HomeMy WebLinkAbout2015-011 Contract - Vitus Construction
C I T Y °,F CITY OF ASHLAND
ASHLAND PUBLIC IMPROVEMENT CONTRACT
FWA
ASHLAND CREEK PARK - PLAZA PAVING
Project No. 2005-08
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter
"City") and Vitus Construction Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract is
Steve Ennis. Proiect Manager City of Ashland Parks Devartment
WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package (including but not
limited to Invitation to Bid. Public Improvement Contract Contract Standard Terms and Conditions Conditions
General Provisions. Technical Specifications Drawings and Addenda (hereinafter referred to as "Contract
Documents') for its project entitled Ashland Creek Park - Plaza Paving and
WHEREAS, Contractor did on the 2nd day of December, 2014, file with City a bid to furnish equipment, labor,
material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed
to accept as payment therefore the sums fully stated and set forth in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and
conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances
and perform said work, together with the manner and time of furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows:
1. Recitals.
These recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on the date at which every party has signed this contract, whichever is later. The
work under this contract shall, unless otherwise terminated or extended, be completed on or before 30
calendar days from notice to proceed.
3. Statement of Work
The work under this contract is for Ashland Creek Park - Plaza Pavina_ 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 the Contract Documents. Contractor acknowledges
receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges
Contractor has read and fully understands the Contract Documents, and understands that in signing this
Agreement contractor waives all rights to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and
furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds
required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this
Ashland Creek Park -Plaza Paving 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.
Ashland Creek Park - Plaza Paving Contract
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum
not to exceed: t$ 21,.377.00) for accomplishing the work required by this contract, including allowable
expenses. This fixed sum cannot be modified except by Change Order approved in writing by City. Any
progress payments to Contractor shall be made only in accordance with the schedule and requirements in
Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this contract
during the current fiscal year. Contractor understands and agrees that City's payment of amounts under
this contract attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print): Vitus Construction Inc.
Contact Name: Corey E. Vitus Phone: 541-855-7177 Fax: 541-855-7520
Address: 1912 Second Avenue, Gold Hill OR 97525
Do Not Write Federal and State Tax ID Numbers on this Agreement. One copy of W-9 is to be submitted with
the signed contract to be kept on file in the City of Ashland Finance Department.
Ashland Business License # BL002995 Construction Contractors Board 63643
Citizenship: Nonresident alien Yes X No
Business Designation (check one): Individual Sole Proprietorship
Partnership X Corporation Government/Nonprofit
The above information must be provided prior to contract approval. Payment information will be reported to the
Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for
additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject
you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts
(Exhibit A) together with Exhibits B through D together with all other Contract Documents as described in
Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2008 Standard
Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2008
Standard Specifications are an integral part of this contract and agree to perform the work described in the
Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I
further understand the City is prohibited from entering into a contract when the contractor has neglected or
refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; 1 hereby certify,
under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I
further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration
Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS
670.600.
Signed by Contractor:
7-/ y
Signat /Title Date
Printed Name: y ~Ashland Creek Park - Plaza Paving Contract 2
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been
executed by the Public Contracting Officer or designee as well as City Finance and Legal Department
representatives.
CITY OF ASHLAND SIGNATURE
Approved:
Michael Black, Director of Park, City of Ashland Date
- Authorized by Ordinance and Delegation Order dated , Coding: -
Reviewed:
Lee Tuneberg, Finance Director (funds appropriated current fiscal year) Date
/ le -.5/5
"id Lohman, ity Attorn (approved as to legal form) Date
Ashland Creek Park - Plaza Paving Contract 3
Y
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued
to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or
(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it
is no longer subject to backup withholding. Contractor further represents and warrants to City that (a)
it has the power and authority to enter into and perform the work, (b) the Contract, when executed
and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its
terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it
is a corporation authorized to act on behalf of the entity designated above and authorized to do
business in Oregon or is an independent contractor as defined in the contract documents, and has
checked four or more of the following criteria:
x (1) 1 carry out the labor or services at a location separate from my residence or is in a specific
portion of my residence, set aside as the location of the business.
X (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
x (3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
x (5) Labor or services are performed for two or more different persons within a period of one
year.
x (6) 1 assume financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
Contractor Date
Ashland Creek Park - Plaza Paving Contract 4
EXHIBIT A
CITY OF ASHLAND STANDARD TERMS AND CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
1. Contractor Is Independent Contractor
a. Contractor shall perform the work required by this contract as an independent contractor.
Although the City reserves the right (i) to specify the desired results; (ii) to determine (and modify) the
delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed
performance, the City cannot and will not control the means or manner of the Contractor's
performance. The Contractor is responsible for determining the appropriate means and manner of
performing the work.
b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the
federal government or the State of Oregon, and (ii) meets the specific independent contractor
standards of ORS 670.600, as certified on the Independent Contractor Certification Statement
attached as Exhibit D.
C. Contractor will be responsible for any federal or state taxes applicable to any compensation or
payment paid to Contractor under this contract.
d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public
Employees' Retirement System, or workers' compensation benefits from compensation or payments
to Contractor under this contract.
2. Subcontracts and Assignment
Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of,
or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or
in part, without the prior written consent of the City. Such consent if provided shall not relieve the
Contractor of any of the obligations under the contract. Any assignee or transferee shall be
considered the agent of the contractor and be bound to abide by all provisions of the contract. If the
City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or
delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City
for complete performance of the Contract as if no such assignment, sale, disposal, transfer or
delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]
Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor
from any obligations of contract with City. Contractor will provide in all subcontract agreements that
the Subcontractor, material supplier and equipment supplier will be bound by the terms and
conditions of this Contract to the extent that they relate to the Subcontractor's work, material or
equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is
terminated for default of Contractor.
Contractor covenants and agrees to bind any and all subcontractors for performance of work under
this Contract in the same manner Contractor is bound to City. Contractor further agrees that if
subcontractors are employed in the performance of this contract, the Contractor and its
Ashland Creek Park - Plaza Paving Contract 5
subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers'
Compensation.
3. No Third Party Beneficiaries
City and Contractor are the only parties to this contract and are the only parties entitled to enforce its
terms. Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or
otherwise, to third persons unless such third persons are individually identified by name herein and
expressly described as intended beneficiaries of the terms of this contract.
4. Successors in Interest
The provisions of this contract shall be binding upon and shall inure to the benefit of the parties
hereto, and their respective successors and approved assigns, if any.
5. Contract Documents
The Contract Documents, which comprise the entire Contract between the City and Contractor,
include all sections or parts of the bid package however denominated, including all documents and
plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier
Subcontractors Disclosure Form, Surety Bond, Public Improvement Contract, Contract Standard
Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions,
Plans entitled "Ashland Creek Park - Plaza Paving", Construction Drawings, Standard Drawings,
and Contract Addendums, all attached hereto, and incorporated herein by this reference, together
with the Prevailing Wage (BOLT) if applicable AND any other separately bound reference, Oregon
2014 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by
this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered
pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and
incorporated herein, where applicable, as if fully set forth herein.
6. Contractor's Representations
By executing this contract, the Contractor hereby certifies that the representations made by the
Contractor in the Contract Documents, including specifically the Offer, are true and correct and are
incorporated herein by this reference. Contractor further certifies that Contractor has given the City
written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract
Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the
Contract Documents are generally sufficient to indicate and convey understanding of terms and
conditions for performing and furnishing the project work.
7. Drug Testing [ORS 279C.505(2)]
a. Contractor shall certify to the City that it has a drug-testing program in place for all its
employees that includes, at a minimum, the following:
L A written employee drug-testing policy,
Ashland Creek Park - Plaza Paving Contract 6
ii. Required drug testing for all new Subject Employees or alternatively, required
testing of all Subject Employees every 12 months on a random selection basis,
and
iii. Required testing of a Subject Employee when the Contractor has reasonable
cause to believe the Subject Employee is under the influence of drugs.
b. A drug-testing program that meets the above requirements will be deemed a "Qualifying
Employee Drug-testing Program." For the purposes of this section, an employee is a "Subject
Employee" only if that employee will be working on the Public Improvement project job site.
C. By executing and returning this contract the Contractor certifies, represents and warrants to
the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will
continue in full force and effect for the duration of this contract, and that Contractor will comply with
the provisions of subsection d below. Further, the City's performance obligation (which includes,
without limitation, the City's obligation to make payment) is contingent on Contractors compliance
with this representation and warranty.
d. Contractor will require each subcontractor providing labor for the project to:
i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program
for the subcontractor's Subject Employees, and represent and warrant to the Contractor
that the Qualifying Employee Drug-testing Program is in place at the time of subcontract
execution and will continue in full force and effect for the duration of the subcontract; or
ii. Require that the subcontractor's Subject Employees participate in the Contractor's
Qualifying Employee Drug-testing Program for the duration of the subcontract.
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;
Ashland Creek Park - Plaza Paving Contract 7
d. Conditions, in the opinion of the City, which are unsuitable for performing the project work;
e. Allowance of time required to investigate differing site conditions;
f. Any reason considered to be in the public interest.
The contract time will not be extended, nor will the Contractor be entitled to any additional
compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is
suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the
contract time and reasonable compensation for all verified costs resulting from the suspension plus a
reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on
account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from
such termination. The foregoing provision concerning compensation in the event of a suspension of
Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation
of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation
by the Contractor of the terms of this contract, including a determination by the City that the
Contractor has not progressed satisfactorily with the Work in accordance with specifications.
10. Early Termination
a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any
time.
b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any
reason deemed appropriate in its sole discretion.
C. The City may terminate this contract, in whole or in part, at any time for any reason considered
by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the
Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public
convenience.
d. Either the City or the Contractor may terminate this Contract in the event of a breach of the
Contract by the other. Prior to such termination, however, the party seeking the termination shall give
to the other party written notice of the breach and of the party's intent to terminate. If the Party has
not entirely cured the breach within 15 days of the notice, then the party giving the notice may
terminate the Contract at any time thereafter by giving a written notice of termination.
11. Payment on Early Termination
a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work
performed in accordance with the Contract prior to the termination date.
b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then
the City shall pay the Contractor as provided in subsection (a) of this section.
C. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then
the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of
excess costs, as provided for in section 12, Remedies.
Ashland Creek Park - Plaza Paving Contract 8
i
12. Remedies
In the event of termination under 10 (d), by the City due to a breach by the Contractor, then the City
may complete the work either itself, by agreement with another contractor, or by a combination
thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the
total compensation provided under this contract, then the Contractor shall pay to the City the amount
of the reasonable excess. After notice of termination under paragraph 10(c), the Contractor and the
Contractor's surety shall provide the City with immediate and peaceful possession of the Project site
and premises, and materials located on and off the Project site and premises for which the Contractor
received progress payment. In no circumstances shall Contractor be entitled to lost profits due to
termination.
The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall
not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are
available.
In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to
termination of the Contract and receipt of payment as provided in section 11(b).
13. Access to Records
Contractor shall maintain and the City and its authorized representatives shall have access to all
books, documents, papers and records of Contractor which relate to this contract for the purpose of
making audit, examination, excerpts, and transcripts for a period of three years after final payment.
Copies of applicable records shall be made available upon request. Payment for cost of copies is
reimbursable by the City.
14. Ownership of Work
All work products of the Contractor that result from this contract, including but not limited to
background data, documentation and staff work that is preliminary to final reports, are the property of
City. Draft documents and preliminary work submitted to the City for review and comment shall not
be considered as owned, used or retained by the City until the final document is submitted.
The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents
and all other intellectual or other property rights in and to such work products. Preexisting trade
secrets of the Contractor shall be noted as such and shall not be considered as a work product of this
contract. All such work products shall be considered "works made for hire" under the provisions of
the United States Copyright Act and all other equivalent laws.
Use of any work product of the Contractor by the City for any purpose other than the use intended by
this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the
written consent of the City. All documents or other materials submitted to City by Contractor shall
become the sole and exclusive property of City. Such materials are subject to Oregon Public
Records laws./
15. Compliance with Applicable Law
Ashland Creek Park - Plaza Paving Contract 9
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.110 (Prohibition on Discrimination in
Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670
(Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon
Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570
(Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all
incorporated into this contract by this reference as though set forth in full. Without limiting the
foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON
ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of
1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990,
(v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws;
and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues,
rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state
tax laws. A condition or clause required by law to be in this contract shall be considered included and
incorporated into the Contract and made a part hereof by these references.
16. Registration with Construction Contractor's Board
The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors
Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to
701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e.,
construction work) will be licensed with the Construction Contractors Board or licensed by the State
Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 before the
subcontractors commence work under the contract.
17. Prevailing Wages/ BOLI Fee
a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in
ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to
be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per
day, and per week for and to each and every worker who may be employed in and about the
performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or
occupation employed in the performance of the Contract either by Contractor, subcontractor or other
person doing or contracting to do or contracting for the whole or any part of the work on the Contract
shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher.
Copies of the current BOLT prevailing wage schedule and federal wage rate schedule, if applicable,
can be found at the following websites: www.oregon.gov/boli . When both federal and state prevailing
wages are required to be included in the contract specifications, the City shall also include in the
specifications information showing which prevailing rate of wage is higher for workers in each trade or
occupation in each locality, as determined by the Commissioner of the Bureau of Labor and
Industries under ORS 279C.815 (2)(c). (see attached rate schedules)
Ashland Creek Park - Plaza Paving Contract 10
b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870,
Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY
WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate
of wage that may be paid to workers in each trade or occupation required, in the form of a BOLT
document, is included in the contract and bid documents and made a part hereof by this reference.
For public works for which the contract price is $50,000 or more, all workers shall be paid not less
than such specified minimum hourly rate of wage. [ORS 279C.830(1)]
C. City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries
pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The
fee shall be paid on or before the first progress payment or 60 days from the date work first begins on
the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee
is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800
N.E. Oregon Street #32 Portland Oregon 97232.
d. Contractor and some subcontractors shall also file with the Construction Contractors Board a
public works bond with a corporate surety authorized to do business in this state in the amount of
$30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to
starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or
subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing
labor upon public works projects. The bond must be a continuing obligation, and the surety's liability
for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the
bond. The bond must remain in effect continuously until depleted by claims paid under this section,
unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied
with this requirement prior to permitting the subcontractor to start work on the project.
e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall
supply and file, and require every Subcontractor to supply and file, with the City and with the Wage
and Hour Division, Bureau of Labor and Industries (BOLT), 800 NE Oregon #32, Portland, Oregon
97232 a certified statement in writing that conforms to the requirements of ORS 279C.845.
18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]
Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or
40 hours in any one week, except in cases of necessity, emergency or when the public policy
absolutely requires it, and in such cases, except in cases of contracts for personal services, the
employee shall be paid at least time and a half pay:
(a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(c) Collective bargaining and negotiated labor agreements may provide exceptions to the
requirements of this section and from ORS 279C.520 and ORS 279C.540.
(d) When labor is employed by the City through another as a contractor, any worker employed by the
contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540
unless a claim for payment is filed with the contractor within 90 days from the completion of the
contract, providing the contractor has:
Ashland Creek Park - Plaza Paving Contract 11
(1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this
section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar
place that is readily available and freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the contract
on which workers are or have been employed.
(e) At or before the commencement of work, the Contractor shall give notice in writing to employees
or by posting, of the number of hours and days per week the employees may be required to work.
[279C.520(2)(5)]
19. Medical Care and Workers Compensation [ORS 279C.530]
(1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any
person, co-partnership, association or corporation furnishing medical, surgical and hospital care
services or other needed care and attention, incident to sickness or injury, to the employees of the
contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums
that the contractor collected or deducted from the wages of employees under any law, contract or
agreement for the purpose of providing or paying for the services.
(2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject
workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and
provide the required Workers Compensation coverage unless such employers are exempt under
ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these
requirements.
20. Retainage
The withholding of retainage by a contractor or subcontractor on public improvement contracts shall
be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference
between the amount earned by a contractor on a public improvement contract and the amount paid
on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS
279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in
accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in
accordance with the two options below:
• The contractor may deposit bonds, securities, or other instruments with the City or in any bank
or trust company to be held in lieu of the cash retainage for the benefit of the contracting
agency. In such event the City shall reduce the retainage in an amount equal to the value of
the bonds, securities or instruments and pay the amount of the reduction to the contractor in
accordance with ORS 279C.570. Interest on the bonds or securities shall accrue to the
contractor. (or)
• If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-
bearing account in a bank, savings bank, trust company or savings association for the benefit
of the City. Earnings on the account shall accrue to the contractor.
If the contracting agency incurs additional costs as a result of the exercise of the options in ORS
279C.560 (1) or (5), the City may recover such costs from the contractor by reduction of the final
Ashland Creek Park - Plaza Paving Contract 12
payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the
contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as
permitted above, shall be of a character approved by the City Attorney and City Finance Director,
including but not limited to:
(a) Bills, certificates, notes or bonds of the United States.
(b) Other obligations of the United States or its agencies.
(c) Obligations of any corporation wholly owned by the federal government.
(d) Indebtedness of the Federal National Mortgage Association.
(e) General obligation Bond of the State of Oregon or a political subdivision thereof.
Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not
typically associated with such bond or instrument, the contractor may deposit a surety bond for all or
any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the
City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the
same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600
to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay
the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City
accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds
from any subcontractor or supplier from which the contractor has retainage. The contractor shall then
reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction
to the subcontractor or supplier. [279C.560]
21. Progress Payments
a. Payment for all work under the Contract will be made promptly by the City at the price or prices
bid, and those prices shall include full compensation for all approved incidental work.
b. Contractor shall make progress estimates of work performed in any calendar month and
submit to the City for approval, before the fifth of the following month, or as mutually agreed between
the Contractor and City. These estimates shall include value of labor performed and materials
incorporated in the work since commencing work under the Contract. Such estimates need not be
made by strict measurements and may be approximate only, and shall be based upon the whole
amount of money that will become due according to terms of the Contract when Project has been
completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of
materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site,
or at some other location agreed upon in writing. Such a payment shall be conditioned upon
submission by the Contractor of bills of sale or such other documentation satisfactory to the City
Attorney to establish the City's title to such materials or equipment or otherwise protect the City's
interest including applicable insurance and transportation to the site, and a statement from Contractor
explaining why it is necessary to procure said equipment and/or materials. When such payments are
made, the Contractor warrants and guarantees that the title to all materials and equipment covered by
a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of
such payment by the Contractor, free and clear of all liens, claims, security interests or
encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress
payment would be less than one thousand dollars ($1,000), no progress payment will be made for
that estimate period, unless approved by the City.
Ashland Creek Park - Plaza Paving Contract 13
C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall
prepare an itemized cost breakdown relating thereto and have the City approve same before
commencing work; progress estimates based on said itemized cost breakdown may be the basis for
progress payments. Upon direction by the City, Contractor shall provide for revision of the costs
breakdown to reflect the true costs of the work as it progresses.
d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in
making progress estimates on the work. In case said unit prices do not, in the opinion of the City,
truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be
used in making progress estimate adjustments.
e. If the City receives written notice of any unsettled claims for damage or other costs due to
Contractor's operations including, without limitation, claims from any City Department or other
governmental agency, an amount equal to the claim may be withheld from the progress payments,
final payments or retainage until such claim has been resolved to the satisfaction of City.
f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off
by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City
of work performed, whichever is the earlier date. Failure to pay progress payments within the
timeframe set forth above will result in the imposition of interest as required by ORS 279C.570 (2) (3).
Defective or improper invoices will be addressed as set forth in ORS 279C.570 (4) (5) (6).
g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%)
retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein,
such amount of retainage shall be withheld and retained by City until it is included in and paid to
Contractor as part of the final payment of the Contract amount. Upon Substantial Completion of the
work under the Contract which shall be understood to be not less than ninety-seven and one-half
percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to
not less than one hundred percent (100%) of the contract value or estimated value or estimated cost,
whichever is greater, of the work remaining to be done. [279C.570(7)]
h. The City may decline to approve an application for payment and may withhold such approval if,
in the City's opinion, and in good faith, the work has not progressed to the point indicated by the
Contractor's submittal. The City may also decline to approve an application for payment or may
reduce said payment or, because of subsequently discovered evidence or subsequent inspections,
City may nullify the whole or any part of any payment previously made to such extent as may be
necessary in their opinion to protect the City from loss because of: (1) defective work not remedied,
(2) third party claims filed or failure of the Contractor to make payments properly to Subcontractors for
labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the
work can be completed for the unpaid balance of the Contract sum, (4) damage to another
contractor's work, (5) reasonable indication that the work will not be completed within the Contract
time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor
by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule
updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been
remedied satisfactorily to the City, payment shall be made for amounts withheld because of them.
Withholding of progress payments or partial payments under the criteria set forth above shall not
entitle the Contractor to interest on such withheld payments or partial payments, except as provided
in ORS 279C.570(9).
Ashland Creek Park - Plaza Paving Contract 14
i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any
extension, no further estimate may be accepted or progress or other payments allowed until the
Project is completed, unless approved otherwise by City. Progress estimates are for the sole
purpose of determining progress payments and are not to be relied on for any other purpose. A
progress payment is not considered acceptance or approval of any work or materials or waiver of any
defects therein. [ORS 279.570(2)].
22. Final Estimate and Final Payment
a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion
of the work is considered substantially complete. If it appears to the City that the work is not
substantially complete, the City shall not make an inspection. The City may make a general list of
major work components remaining. If it appears that the work is substantially complete, the City
shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work or
notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of
Substantial Completion. Upon acceptance of the Certificate of Substantial Completion by both
parties, the City shall be responsible for operation and maintenance of that part of the work described
in the Certificate of Substantial Completion, subject to the warranty requirements and protection of
the work and all other applicable terms of the contract documents. The date of substantial completion
of all the work shall stop the accrual of liquidated damages, if applicable.
b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete.
If it appears to the City that the work is not 100% complete, the City shall not make a final inspection.
The City may make a general list of major work components remaining. If it appears that the work is
100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection
and either accept the work or notify Contractor of work yet to be performed on the Contract. A
Certificate of Final Completion shall not be prepared until all provisions of the Contract have been
met, including but not limited to, the submission by the Contractor of a signed Certificate of
Compliance, and executed "Release of Liens and Claims."
b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of
Final Completion accepting the work as of a certain date. The Contractor shall execute and return the
final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless
otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the
date the Contractor signs the Certificate of Final Completion shall be the date the City accepts
Ownership of the work and the start date of the warranty period. The contractor may substitute a
Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section
29. The City shall include in the final pay estimate an addition to the contract amount for any contract
deduction from the contract amount for any liquidated damages and a deduction from the contract
price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to
be incurred by the City due to Contractor's failure to meet any contract provision or specification other
than timely completion.
C. If the Contractor believes the quantities and amounts specified in the final pay estimate
prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of
receipt of the City's final pay estimate, an itemized statement of any and all claims for additional
compensation under the Contract which are based on differences in measurements or errors of
Ashland Creek Park - Plaza Paving Contract 15
r
computation. Any such claim not so submitted and supported by an itemized statement within said
period is expressly waived and the City shall not be obligated to pay the same.
d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for
any additional compensation arising from errors of computation in the final estimate within a period of
one (1) year following the original mailing of the City's final estimate and Certificate of Final
Completion to the Contractor's last known address as shown in the records of City. The City's
issuance of a revised final estimate pursuant to this subsection does not alter the original final
estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the
final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final
Completion, if revisions are made, shall be conclusive with respect to the amount earned by the
Contractor, and the Contractor expressly waives any and all claims for compensation and any and all
causes of suit or action for the enforcement thereof that Contractor might have had.
e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City
will submit the Certificate of Final Completion and final estimate to the City for approval. Upon
approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due
under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570.
Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of
ORS 279C.570 (8).
f. Monies earned by the Contractor are not due and payable until the procedures set forth in the
contract documents for inspection, approval and acceptance of the work; for determination of the
work done and the amount due therefore; for the preparation of the final estimate and Certificate of
Final Completion and processing the same for payment; for consideration of the Contractor's claim, or
claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and
processing same for payment all have been carried out.
g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business
in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS
279A.120(3) has been satisfied.
h. If City declares a default of the Contract, and Surety completes said Contract, all payments
made after declaration of default and all retainage held by City shall be paid to Surety and not to
Contractor in accordance with the terms of the Contract.
I. Acceptance by Contractor of final payment shall release City from any and all claims by
Contractor whether known or unknown, arising out of and relating to the work. No payment, however,
final or otherwise, shall operate to release Contractor or its Sureties from warranties or other
obligations required in the performance of the Contract.
j. Disputes as to compensation resolved in favor of the contractor implicate the interest
provisions of ORS 279.570(9).
23. Change Orders / Extra Work
The Contractor agrees to complete this Contract in accordance with the attached specifications and
requirements, including any change orders. A change order submitted by the City must be agreed
upon by the Contractor and the City, and in the event of failure to so agree, the City may then
Ashland Creek Park - Plaza Paving Contract 16
proceed with any additional work in any manner the City may choose. A decision by the City to
proceed to have work done by another party shall in no way relieve either the Contractor or City of
this Contract and neither will such action be cause for collection of damages by either party to the
contract, one from the other. Only the City designated Contracting Officer or individual with delegated
contracting authority can authorize extra (and/or changed) work and compensation. Such
authorization must be in writing. The parties expressly recognize that, except when such order is in
writing by an individual with delegated authority, City personnel are not authorized to order extra
(and/or) changed work or to waive contract requirements or authorize additional compensation.
Failure of the Contractor to secure City authorization for extra work shall constitute a waiver of any
and all claims or rights to adjustment in the contract price or contract time due to such unauthorized
extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the
performance of such work. Contractor further expressly waives any and all right or remedy by way of
restitution and quantum meruit for any and all extra work performed by Contractor without express
and prior authorization of the City.
24. Contractor/Subcontractor Payment Obligations
a. The Contractor is required to include in each subcontract for property or services entered into
by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of
performing this contract:
L A payment clause that obligates the Contractor to pay the first-tier subcontractor for
satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the
Contractor by the City under such contract; [279C.580(3)(a)] and
ii. An interest penalty clause that obligates the Contractor, if payment is not made within
30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty
on amounts due in the case of each payment not made in accordance with the payment clause
included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor
shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier
subcontractor did not make payment when payment was due is that the contractor or first-tier
subcontractor did not receive payment from the City or contractor when payment was due. The
interest penalty shall be:
A. For the period beginning on the day after the required payment date and ending on
the date on which payment of the amount is due made; and
B. Computed at the rate specified in ORS 279C.515 (2). [279C.580(3)(b)]
b. The Contractor is further required to include in each of its subcontracts, for the purpose of
performance of such contract condition, a provision requiring the first-tier subcontractor to include a
payment clause and an interest penalty clause conforming to the standards of section a. above in
each of its subcontracts and to require each of its subcontractors to include such clauses in their
subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)]
C. The Contractor shall not request payment of any amount withheld or retained in accordance
with ORS 279C.580 (5) until such time as the Contractor has determined and certified to the City that
the subcontractor is entitled to the payment of such amount. [279C.570 (1)].
Ashland Creek Park - Plaza Paving Contract 17
d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of
a subcontractor to a payment or a late payment interest penalty under a clause included in the
subcontract pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to
which the City is a party. The City shall not be included as a party in any administrative or judicial
proceeding involving such a dispute. [279C.580(2)]
e. The Contractor shall make payment promptly, as due, to all persons supplying to the
Contractor labor or material for the performance of the work provided for in the contract. [ORS
279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident
Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor
incurred in the performance of the contract. [ORS 279C.505(1)(b)] The Contractor shall not permit
any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or
claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The
Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167. [ORS 279C.505(1)(d)]
f. Pursuant to ORS 279C.515 (1), if Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a subcontractor by any person in
connection with the Contract as such claim becomes due, the proper officer(s) representing the City
may pay the claim and charge the amount of the payment against funds due or to become due
Contractor under this Contract.
g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with the public
improvement contract within 30 days after receipt of payment from the contracting agency or a
contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest
charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4)
and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS
279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due
shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve
Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date
when payment was received from the contracting agency or from the contractor, but the rate of
interest may not exceed 30 percent. The amount of interest may not be waived.
h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to
make payment to a person furnishing labor or materials in connection with the public improvement
contract, the person may file a complaint with the Construction Contractors Board, unless payment is
subject to a good faith dispute as defined in ORS 279C.580.
i. Pursuant to ORS 279C.515 (4), the payment of a claim in the manner authorized in this section
does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid
claims.
j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not
paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland
Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work
under this contract and to any subcontractor who performs 50% or more of the work under this
Ashland Creek Park - Plaza Paving Contract 18
contract. Contractor must post the attached Living Wage notice predominantly in areas where it will
be seen by all employees.
25. Inspection and Acceptance
Inspection and acceptance of all work required under this contract shall be performed by the City.
The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items.
26. Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer
substantial financial loss if the project work is not completed within the timeframe specified in Section
(1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and
difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered
by City if the project work is not completed on time. Accordingly, instead of requiring any such proof,
City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor
shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every day that elapses in
excess of the contract time or the final adjusted contract time. This amount is a genuine pre-
estimation of the damages expected because of a delay in the completion of this project.
Any sums due as liquidated damages shall be deducted from any money due or which may become
due to the Contractor under this Contract. Payment of liquidated damages shall not release the
Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of
such liquidated damages constitute a waiver of the City's right to collect any additional damages
which may be sustained by failure of the Contractor to complete the work on time. Permitting the
Contractor to continue and finish the project work or any part thereof after the contract time, or
adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any
of its rights under this contract. The City may in its discretion grant the Contractor an extension of
time upon a showing made by the Contractor that the work has been unavoidably delayed by
conditions beyond the control of the parties.
27. Liability, Indemnity and Hold Harmless
Contractor warrants that all its work will be performed in accordance with generally accepted
practices and standards as well as the requirements of applicable federal, state, and local laws, it
being understood that acceptance of Contractor's work by City shall not operate as a waiver or
release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and
employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever
nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a
trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or
in connection with the performance of the work, actions or failure to perform actions, and other
activities of Contractor or its officers, employees, subcontractors or agents, under this contract,
including the professional negligent acts, errors, or omissions of Contractor or its officers, employees,
subcontractors, or agents except liability arising out of the sole gross negligence of the City and its
employees. The Contractor shall assume all responsibility for the work and shall bear all losses and
damages directly or indirectly resulting to the Contractor, to the City, and to their officers, agents, and
employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c)
accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if
Ashland Creek Park - Plaza Paving Contract 19
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(a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the
Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives
any and all statutory or common law rights of defense and indemnification by the City. Such
indemnification shall also cover claims brought against City under state or federal workers
compensation laws. Contractor shall also defend and indemnify City from all loss or damage that
may result from Contractor's wrongful or unauthorized use of any patented article or process. If any
aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific
duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract
documents shall not be construed as a limitation or restriction of the general liability or duty imposed
upon the Contractor by this section. In the event any such action or claim is brought against the City,
the Contractor shall, if the City so elects and upon tender by the City, defend the same at the
Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City
and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including
attorney fees, suffered or incurred by the City.
28. Insurance
The Contractor shall provide and maintain during the life of this Contract the insurance coverage as
described in Exhibit C. All costs for such insurance shall be bome by the Contractor and shall be
included in the contract price. In case of the breach of any provision of this section, the City may
elect to take out and maintain at the expense of the Contractor such insurance as the City may deem
proper. The City may deduct the cost of such insurance from any monies that may be due or become
due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for
immediate termination of the Contract. Contractor shall furnish City certificates of insurance
acceptable to City prior to execution by the City and before Contractor or any subcontractor
commences work under this Contract. The certificate shall show the name of the insurance carrier,
coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of
operations covered. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies
of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,
self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease
the liability of the Contractor hereunder.
29. Performance, Payment and Warranty Bonds / Notice of Bond Claims
At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2)
Payment Bond written by a corporate surety or other financial assurance in an amount equal to the
amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract
and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in
full force and effect until compliance with and fulfillment of all terms and provisions of the Contract,
including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all
persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial
assurance is subject to approval by the City.
Contractor shall furnish a separate warranty bond written by a corporate surety or other financial
assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the
warranty amount to be included in the initial performance and payment bonds. The warranty bond or
other financial assurance shall be in effect for a period of one year from the date of Final Completion.
Ashland Creek Park - Plaza Paving Contract 20
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The City may require a separate warranty bond or financial assurance for any repairs done pursuant
to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period
of one year from the date of completion of such repairs.
The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail
or hand delivered no later than 120 days after the day the person last provided labor or furnished
materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau
of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at
any place the contractor maintains an office or conducts business or at the residence of the
contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any
employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150
days after the employee last provided labor or materials.
The notice of claim must be in writing substantially as set forth in ORS 279C.605 (3)-(5).
30. Two-Year Warranty
a. In addition to and not in lieu of any other warranties required under the Contract, Contractor
shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City
and at no cost to the City, any and all defects, breaks, or failures of the work occurring within two
years following the date of completion due to faulty or inadequate materials or workmanship. Repair
damage or disturbances to other improvements under, within, or adjacent to the work, whether or not
caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in
part, from activities of the Contractor in performing its duties and obligations under this Contract when
such defects or damage occur within the warranty period. The two-year warranty period shall, with
relation to such required repair, be extended one year from the date of completion of such repair.
If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this
section, City may have the defects corrected, and the Contractor and Contractor's surety shall be
liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would
cause serious loss or damage, repairs may be made without notice being given to Contractor and
Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency
shall not relieve Contractor or Surety from liability and payment of all such costs.
31. Nondiscrimination in Labor
No person shall be subject to discrimination in the receipt of the benefits of any services or activities
made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital
status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's
Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to
unlawful employment practices and discrimination by employers against any employee or applicant
for employment because of race, religion, color, sex, national origin, marital status or age if the
individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states
that it is unlawful employment practice for any employer, because of the race, religion, color, sex,
national origin, marital status or age if the individual is 18 years or older or because of the race,
religion, color, sex, national origin or age of any other person with whom the individual associates, or
because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262
of any individual, or to refuse to hire or employ or to bar or discharge from employment such
Ashland Creek Park - Plaza Paving Contract 21
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individual or to discriminate against such individual in compensation or in terms, conditions or
privileges of employment. Any violation of this provision shall be considered a material violation of
the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part.
32. Construction Debris and Yard Waste
Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective.
If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard
waste material at an approved site, if feasible and cost effective. [ORS 279C.510 (1) & (2)]
33. Environmental Regulations
Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have
enacted ordinances or regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that may affect the performance of the contract.
Federal Agencies:
Agriculture, Department of
Forest Service
Soil Conservation Service
Commerce Department of
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services Department of
Housing and Urban Development,
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration
Transportation, Department of
Coast Guard
Federal Highway Administration
Water Resources Council
State Agencies:
Administrative Services, Department of
Ashland Creek Park - Plaza Paving Contract 22
i
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 Agenc
CITY of ASHLAND
City Council (Ashland Municipal Code)
County Courts
County Commissioners of Jackson County,
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
Historical Preservation Commissions
Planning Commission
If the Contractor awarded the project is delayed or must undertake additional work by reason of
existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new
or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of
environmental pollution and the preservation of natural resources occurring after the submission of
the successful bid, the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
The solicitation documents make specific reference to known conditions at the construction site that
may require the successful bidder to comply with the ordinances, rules or regulations identified
above. If Contractor encounters a condition not referred to in the solicitation documents, not caused
by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the
condition requires compliance with the ordinances, rules or regulations enacted by the governmental
entities identified above, the successful bidder shall immediately give notice of the condition to the
contracting agency. Except in the case of an emergency and except as may otherwise be required
Ashland Creek Park - Plaza Paving Contract 23
t
by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not
commence work nor incur any additional job site costs in regard to the condition encountered and
described in subsection (3) of this section without written direction from the contracting agency. Upon
request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as
well as the anticipated delay and costs resulting from the encountered condition. This cost estimate
shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of
time following delivery of an estimate of this section, the City may:
(a) Terminate the contract;
(b) Complete the work itself;
(c) Use non-City forces already under contract with the City;
(d) Require that the underlying property owner be responsible for cleanup;
(e) Solicit bids for a new contractor to provide the necessary services; or
(f) Issue the contractor a change order setting forth the additional work that must be undertaken.
If the City chooses to terminate the contract under either subsection (a) of this section, the Contractor
shall be entitled to all costs and expenses incurred to the date of termination, including overhead and
reasonable profits, on the percentage of the work completed. The City shall have access to the
contractor's bid documents when making the contracting agency's determination of the additional
compensation due to the contractor. If the contracting agency causes work to be done by another
contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for
actions or omissions of the other contractor. The change order under either subsection (f) of this
section shall include the appropriate extension of contract time and compensate the contractor for all
additional costs, including overhead and reasonable profits, reasonably incurred as a result of
complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to
the contractor's bid documents when making the contracting agency's determination of the additional
compensation due to the contractor.
Notwithstanding the above, the City has allocated all or a portion of the known environmental and
natural resource risks to a Contractor by listing such environmental and natural resource risks in the
solicitation documents; and
34. Waiver
The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City
of that or any other provision. City shall not be precluded or estopped by any measurement, estimate
or certificate made either before or after completion and acceptance of work or payment therefore,
from showing the true amount and character of work performed and materials furnished by the
Contractor, or from showing that any such measurement, estimate or certificate is untrue or
incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be
precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in
accordance therewith, from recovering from the Contractor and their Sureties such damages as it
may sustain by reason of their failure to comply with terms of the Contract, or from enforcing
compliance with the Contract. Neither acceptance by City, or by any representative or agent of the
City, of the whole or any part of the work, nor any extension of time, nor any possession taken by
City, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the
Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any
breach of the Contract shall not be held to be a waiver of any other breach.
Ashland Creek Park - Plaza Paving Contract 24
L
35. Errors
The Contractor shall perform such additional work as may be necessary to correct errors in the work
required under this contract without undue delays and without additional cost.
36. Governing Law
The provisions of this contract shall be construed in accordance with the laws of the State of Oregon
and ordinances of the City of Ashland, Oregon. Any action or suits involving any question arising
under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim
must be brought in a federal forum, then it shall be brought and conducted in the United States
District Court for the District of Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver of the City of any form of defense or immunity.
37. Severability
If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or
in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if the contract did not
contain the particular term or provision held invalid.
38. Attorney's Fees
If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be
entitled to recover from the other party, in addition to costs and disbursements provided by statute,
any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees.
39. Business License
The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to
beginning work under this contract. The Contractor shall provide a business license number in the
space provided in this contract.
40. Notices/Bills/Payments
All notices, bills, and payments shall be made in writing and may be given by personal delivery or by
mail. Notices, bills, and payments sent by mail should be addressed as follows:
City: Steve Ennis, Project Manager
Steve Ennis Architect
PO Box 4051
Medford, OR 97501
Tel (541) 618-9155
Fax (541) 618-9156
steveennis@uci.net
Ashland Creek Park - Plaza Paving Contract 25
and when so addressed, shall be deemed given upon deposit in the United States Mail, postage
prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills, and payments are to be given by giving notice pursuant to this paragraph.
41. Conflict of Interest
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of its services. The
Contractor further covenants that in the performance of this contract no person having any such
interest shall be employed.
42. Merger Clause
THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS
OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE,
CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
ATTACHMENTS: EXHIBITS A-D
EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT
CONTRACTS
EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW
EXHIBIT C INSURANCE REQUIREMENTS
EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION
Ashland Creek Park - Plaza Paving Contract 26
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 Winbum
Way, Ashland, Oregon or online at www.leg.state.or.us/ors
EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the
term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall
be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall
maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in the
State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation
coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each
of its subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not
less than ■ $2,000,000 or ❑ $5,000,000 for each occurrence of bodily injury, personal injury and
property damage. It shall include coverage for broad form contractual liability; broad form property
damage; personal and advertising injury; owners and contractor protective; premises/operations; and
products/completed operations. Coverage shall not exclude excavation, collapse, underground, or
explosion hazards. Aggregate limits shall apply on a per-project basis.
■ Required by City ❑ Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not
less than ■ $2,000,000 or ❑ $5,000,000 for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be
designated.
■ Required by City ❑ Not required by City
■ Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of
the value of the work for the benefit of the parties to the Contract as their interest may appear.
Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures;
(4) equipment; and (5) supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days written notice from the
Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically
attached to the certificate of insurance.
Ashland Creek Park - Plaza Paving Contract 27
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's
services to be provided under this contract. This coverage shall be by endorsement physically
attached to the certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents,
and employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers' compensation and employers liability coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City approval. If requested, copies of
insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles,
self-insured retention's, and/or self-insurance.
EXHIBIT D
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
A. CONTRACTOR IS A CORPORATION
CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and
certify under penalty of perjury that it is a corporation.
Vitus Construction Inc.
Entity e f Signature Date
B. CONTRACTOR IS INDEPENDENT.
Independent Contractor Standards. As used in various provisions of ORS Chapters including but
not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services
for remuneration shall be considered to perform the labor or services as an "independent contractor"
if the standards of ORS 670.600 are met.
Contractor and Project Manager certifies that the Contractor meets the following standards:
1. Contractor is free from direction and control over the means and manner of providing the labor or
services, subject only to the specifications of the desired results.
2. Contractor is responsible for obtaining all assumed business registrations or professional
occupation licenses required by state law or local ordinances.
3. Contractor furnishes the tools or equipment necessary for the contracted labor or services.
4. Contractor has the authority to hire and fire employees to perform the labor or services.
5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a
periodic retainer.
Ashland Creek Park - Plaza Paving Contract 28
6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for
which such registration is required.
7. Contractor has filed federal and state income tax returns in the name of the business or a
business Schedule C as part of the personal income tax return, for the previous year, for labor or
services performed as an independent contractor in the previous year.
8. Contractor represents to the public that the labor or services are to be provided by an
independently established business as four or more of the following circumstances exist.
(Check four or more of the following:)
x 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.
X B. Commercial advertising or business cards are purchased for the business, or Contractor
has a trade association membership.
x 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.
x E. Labor or services are performed for two or more different persons within a period of one
year.
X 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.
/2-i7-1
Y
Con ctor Signature Date
(z-l 7-
Project Manager Signature Date
Ashland Creek Park - Plaza Paving Contract 29
VITUS-1 OP ID: CS
ACORN" DATE (MMIDO/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12105/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER Phone: 503-224-25001 CONTrAc' I HAM!, Charris Sonne-Phinne
Anchor Insurance d, Surety Inc Fax: 503-224-9830 E 503-224-2500 A/C No
1201 SW 12th Ave., Suite 500
MAIL
Portland, OR 97205-2030
[MESS: cS hinne anchorias.com
ADOR
Brent Olson
INSURER(S) AFFORDING COVERAGE NAIC 0
INSURER A : Bituminous Casualty Corp 20095
INSURED VITUS CONSTRUCTION INC. INSURER B: SAIF Corporation 36196
PO BOX 1097 Underwriters at Lloyds of
GOLD HILL, OR 97525 INSURER C:
INSURER D :
INSURER E :
INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
LTR TYPE OF INSURANCE LIMITS
POLIC UMBER
GENERAL. LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X X LP3605801 0611812014 06/1812015 DAMAGE TO RENTED PREMISES Me R $ 100,00
CWMS MADE a OCCUR MED EXP (Any one person) $ 5,00
PERSONAL & ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,00
POLICY X PRO LOC 6
AUTOMOBILE LIABILITY IN L LI
WIT- accident) 1,000,00
A X ANY AUTO AP3605802 06118/2014 0611812015 BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED P PROPEccRVIent) DAMAGE $
$
X UMBRELLA U AB J( OCCUR EACH OCCURRENCE $ 5,000,00
A EXCESS LIAB CLAIMS-MADE UP2806365 06118/2014 06/1812015 AGGREGATE $ 5,000,00
DED X RETENTION $ 10,000 6
WORKERS COMPENSATION X WC S ATU- 0TH-
AND EMPLOYERS' LIABILITY
B ANY PROPRIETORIPARTNER/EXECUTIVE r YIN 11046 OREGON 10/0112014 10/01/2015 E.L. EACH ACCIDENT $ 1,000,00
OFFICER/MEMBER EXCLUDED? N I A
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE 6 1,000,00
I s, describe
DESCRIPTION uMRATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000 00
C FOLESSIONALS, 0621PWO0414 06/18/2014 06/18/2015 OCCUR. 1,000,OLUTION LIAR AGGREGATE 2,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I more space Is required)
RE: ASHLAND CREEK PARR - PLAZA PAVING / PROJN 2005-08
CERTIFICATE HOLDER AND ALL REQUIRED ENTITIES ARE ADDITIONAL INSURED WHEN
REQUIRED BY WRITTEN CONTRACT. ENDORSEMENTS ATTACHED: GL-3084(09/11)
CERTIFICATE HOLDER CANCELLATION
ASHLA-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS.
20 EAST MAIN ST.
ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Policy Number: CLP 3605801
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE FEW TCARERUlY.
BUMEM EXTENCIM LIML"OOVERAM
This endorsement modifies insurance provided under the following:
COMMERCIAL COAL LIABILifTY COVERAGE FORM
It is agreed that the provisions listed below apply only upon the entry of an FX in the box next to the caption
of such provision.
A QX Partnership and Joint Venture Extension Nl OX Construction Project General Aggregate Limits
B. 0 Contractors Automatic Additional Insured Q OX Fellow Employee Coverage
Coverage -Ongoing Operations
P. 0 Property Damage Liability - Bevators
C. OX Automatic Waiver of Subrogation
Q ❑ Property Damage to the Ntamed Insureds Work
D. ~ F~derxled Notice of Cancellation, Nbnrenevval
R QX Care, Custody or Control
E ED Unintentional Failure to Disdose Hazards
S. Q Concrete Rework Labor Reimbursernent
F. QX Broadened Mobile Equipment Coverage
G. FX Personal and Advertising Injury - Contractual T. fX Lost Key Om rage
Coverage U. RXIBectronic Data Liability Om age
H. X Nonerrployrriert Discrimination
V. QX Consolidated Insurance Program Residual
1. r-Xj Liquor Liability Liability Coverage
J. QX Broadened Conditions W Q Automatic Additional Insureds - Managers or
Lessors of Premises
K QX Automatic Additional Insureds - Equipment
Leases X FTJ Autorriatic Additional Insureds - State or
Govemmeutal Agency or Political
L. FX Insured Contract Bdension - Railroad Property Subdivisions - Pierrrits or Authorizations
and Construction Contracts
Y. EXIContractorsAutorreMcAdditional Insured
M. QX TumkW Jobs - Coverage For Alienated Ooverage - Completed Operations
Premises
Z r Additional Insured - Engineers, ArclVects or
axveym
A PARTNE RSHP AND JOINT VENTURE DCTENSION
The following provision is added to SECTION II - V*V IS AN INS
The last full paragraph vAch reads as follows:
W person or organization Is an insured with respect to the oxd d of any a rernt or past partnership,
joint venture or limited liability oorrpany that is not shown as a Named knsured in the Declarations.
GL--3084 (09/11) -1-
is deleted and replaced with the following:
Wlth respect to the conduct of arry past or present joint venture or partnership not sham as a Named
Insured in the Declarations and of which you are or were a partner or rnerrtber, you are an insured, bit
only with respect to liability arising out of "your wait" on behalf of any partnership or joint venture riot
shown as a Named Insured in the Declarations, provided no other similar liability insurance is
available to you for "your works" in connection with your interest in such partnership or joint venture.
B. CONTRACTORS AUTOMATIC ADDITIONAL INSLFM COVERAGE- ONGOING OPiRANKM
SECTION II - WHO IS AN III is amended to include as an additional insured any person or
organization who is required by written contract to be an additional insured on your policy, but only with
respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in
whole or in part, by:
1. Your ads or omissions; or
2 The ads or omissions of those acting on your behalf;
In the performance of your ongoing operations for the additional insured(s) at the project(s) designated in
the written contract.
With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply
This insurance does not apply to "bodily injury" or "property darnage" occurring after:
1. Al vwric, including materials, parts or equipment furnished in connection with such work on the
project (other than service, n-drtenar= or repairs) to be performed by or on behalf of the additional
insured(s) at the location of the covered operations has been corrpleted; or
2 That portion of "yw waft" out of which the injury or damage arises has been put to its intended use
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
This insurance is excess of all other insurance available to the additional insured, whether prirn ary, excess,
contingent or on arry other basis, unless the written contract requires this insurance to be primary. In that
evert, this insurance will be primary relative to insurance policy(s) which designate the additional insured
as a Named Insured in the Dedarations and we will riot regt.ire contribution from such insurance if the
written contract also requires that this insurance be non-contributory. But with respect to all other
insurance under whrich the addit&ial insured qualifies as an insured or additional insured, this insurance
will be excess.
C. AUTOMATIC WAIVER OF SUBROGATION
Item & of SECTION IV - COII M34CIAL GENERAL UABIUTY COI1ITIONS, is deleted and replaced
with the foIbMng:
t3. Transfer d Rights d Recovery Against Others to Us and Aut wtic V Mw d SuINogWon
a. If the Insured has rights to recover all or part of any payrrrert we have made under this
Coverage ForrR those rights are timsferred to us. The insured must do nothing after loss to
Ir"r those rights. At our request, the Insured will bring "suit" or transfer those rights to us and
help us enforce them
b. If required by a written contract executed prior to loss, we waive any right of recovery we may
have against arty person or organizaticn because of parents we make for injury or damage
arising out of "roux wotV for that person or organization.
GL-3084 (09/11) -2-
D. EXTENDED NOTICE OF CANCBJ-ATION, NONRE EYVAL
Item Alb: of the COMMON PM CY CONDRIONS , is deleted and replaced with the following:
A2-IL 60 days before the effective date of the cancellation if we cancel for any other reason
Item 9. of SECTION IV - COMU RCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced
with the following:
9. VA-BV VVE DO NOT FLEW
a If we dxxm to nonrenew this policy, we will mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenemd not less than 60 days before the expiration
date.
b. If we do rat give notice of our intent to nonrenew as prescribed in a above, it Is agreed that you
may extend the period of this policy for a maodmum additional sixty(60) days from its scheduled
expiration date. Where not otherwise prohibited by law, the a fisting terms, conditions and rates
will remain in effect during that extension period. It is further agreed that so long as it is riot
otherwise prohibited by law, this one time sixty day extension is the sole rernedy and liquidated
damages available to the insured as a result of our failure to give the notice as prescribed in 9.
a above.
E UVNTEMONAL FAILURETO DISCLOSE HAZARDS
Although we relied on your representations as to emsting and past hazards, if uinirdentionally you should
fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this
Coverage Form because of such failure.
F. BROADENED MOBILE EQUPMENT
Item 12b. of SECTION V - DERNRIONS , is deleted and replaced with the following:
12b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or
o=ipY-
G. PERSONAL AND ADVERTISING INJURY- CONTRACTUAL COVERAGE
Exclusion 2e. of SECTION I, COVERAGE B is deleted.
H. DISCRIMINATION
Unless "personal and advertising lNury" is excluded from this policy:
Item 1AL of SECTION V - DEFINITIONS , is amended to include:
"Personal and advertising irjury" also means embarrassrner~t or humiliation, rnerdal or emotional
distress, physical illness, physical impairment, loss of earning rapacity or monetary loss, which is
caused by "discnmrrdtion."
SECTION V- DERV IMNS , is amended to include:
Miscnmrration" means the unlawful treatnriend of individuals based on race, odor, ethnic origin, age,
gender or religion.
GL-3084 (09!11) 4
Item 2 6cdusions of SECTION I, CMffUkGE B , is amended to include:
"Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past
employment, ernployrriernt or prospective employment of arty person or class of persons by any
insured.
"Personal and advertising irlury" arising out of "cisormnation" by or at your, your agents or your
"employees" direction or with your, your agents or yon x "employees" knowledge or consent.
"Personal and advertising injury" arising out of "disainination" directly or indirectly related to the sale,
rental, lease or sub-lease or prospective sale, renal, lease or sub-lease of any dwelling, permanent
kx#ng or premises by or at the direction of any insured.
Fines, penalties, specific performance or lnjunctions levied or imposed by a gm emmenai entity, or
go wwiental code, law, or statute because of "discrimination."
1. LIQUOR LIABILITY
Exdusion 2a of SECTION I, COVE A , is deleted.
J. BROADENED CONDITIONS
Items 2a and 2tx of SECTION N - COWNIEiC1AL GENERAL LIABILITY CONDITIONS, are deleted
and replaced with the following
2 Duties In The Event Of Ocarrertce, Offense, Claim Or Suit
a You crust see to it that we are notified of an "ooaurmnoe" or an offense which may result in a
daim as soon as practicable after the "ooaxrenee" has been reported to you, one of your
offcers or an "employee" designated to give notice to us. Nbtiee should include:
(1) 1-bw, when and where the "occurenoe" or offense took place;
(2) The names and addresses of any irjured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "oocxrrenee" or offense.
b. if a claim is made or "suit" is brought against any insured, you must
(1) Record the specifics of the claim or "suit" and the date reoeived as soon as you, one of
your officers, or an "employee" designated to record such Information is notified of it; and
(2) Notify us in writing as soon as practicable after you, one of your officers, your legal
department or an "employee" you designate to give us such notice learns of the claims or
N^'~ M
Item 2e: is added dUtloL SECTION N- COLNERCIAL GOAL LIABILITY CONDITIONS
2a If you repot an "oocurreniW to your workers oonWisatioi ir>surer W ich develops into a liability
claim for which coverage is provided by the Coverage Form failure to report such "ooarrenee" to us
at the time of "ooeurrenW shall not be deemed in violation of paragraphs 2a, 2b, and 2c.
Fbmever, you shall give written notice of this "occurrence" to us as soon as you are made aware of
the fad that this "oocurrenoe" may be a liability claim rather than a workers compensation claim
K AUTOMATICADDITIONAL INSLIRIEDS - EQUPNBYT LEASES
SECTION I - WHO IS AN 16UF ED is amended to include ary person or organizaticn with whom you
agree in a written equipment lease or rental agreement to name as an additional insured with respect to
liability for "bodily injury", "property damaW or "personal and advertising injuy caused, at least in part, by
GL-3084 (09/11) A-
your maintenance, operation, or use by you of the equipment leased to you by such person or
organization, subject to the following additional m dusions.
The insrrwce provided to the additional insured does riot apply to:
1. "Bodily injury' or "property darnage" oocxnring after you cease leasing the equipment.
2 "Bodily injuay or "property darrage" arising out of the sole negligence of the additional insured.
3. "Property darrW to:
a Property owned, used or oomped by or rented to the additional insured; or
b. Property in the care, custody or control of the additional insured or over which the additional
insured is for any purpose exercising physical control.
This insurance is excess of all other insurance available to the additional insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this insurance will be primary relative to iraxance policy(s) which designate the additional Insured
as a Named Insured in the Declarations and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-contributory. Burt with respect to all other
insurance under which the additional insured qualifies as an insured or additional insured, this insurance
will be excess.
L INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS
Item 9. of SEMICN V- DEFINITIONS , is deleted and replaced with the following.
9. "Insured Contract" means:
a A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for darnage by fire to premises while rented to you
or temporarily occupied by you wfth permission of the owner is not an "insured oormact";
b. A sidetrack agreement;
G Any easennent or license agreement;
d An obligation, as required by ordnance, to indemnify a municipality, except in connection with
work for a municipality;
e. An elevator rriain tenance agreement;
f. That part of any other contract or agreement pertaining to your business (inducing an
inderrrification of a nu icipality in connection with work performed for a municipality) under
which you assurne the tort liability of another party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort liability means a liability that would be inposed
by law in the absence of ary contract or agreerent.
Paragraph f. does riot include that part of ary contract or agreem>arrb
(1) That indernnifies an architect, engineer or arv%mor for injury or darnage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, charge osiers or drawings and specifications;
or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause d
the injury or dwreW, or
GL 3084 (09/11) -5-
(2) Under whch the insured, if an architect, engineer or sunoeyor, assures liability for an
irijury or damage arising out of the insureds rendering or failure to render professional
services, including those listed in (1) above and supervisory, inspection, architectural or
engineering activities.
M TUFNKEYJOBS- COVERAGE FOR ALIENATED PFOASES
It is agreed that:
Exclusion 2j.(2) of SECTION I, COVERAGE A, does not apply if the premises are 'your work" and were
not occupied, rented or held for rental by you for more than 12 months after oompletion.
N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS
This modifies SECTION III - MRS OF INSURANCE .
A. For all sums which can be attributed only to ongoing operations at a single construction project for
which the insured becomes legally obligated to pay as damages caused by an "occurrence" under
SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -
COVERAGE C :
1. A separate won Project General Aggregate Limit applies to each construction project,
and that limit is equal to the amount of the General Aggregate Lint shown in the Declamations.
2 The Cbistruction Project General Aggregate Limit is the most we will pay for the sum of all
damages under COVERAGE A, except damages because of "bodily ir~uy" or "property
damage" included in the "products-corrpleted operations hazard," and for medical expenses
under COVERAGE C regardless of the n urrber of:
a Insured
bL Claims made or "suits" brought; or
a Persons or organizations malting claims or bringing "suits."
3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the Construction Project General Aggregate Urnt for ttrat construction
project. Such payments shall not reduce the General Aggregate Unt shown in the
Dedauations nor shall they reduce any other Construction Project General Aggregate Umit for
any other construction project.
4. The limits show in the Declarations for Each Occurrence, Fine Damage and Medical Expense
continue to apply. Hm%srer, instead of being subject to the General Aggregate Unit shown in
the Declarations, such Raft will be subject to the applicable Construction Project General
Aggregate Limit.
13. For all suns vhch carrot be attributed only to ongoing operations at a singe con>stnxtion project
for which the insured becomes legally obligated to pay as damages caused by an "ooaxrence"
under SECTION I - COVERAGE A, and for all medical expenses caused by aocdents under
SECTION I - COVERAGE C :
1. Any payments made under COVERAGE A for dart dues or under COVERAGE C for medical
uses shall reduce the mount avaiknble under the General Aggregate Limit or the Products-
Completed Operations Aggregate Unit, whichever is applicable; and
2 Such payments shall not reduce arty Construction Project GenerA Aggregate UnL
GL-3084 (09/11)
C. Payments for damages because of "bodily injury" or "property damage" included in the "products-
completed operations hazard" will reduce the Products4)"eted Operations Aggregate Lint, and
riot reduce the General Aggregate Limit nor the Construction Project General Aggregate Lunt.
Q If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints, designs, moons or timetables,
the project will still be deemed to be the same construction project.
E. The provisions of SECTION III - LMTS OF INWRANKE not otherwise modified by this
endorsement shall continue to be apply le.
Q FB1OIN EMPLOYEE COVE
Exdusion 2e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the
fdlowirn,T
2e. "Bodily injury" to
(1) An "employee" of the insured arising out of and in the course of:
(a) Errployrnent byte insured; or
(b) Performing duties related to the conduct of the insureds business; or
(2) The spouse, child, parent, brother or sister of that "employee" as a corseqience of paragraph
(1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity, and
(2) To any obligation to share damages with or repay someone else who must pay damages
because of the injury.
This exclusion aces not apply to.
(1) Liability assumed by the insured under an Insured contract"; or
(2) Liability arising from arty action or omission of a oo-"employee" while that oo-"employee" is
either in the donee of his or her employment or performing duties related to the conduct of your
business.
Item 2a.(1)(a) of SECTION II - VIA-IO IS AN INSURED , is deleted and replaced with the following
2a(1xa) To you, to your partners or members (if you are a partnership or joint venture) or to your
members (d you are a limited liability company), or to your %dunteer workers" vfile
performing duties related to the oondu ct of your business.
P. PROPERTY DAMAGE LIABILITY- ELEVATORS
"Property damage" liability is changed as follows:
1. B elusions 2j.(3) and 2j44) of SECTION 1, OMIERAGE A , do rat apply to the use of elevators.
2 The irsuxanoe afforded by reason of this provision is excess over any valid and collectible property
insurance (inducing any deductible potion thereof) available to the insured whether primary,
excess, contingent or on any other basis, and the OTHER INSLiANCE corxition is changed
accordingly.
GL--3084 (09/11) -7-
Q PROPERTY DAMAGE M THE NANI® INSUREDS WORK
Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following:
1. Demageto Your Work
"Property damage" to "youi' wait" arising out of it or any part of it and included in the "products
completed operation hazard."
This exclusion applies only to that portion of any loss in eccess of $50,000 per occurrence if the
damaged wait and the work out of which the damage arises was performed by you.
This exclusion does rat apply if the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor.
R CARE, CUSTODY OR CONTROL
Exclusion 21.4 of SECTION I, COVERAGE A. is deleted and replaced with the following:
21.4 Personal property in the care, custody or control of the insured. Hmever, for personal property in
the care, custody or control of you or your "employees," this m dusion applies only to that portion of
any loss in excess of $25,000 per oocurrence, %4ect to the following terms and conditions;
(a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless
of the nurTb r of occurrences.
(b) This provision does not apply to "employee" owned property or arty property that is missing
where there is not physical evidence to shovv Wxt happened to the property.
(c) The aggregate limit for this coverage provision is part of the General Aggregate Umit and
SEL910N I111- LIMITS OF INSURANCE is dhanged aocordngly.
(d) In the event of damage to or destnxtion of property omwed by this exception, you shall, if
requested by us, replace the property or furnish the labor and materials necessary for repairs
therdo, at actual cost to you, e) dusty of prospective profit or overhead charges of any nature.
(e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as
damages on account of damage to or dmbWion of all property of each person or organiaedion,
inducing the loss of use of that property, as a result of each "occ unence." Our limit of liability
under the endorsement as being applicable to each "occurrence" shall be reduced by the
amain of the dedu.rctible indicated above; however, our aggregate limit of liability under this
provision shall not be reduced by the amount of such deductible. The conditions of the policy,
inducing those wtth respect to dues in the event of "occuxrenoe," claims or "suit" apply
irrespective of the application of the deductible amount. M may pay any part or all of the
deductible amount to effect settlernent of any dam or "suit" and, upon noitification of the action
taken, you shall promptly reimburse us for such part of the deductible amount as has been paid
by us.
F1 CONCFEM REINORC LABOR COVERAGE
As it applies to this oomaye,
SECTION I - COVERAGE A is amended as folkma:
1. Insuring Agreement, is deleted and replaced by the folio Mng:
We will reimburse you for your direct labor aVense associated with your "oorncrete rework" which
to maid
was perllbnTied by you during
contraictual specifications as tordered for period due to the original the job or accepted industry stan prod& for r~ specific
GL-3084 (09/11)
intended use, verified by testing by an ASTM (Arrrerican Society of Testing & Materials) accredited
rent testing agency.
2 B dusiais, is deleted and replaced by the fdloW ng
The insurance provided by this endorsernent does not apply to:
a " amietic Defects"
b. Loss of use
a Changes to the "concrete pro du.rct" contractual specifications not adTa Hedged by the warned
insured in writing prior to the beginning of the job
d "Loss" arising from the "subsidence" of land
a "Loss" arising from work performed on your behalf by a subomtrador, except for the supply of
the "oorcrete produ cr
f. Cost of materials used in the installation of the "oorcrete product" or "ooncrete rework"
g. Damages or "lass" that is covered by a Property or Inland Marine omwage form for your
financial interest in your project and structures
h. "Loss" unless the "concrete rework" is eorrpleted within one year from the completion of the
original "concrete product" installation performed by you
i. "Loss" caused by the failure to order the "ooncrete product" as required:
a In the contractual specifications; or
h Eiy accepted industry standards for its specific intended use
J. "t joss" expected or intercled from the standpoint of the insured
k "Corude product" supplied by you
SECTION II - WITS OF INSURANCE is amended to Include thefdkmMng:
1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the
number of
a Insureds covered under this inslrranoe;
b. "Corcrete rework" projects to which this insurance applies.
"Concrete Rework" Project limit $50,000
"Concrete Rework" PblicyAggregate Limits $50,000
"Concrxete Revcrk" Deductible $ 1,000
2 The "Concrete R wjW Project Limit show above is the most we will reimburse you for your direct
labor expense arising out of ary single "ooncrete rework project
3. Subject to 2 above, the "Concrete Rework" Policy Aggregate Lunt shown above is the most we will
reimburse you for your direct labor expenses for the sum of all "concrete rework" projects.
GL 3054 (00/11) -9-
4. The Vaoete RwjW Project Unit and the "Corro'ete RmaV Policy Aggregate Limits shall be
included within and not be in addition to the General Aggregate Unit or the PmductsrGtxripleted
Operations Aggregate Unit (wficha w applies), as stated In the declarations and as described In
secnON 11 - UAlrM OF INSURANCE .
5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of
the "Concrete Rework Ded xAbie stated above. This deductible shall apply separately to each
"concrete rewole project
The Units of Insurance of this carnage apply separately to each consecutive annual period and to any
remaining period of less than 12 rrronths, starting with either the beginning of the policy period shown in
the Declarations, or the effective date of the endorsement, whirheu+er is less the policy period is
extended after iss once for an additional period of less then 12 months the additional period will be
deemed part of the preceding period for purposes of determining the Units of Insurance.
SECTION IV - CON WERCIAL GENERAL LIATNUITY COMMONS Is amended as fdkma
hem 2 Duties In The Event Of Occurrence, Offense, Qaim Or Sprit is deleted and replaced by the
following
2 Duties in The Evert Of O=rrmoe, Offense, Claim Or Sprit
a You rr>t,rst see to it that we are notified prior to completing the "ooncrete rewo(V which may
result in labor rein. Notice should include:
(1) How, when and where the incident took place;
(2) The marries and addresses of any witnesses, and
(3) The estimated labor expense for the "concrete mvuork"
b. You must prorrptly take all steps to minimize the expenses involved.
c. You must cooperate with us and upon request, assist in enforcing any right of cortribution or
indemnity against any person or organ mom
d You must provide us with proof of loss and any other required doaxnents within 60 days of our
request. You mist also pernit us to examine and copy any of your books and records at any
reasorrabia time. You, your "employees" and your agents must, if we require you to, subrrit to
examination under oath at such times as may be required, and sign a copy of the examination.
a No insureds will, a xql at their own cost, assume any obligation, or inar any expense without
our omsent
SECTION V- DTFINTIONS Is ememled to add the following
"Concrete rework" means the alteration, repair, m mimd or replaoernent of a "concrete product"
"Concrete product" means any product you directly install consisting of concrete, carrot, sand, mortar mix
or related materials
"Cosmetic defects" means a superficial or surface defect that does not affect the strucW integrity of the
"oorraete product"
"Loss" means your direct labor expense associated with a "concrete rework" project
"S.bsidenoe" means earth nnuernent, including but not limited to.
a Landslide;
GL-3064 (09/11) -10-
b. MA flow,,
C. Earth sinking;
d Earth rising
a Collapse or mo mwit of fill;
f. Improper aorrpaction;
% Earth settling, slipping, falling away, caving in, eroding, tilting or shifting;
K Earthquake; or
1. Any other mouernent of land or earth.
T. LOST ICY CONS
As it applies to this coverage,
SECTION I, COVERAGE A, is amended to include as follows:
We will pay those sums, sL4ect to the limits of liability and deductible stated herein, that you become
legally obligated to pay as damages due to the loss or mysterious disappearanoe of keys entrusted to or in
the care, custody or control of you or your "empldryees" or anyone acting on your behalf. The damages
cowered by this endorsement are limited to the:
1. Actual cost of the keys;
2 Cost to adjust locks to accept new keys; or
3. Cost of new bdcs, if required, inducing the cost of installation.
Item 2 Exdusions of SECTION I, COVERAGE A , is amended to include the fdlowing:
1. Keys owned by any insured, employees of any insured, or anyone aging on behalf of any insured.
2 Any resulting loss of use from the loss or mysterious disappearanoe of keys; or
3. Any of the following acts by any insured, employees of arty insured, or anyone acting on behalf of
any insureds:
a Misappropriation;
b. Concealment;
c Ca version;
d Fraud or
a Dishonesty
Exclusions 2j.(3) and 2j.(4) of SECTION I, CONBWGE A do not apply to Lost Kay Cmwage.
SECTION 11- UMT S OF INSURANCE is am Ended to include true following
1. The Lost Key Coverage Coarrence Lirrit shown below is the most we will pay for each oauTence
for damages for Lost Kay Waage provided in this
GL-3084 (09/11) -11-
2. The Lost Key Coverage Policy Aggregate Limit show below is the most we will pay for all
occurrences covered by this endorsement during the policy period.
Lost Key 0o erage Occurrence Unit $50,000
Lost Key Coverage Policy Aggregate Limit $50,000
Lost Key Coverage Deductible $ 1,000
3. The Lest Key age Policy Aggregate Unit shall be included within and not be In addition to the
C+eneral Aggregate Limit or the ProductsCompleted Operations Aggregate Emit (W ichever
applies), as stated in the declarations and as described in SECTION NI - UVIITS OF INSURANCE .
Our obligation under this coverage to pay damages on your behalf applies only to the amount of daiTeges
in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence"
basis.
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
U. ELECTRONIC DATA L ABIUTY COVERAGE
1. Exclusion 2.R Electronic Data of SECTION I, COVERAGE A is deleted and replaced with the
following:
2p: Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to
access, or inability to manipulate "electronic data" that does not result from physical !jury to
tangible property.
2- The following definition is added to SECTION V- DEF MIONS`
"Dectrorrc data" means information, facts or programs stored as or on, created or used on, or
transmitted to or from computer software (inducing systems and applications software), hard or
floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are
used with electronically controlled equipment.
& For the purposes of this coverage, the definition of "property darnagd' in SECTION V -
DEFINTIONS is replaced by the following
"Property darnagei' means:
a. Physical injury to tangible property, inducting all resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time of the physical injury that caused it;
K Loss of use of tangible property that Is riot physically injured A] such loss of use shall be
deemed to occur at the time of the "ooc rrence" caused it or that a Loss of, loss of use of, damage to, corruption of, inability to access, or inability to property
manipulate 'electronic dada", resulting from physical injury to tangible property. All such loss
of "electronic data" shall be deemed to oeax at the time of the "occurrenoe" that caused it.
For the purposes of this insurance, "electronic data" Is riot tangible property.
V. CONSOUDATED INSURANCE PROGRAM tFIESI AL UAI3L TY COVERAGE
With respect to `bodily injury', "property damagcl', or 'personal and advertising irjury" arising out of Your
ongoing operations; or operations included within the "produds-eompieted operations hazard", the policy to
GL-3084 (09/11) -12-
which this coverage Is attached shall apply as excess insurance curer ocverage available to W f under a
Consolidated Insuranoe Program (such as an Owner Oortrdled Insurance Program or Contractors
Cortrdled Insurance Program).
Comrage afforded by this endorsement does rot apply to any Oxsolidated Irmmm Program involving a
"residential project" or arty deductible or insured retention, specified in the Oonsdidated Insurance
Program
The following is added to Section V- Definitions
"Residential project' means any project where 30% or more of the trial square foot area of the structures
on the project is used or Is intended to be used for human residerxy. This includes but is not limited to
single or multifamdly housing, apartrrrerts, eoncbminiu rm tomrlmourses, eaoperativas or planned unit
developments and appurtenant structures (inducing pods, hot tubs, detached garages, guest houses or
any similar structures). A `Iresidentiial project" does not include military owned housing, college/university
owned housing or domitories, long term cane facilities, hotels, motels, hospitals or prisons.
All other terms, provisions, exclusions and limitations of this policy apply.
W. AUTOMATIC ADDITIONAL INSUFEDS - MANS OR LESSORS OF PFEMKIE S
SECTION I -WHO IS AN INSURED Is amended to irxlude:
Any person or organization with whom you agree in a written contract or written agreement to name as an
additional insured but only with respect to liability arising out of the ownership, maintenance or use of that
part of the premises, designated in the written contract or written agreement, that is leased to you and
subject to the following additional exclusions:
This insurance does not apply to:
1. Any `occurrence" which takes place after you cease to be a tenart in that premises.
2 Structural alterations, new construction or demolition operations performed by or on behalf of the
additional insured listed in the written contract or written agreement.
This insurance is excess of all other insurance available to the additional insured, wlheter primary, excess,
contingent or on any other basis, unless the written oortrad requires this insurance to be primary. In that
evert, this insuranoe will be primary relative to insuraroe policy(s) which designate the additional insured
as a Named Inwed in the Declarations and we will not require contribution from such Insurance if the
written contract also requires that this irsuxanoe be non-oortributory. But with respect to all other
insurance under which the additional insured qualifies as an insured or additional Insured, this insurance
will be excess.
X AUTOMATIC ADDITIONAL INSUfft3 - STATE OR GOVERNMENTAL AGENCY OR POLITIC&
SUBDIVISIONS- PERMrrS OR AUTFIOFIZATIONS
SECTION 11 - WHO IS AN INSUFED is amended to Include any state or gmenxrental agency or
subdivision or political subdivision with whom you are required by written contract, orcirmce, law or
building code to mine as an additional insured subject to the following provisions:
This insurance applies only with respect to operations performed by you or on your behalf for which the
state or governmental agency or subdnAsdon or political subdivision has issued a permit or authorizabon.
This insuranoe does rot apply to.
a "Bodily irijury, "property darnager or "personal and advertising injury/' arising out of operations
performed for the federal government, state or muniapaIrty; or
b: "Bodily injury" or "property darnager' included within the "products-completed operations hazard".
GL-30134 (09/11) -13-
This insurance is excess of all other iraxance available to the additional insured, vwhetner primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this insurance will be primary relative to inst.ranoe policy(s) which designate the addition insured
as a Named Insured in the Dedaraftis and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-contributory . But vwth respect to all other
irsu.Ianee under which the additional insured qualifies as an insured or additional insured, this insurance
will be excess.
Y. CONTRACTORS AUTOMATIC ADDITIONAL INSIFED COVERAGE-OONPLETED OPERATIONS
SECTION II - WHO IS AN IINSUFIED is amended to include as an additional Insured any person or
organization who is =respect by written contract to be an additional insured on your policy for completed
operations, but only with respect to liability for "bodily injury or "property damage" caused, in whole or in
part, by in -your work- the rodud -ftoorrproject eted operator, hain the zard".~ract, performed for that additional insured and
included
This iraxance is excess of all other insurance available to the additional insured, Wiether primary, excess,
oontingent or on any other basis, unless the written oortract requires this insurance to be primary. In that
event, this insurance will be primary relative to insurance policy(s) which designate the additional insured
as a Named Insured in the Declarations and we will riot require contribution from such insurance if the
written contract also requires that this Insuanoe be non-oontributory. But with respect to all other
insurance under vAch the additional insured qualifies as an insured or additional insured, this insurance
will be excess.
Z ADDITIONAL INSURED- ENGINEEPA ARCHTBG'T5 OR SURVEYORS
SECTION N - WHO IS AN III is amended to include as an additional insured any architect,
engineer or surveyor who is required by written contract to be an additional insured on your policy, but only
with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, In
whde or in part, by.
1. Your ads or omission or
2 The acts or omissions of those acting of your behalf;
in the performance of your ongoing operations performed by you or on your behalf.
This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually
required to be added as an additional insured to your policy.
1Mth respect to the Insurance afforded to these additional Insureds, the following additional exclusion
applies:
This insurance does not apply to "bodly k1ury', "property damage" or 'personal and advertising injury'
arising out of the rendering of or the failure to render ary protessiorai services, inducing
1. The preparing, approviLi or failing to prepare or approve maps, dravwngs, opiniorns, reports,
surveys, change orders, gns or specification or
2 Supervisory, inspection or engineering services.
This insurance is excess of all other insurance available to the additional insured, whether primary, excess,
contingent or on any other basis, unless the written contract requires this insurance to be primary. In that
event, this irw a m will be primary relative to insurance policy(s) which designate the additional insured
as a Named Insured in the Declarations and we will not require contribution from such insurance if the
written contract also requires that this insurance be non-oontributory. But with respect to all other
insurance under vuhicm the additional insured qualifies as an insured or additional insured, this insurence
will be excess.
GL-3084 (0.9/11) -14-
t
Bond No. 756132P
PERFORMANCE BOND
The undersigned Vitus Construction, Inc.
as principal, further referred to in this bond as Contractor, and Developers Surety and
Indemnity Company as surety, further referred to in this
bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond
as City, in the sum of Twenty One Thousand Three Hundred Seventy Seven Et No/100---
Dollars (821,377.00---
Contractor and City have entered into a written contract dated December 1,0 , 2014
for the following project: Ashland Creek Park -
Plaza Paving. This contract is further referred to in this bond as the Contract and is incorporated into this bond
by this reference.
'Me conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and
conditions of the contract within the time prescribed by the Contract, as required by ORS 279C.
380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full
force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly
remedy the default, perform all of Contractor's obligations under the contract in accordance with
its terms and conditions and pay to City all damages that are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the naive, address, and telephone number of the agent authorized to
receive notices concerning this bond are as follows.
Ashland Creek Park - Plaza Paving Bonds
a
Bond Number: 756132P
Bond Agent: Anchor Insurance It Surety, Inc.
Address: 1201 SW 12th Ave., #500
Portland, OR 97205
Telephone: 503 1 224-2500
SIGNED this 'I Q*1` day of December 201204.
WITNESS: CONTRACTOR: Vitus Construction, Inc.
By:
(Corporate Seal) Title:
Legal Address: PO Box 1097
Gold Hill, OR 97525
Attest:
Corporate Secretary
WITNESS: SURETY: Develo rs Surety, and Indemnity Company
By:
(Corporate Seal) Title: Gloria Bruning, Attorney-in-fact
Legal Address: Five Centerpointe Drive, Suite 530
Lake Oswego, OR 97035
Attest: N/A
Corporate Secretary
Ashland Creek Park - Plaza Paving Bonds 2
Bond No. 756132P
PAYMENT BOND
The undersigned Vitus Construction, Inc.
, as principal, further referred to in this bond as Contractor, and Developers Surety and
Indemnity Company , as surety, further referred to in this
bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond
as City, in the sum of Twenty One Thousand Three Hundred Seventy Seven Et No/100---
Dollars (S 21,377.00---
Contractor and City have entered into a written contract dated _December gyp, 2014
, for the following project: Ashland Creek Park -
Plaza Paving. This contract is further referred to in this bond as the Contract and is incorporated into this bond
by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and
promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then this
obligation is null and void; otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly
remedy the default, perform all of Contractor's obligations under the contract in accordance with its
terms and conditions and pay to City all damages that are due under the Contract.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent authorized to receive
notices concerning this bond are as follows:
Ashland Creek Park - Plaza Paving Bonds 3
Bond Number: 756132P
Bond Agent: Anchor Insurance &t Surety, Inc.
Address: 1201 SW 12th Ave., #500
Portland, OR 97205
Telephone. 503 ► 224-2500
SIGNED this day of December 201 K4.
WITNESS: CONTRACTOR: Vitus Construction,, Inc.
,c.By:
(Corporate Seal) Title:
Legal Address: PO Box 1097
Gold Hill, OR 97525
Attest:
Corporate Secretary
WITNESS: SURETY: Devel ers Suret and Indemnity Company
By:
(Corporate Seal) Title: Gloria Bruning, Attorney-in-fact
Legal Address: Five Centerpointe Drive, Suite 530
Lake Oswego, OR 97035
Attest: N/A
Corporate Secretary
Ashland Creek Park - Plaza Paving Bonds 4
ti
h
A
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Brent Olson, Richard W. Kowalski, John D. Klump, Vicki Mather, Philip O. Forker, Gloria Bruning, Gene M. Dietzman, James P.
Dooney, J. Patrick Dooney, Joel Dietzman, Christopher A. Reburn, Karen A. Pierce, Ray M. Paiement, Tami Jones, jointly or
severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith
as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to
these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf
of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is,
authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,
undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013.
AND
BY a* Syr s SPAN Y pc
0R q 9 ~
Daniel Young, Senior Vice President QgP0
O T _ z 2 ~`p
OCT. $
10 r
BY = O 1 9 3 6 W 1967
Mark J. Lansdon, Vice-President
gab ~4/po?i
State of California
County of Orange
On November 21, 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark J. Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
* capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
ANTONIO ALVARADO which the person(s) acted, executed the instrument.
ZV COW, # 2033556
C 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
NOTARY PUBW CALIFORM
ORANGE COUNTY true and correct.
My wRm w*es Aug, 9, 2017
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors
of
said corporations set forth in the Power of Attomey are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this'_U' ' 'day of
By: W V v T
Cassie J. Bemsfor , ssistant Secretary ID-1380(Rev.11/13)
t
TT
DEC 6 2 2014 '
ITUS BY-51A
r
CONSTRUCTION INC.
City of Ashland
Parks and Recreation
Attn: Bruce Dickens
340 S. Pioneer St.
Ashland OR 97520
Phone 541-488-53401 Fax 54111-4885314
bruce.dickens@ashland.or.us
SUBJECT: CONSTRUCTION PROPOSAL FOR T14E ASHLAND CREEK PARK, PLAZA PAVING
PROJECT.
Mr. Dickens,
Vitus Construction, Inc. appreciates the opportunity to provide a quote for the above
mentioned project. Our proposal is based on the documents provided, dated November 18,
2014. Vitus Construction, Inc. will provide materials, equipment and labor to install the
exposed concrete aggregate paving per plans and specifications. The following items are
included as requested in the "Scope of Services":
° 314' 'Aggregate base rock.
O Forming of concrete paving.
//3 Rebar installed in the designated paving areas.
a Fine Grading.
Forming of concrete paving.
Concrete material as specified
a Finish, protection and clean-up of work area,
a Installation of two owner supplied bike racks:
Vitus Construction, Inc. includes the above scope and project foi- a total sum of $21,377.00,
We are not including the following items in our scope:
Survey
o -Permits
o Material Testing
P.O. Box 1097 • Gold Hill, OR 97525
Phone: 541.855.7177 • Fax: 541.855.7520 • E-imfll: coney@vi(usconsfrucfion.com CCB 03643,
R
• Excavation, sub-base fo,- all concrete
* Erosion Control
• /asphalt Path. / Paving
• Subsurface drainage
• Relocation of site Utilities (including power, phone, gas, and public utilities)
Vitus Construction, Inc. additionally will assume that the City of Ashland will provide proper
access and staging to perform the work described above, Our quote is based on the
duration listed in the invitation.
Thank you again for the opportunity to submit a quote for the Ashland Creek Park, Plaza
Paving Project. If you have any questions please contact us..
Si ce t,d Jo
hn ief stirriator
ITUS
CONSTRUCTION INC.
December 3, 2014
City of Ashland
Parks & Recreation
Attn: Bruce Dickens
340 S Pioneer St
Ashland OR 97520
Re: Ashland Creek Park, Plaza Paving Project
Bruce,
After careful review of our proposal of $21,377.00, we have concluded that we have a viable
bid that we are comfortable with.
Thank you for your attention.
Sincerely,
Corey E. Vitus
President
cc: Steve Ennis
P.O. Box 1097 • Gold Hill, OR 97525
Phone: 541.855.7177 • Fax: 541.855.7520 • E-mail: corey@vitu:-constfuction.com CCB 1163643
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Page 1 / 1
ASHLAND PARK COMMISSION
20 E MAIN ST. DATE PO NUMBER
ASHLAND, OR 97520 1/9/2015 00426
(541) 488-5300
VENDOR: 004304 SHIP TO:
VITUS CONSTRUCTION, INC
1912 SECOND AVENUE
GOLD HILL, OR 97525
FOB Point: Ashland, Oreqon Req. No.:
Terms: net Dept.:
Req. Del. Date: Contact: Bruce Dickens
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Construction of Ashland Creek Park 21,377.00
Plaza Pavinq Protect as per plans and
bid documents.
Public Improvement Contract
Contract siqned 01/2015
Work to be completed on or before 30
calendar days from notice to proceed.
SUBTOTAL 21 377.00
BILL TO: TAX 0.00
FREIGHT 0.00
TOTAL 21,377.00
Account Number Project Number Amount Account Number Project Number Amount
E 411.12.00.00.70420 E 000054.999 21 377.00
Aut orized Signature VENDOR COPY
F0'4R-M #3 CITY OF
ASHLAND
L i U' r jr t r
REQUISITION Date of request:
Required date for delivery:
Vendor Name ( i P LC is J"I `J/ "i )
Address, City, State, Zip tt~" k''JC tix, ~ C,(,( l C-C
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or ro osal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100.000 ❑ Written quote or proposal attached Agency
(3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES [I Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES / Total Cost
~'d"1f~%l~'1•t'f J f~"j ~ .-rte' ~J`NA'(C'f'; 1e:J3 C ~ .C'~'`fL ~ ~II't tt j~jfl~~'/1
x'11 l.¢r t: l 1. C~ r~ j s pt~ ~DlatvJ /3ia' ~ocl~vLra $ co
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
El Per attached quotelproposal TOTAL COST
Project Numbers L C ~ * -~_l~ Account Number------
Account Number~l1(_ l-L Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes /No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee C C' C_. L(, Department Head:
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year: AYES / NO C. / A--i Zd/('
Finance Director- (Equal to or greateCt an $5,000) Date
Comments:
Form #3 - Requisition