille: 1), . ~ Inc. Legal Address: 1501 Sage Rd., Ste. B Attest Company WITNESS: (Corporate Seal) SURETY: By: Title: Attorney-In-Fact LegalAddreu: 960 Broadway Ave., Ste. 420. Boise, 10 83706 Allest: (Bee POA) CorpOt'llte Secretary ;;.,o)r'~.lnd "',.qIIS' III. ,\1'0 S1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF A TIORNEY . KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New flampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire"and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: ROBERT LAGLER and BONNIE RIDDLE JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and" deed, bonds or other writings obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required orpennitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY.FIVE MILLION ($25,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signatme of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ..\\\\\\UIlUfllllllll. ~....r c;,\MJTl" 1I.~ ~v"#'''. "'"".,... 'to~ ~ ~"~ ........,x,'''':\.. "~l '''''. " ~ . . :::: :: ! seAl :n:: -e" uu. 'm- ~'!l.\.\. .1973 l'i8l 'l>.~"" ..~'~ $ "~+"4;;"""~.~" 7t1fJj11"~r;I1\"'\\*~ By Slrfta P. Aadenoa, I"ruIdeDt &: Chid' [ueal," omur ofWublactoa latl!raatioDalIDlIlr8ftn Company &: SaUor Vice PraMeDI ofNortb American Spedalty IDSI1I"aOCC CompaDY ~c ~~~ By David M. uymaa, SenIor Vice Pmlldeaf ofWubinpolllntmlatlODalIDlurance Company "4 Vice Pmlldent orNortb Americaa Specialty IDsul"llftCl Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2300 day of March, 20.JQ. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 23rdday of March, 20...lQ, before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resoective comoanies. "OFFlQ.oU. SEAC' DONNA D. SKI.ENS NotaJy Pubtic, State of IllinOis My Commlsslon Elpu..l00\'2011 fJ~.a J] ~ Donna D. SkIens, Notary Public It James A. Camenter , the duly elected Assistant SecretarY of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and WashingtOn International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of Septemher . 20~. ?~'.L,..W/!3~ J_ A. Carpcntez-, Vice PraidCSl.t &. AaiJtmt Sec:mmy of Washington lntanalionallnsurance ComJIIIIY & Nor1h AlllmiCIII. Specially Insunnco Company SAIF Corporation 9/10/2010 9:22:55 AM PAGE 1/001 Fax server '" . www.saif.com OREGON WORKERS COMPENSATION CERTIFICATE OF INSURANCE .!!If CERTIFICATE HOLDER: CITY OF ASHLAND DEPT OF PUBUC WORKS 51 WINBURN WAY ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy desaibed hen>in is subject to all the terms, exdusions and conditions of such policy. POUCY NO. 497846 POUCY PERIOD 01/01/2010 to 01/01/2011 ISSUE DATE 09/10/2010 INSURED: TAYLOR SITE OEVELOPMENT INC 1501 SAGE RD STE B MEDFORD, OR 97501-1762 BROKER OF RECORD: LIMITS OF UABIUTY: Bodily Injury by Accident Bodily Injury by Disease Body Injury by Disease $1,000,000 $1,000,000 $1,000,000 eadl aaident each employee policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend Or alter the coverage afforded by the pol ides above. AUTHORIZED REPRESENTATIVE ~r?f' Jr ~~i~ --- President and CEO 400 High 5..... SE Salem. OR 97312 p, 800.285_8525 F:.503.313.80'20 Pc*y_8;atth_Cl!rtUk:.oII~ ,.~ -e.~. CERTIFICATE OF LIABILITY INSURANCE I ~n-,," . OP 10 DT 09/10/10 THIS C81TlFICATE IS ISSUEn AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMA TlVEL Y OR NEGA TlVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ,,: ",ne C8rtlnC8te nOlaer IS en , tne pOliCY!''''' musI oe enaorsea. liS, subJecITo the tenns and conditions of the policy. certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - I=~T Diana M. Thomas United Risk Solutions, Inc. Ii.::..!m: 541"'245-1111 1~.No~ 541-245-1112 .- PO Box 936 -..: diana.thomas@unitedrisk.com Medford OR 97501-0067 - TAYL02C CWTOIEltIlI: Phone: 541-245-1111 Fax: 541~24S-1112 INIlJIWt(tI.vfOltOllrlO~ ~, - _A' American Fire 5 Casualty Taylor Site Development, Inc. -.: 1501 sag. Rd., St.. B Medford, OR 97501-1762 __I;:: _D: INSUIlI!lIl: -,: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THlSI$TOCERlIfYTHAT"'POUClE'Cll'IN8UIW'ICfUSTtl)8ElOW'HAVEIIUN~TOlIEINSUIlftIIMIoIEDAIIO'o'EFORlIEPOUc:'fPElllOO INOICATEO_ NOTWTHSTAIONGmf IIlOUlRE/IENT. mlMOA CONCIIT1OftO# NrrCCiNTllAClOA OTIElI:OOCI.ICHTVolTH RUPECTTOYlHCHTHlS CERTlfICATE.....yU~OIl.....yPElffAlN, lHEllCSURAHCE~.yTHlPCIUCIUOUCIlI8EOHEMlNI.~TOAU.MTUMS. EJlCU/$lQN$AHOCOtDTlOHSO#SUCHl'CUCIU.I.MTSSltCl'NlMAYHAVlKEHMOUCEDIYPAlOCl.AlMS - _M_ ""- .... "'""~ "'"""" em ou - II'OUC:YIIU.-eR -"" l-=l ..... --~ U.CHOCCUAREHCE $ 1,000,000 - OAMAGETOMNTEO A X Ca.lMERCIAl.GENEltAl.UAU,JTi' BKA54278864 10/01/0. 101011110 ~E"SES(&_) 1100,000 I~ ~~ IlEOWlM!'...por-.) 15,000 - X J'tRSOHAt.5,I,{W1tUlln' 11,000,000 I- GEHEltAl.AGGIlEGATE $ 2,000,000 nAGGREGATE~_r;:PER: n I PltClDl..lC'nl.COIIFIOI'AGG 12,000,000 POLICY X JEer I.OC , ~u~ COM8INED SlNGlE LlMlT I- (h_l $ 1,000,000 A I- -.= BAAS4278864 '010110' 10/01/10 IKXllLYINJUllY~f-' , f-- AU.(MHI;DAVTOlI BODILYINJUIlY(Pw~ , P- -'""" X M",,",""'" , ~ ~m,""" ...-, ~ NClN-Cl'MEDAUTCIS , , ,........"" H=-. EACHOCCURRENCE . I- --"" AOOREGATE , ~ ~~ , ,~ . , --- -'...WCSTA'IU- I lo:- AM! e_QYPllIoUA8UTY ". ToRV ~..,.. NN PIIOPfUETOM'AftTNEIt/lllECVTr.'E 0 E-L. EACH ACCIOENT , Of"FICERotola.eEREXCLUOED1' " (MoIwIoIoryInNHI E-L. IlI$EASE-EA EMPLOYEE , Wy...__ tlESCRIP1lCitlOF OPERATlONiltIolow U.llIsu.sE.POUCYLMIT . DUC:IlIl>TlONOI-.<<l_,LOCA_,ftllCU:lCADdI.tloCOIlDIIt,__-.._....II~ certificate Bolder, City's otticers, agents, and employees ore Ad.di. tional Inaured aa respeota Jetferaon Avenue Improvementa, Project No. 2005-10 per policy form No. CG 8579 0505 attached. CERTIFICATE HOLDER CANCELLATION CITAS02 IIItOUUlNl'rOf"tIq!UOII1;~.-ouclURCNlCnL.EDIIEI'OIlIE T1IEDf'lIIAnoNl>>.Tf:_.N01ICI!wu.RDBNlIlDllN ACCOIICloUClt:wm4""I'OUCY-' City ot Aahland Department of Public Works 51 Winburn Way Ashland OR 97520 M/TIIClRIZB)ItEPWl!HNTATM! ACORD 25 (2009/09) 9 . 009 CORD CORPORATION. All rights reservod. Tho ACORD namo snd laga are registered marks of ACORD " COMMERCIAL GENERAL LIABILITY CG 8579 05 05 . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS@ FOR CONSTRUCTION (OREGON) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subiect Paae --7 Blanket Additional Insured (Owners. Lessees or Contractors) Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent Non-Owned Watercraft Supplementary Payments (Bail Bonds) Personal And Advertising Injury - Electronic Publication Extension Aggregate Limits (Per Location) Aggregate Limits (Per Project) Voluntary Property Damage Coverage Off Premises Care, Custody or Control Coverage Newly Formed or Acquired Organizations Duties in the Event of Occurrence, Offense, Claim or Suit Bodily Injury (Mental Anguish) --7 Waiver of TransferofRights Of R~covery AgainsfOthers Medical Payments Broad Named Insured Broadened Mobile Equipment Incidental Malpractice Liability Non-Owned Aircraft Property Damage - Elevators 2 3 4 4 5 5 5 6 6 7 7 8 8 8 8 8 8 9 9 CG 8579 05 05 E58700 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of9 . " . ---7 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability caused by your negligence and: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, enginee~s or surveyo~s rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - LimIts Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the , negligence of the additional insured. CG 8579 05 05 ES8800 Includes copyrighted material of ISO Properties. Inc., with its permission. Page 2 of9 . ,. . D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suif' from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of anyone fire, lightning, "explosion" or sprinkler leakage incident. CG 8579 05 05 E ... 00 Indudes copyrighted matenal of ISO Properties, Ine.. with its pennlsslon. Page 3 of 9 . _\~ . 5. PERSONAL AND ADVERTISING INJURY. ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V. Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written. televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V . Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive office~' director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B . Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Lim~ under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by.a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Lim~ under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you.u CG 8579 05 05 E591 00 Indudes copyrighted material of ISO Properties, Inc., with its pennission. Page 5 of 9 . :..' . 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss. to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy. rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance. The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" in anyone "occurrence" until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8579 05 05 E 5&2 00 Indudes copyrtghted matertal of ISO Properties, Ine.. with its permission. Page 6 of 9 . y' . 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However. a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner. if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suif' will not be considered breached unless the breach occurs after such claim or "suif' is known to: 1. You. if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suif' by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8579 05 05 E 59300 Indudes copyrighted material of ISO Properties. Inc., with its permission. Page 7 of9 . jo"' # ~ 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section II . Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V . Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V . Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V . Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. is. NON-OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I . Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG S579 05 05 E 59400 Includes copyrighted material of ISO Properties, Inc., with its permission. Page S of9 " . j,~\-' ~ 19. PROPERTY DAMAGE. ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8579 05 05 E 595 00 Indudes copyrighted material of ISO Properties, Inc., with its permission. Page 9 of9