ITB Briscoe School Floor Replacement Phase 2 Project 2019-27c - Final.pdf

INVITATION TO BID

DEPARTMENT OF PUBLIC WORKS

Project Name: Briscoe School Floor Replacement – Phase 2

Project Number: 2019-27c

Project Type: Public Improvement Contract

Bids Due: 2:00 pm PST, Tuesday, March 18th, 2025

Invitation to Bid

Project 2019-27c: Briscoe School Floor Replacement – Phase 2

Notice is hereby given that the City of Ashland, Oregon, is currently accepting sealed Bids for Project 2019- 27c, Briscoe School Floor Replacement – Phase 2. All Bids received prior to the due date and time and in proper form will be publicly opened and read aloud in the Siskiyou Conference Room at the time set forth above as the deadline for receipt of Bids, and thereafter Bids shall be made available for public inspection. If the total amount of the contract to be awarded will exceed $250,000, the award of the contract must be approved by the Local Contract Review Board. A contract for the work will be awarded or Bids may be rejected, separately or entirely, within thirty (30) days after Bid opening. The City may cancel this procurement or reject any and all Bids in accordance with ORS 279B.100.

The general character of the work for this Project includes supplying all labor, equipment, and materials necessary to perform the following major work items at Briscoe School, 265 N Main Street, Ashland, Oregon:

• Acquisition of permits and issuance of all required notifications

• Removal and reinstallation of office and bathroom materials to facilitate removal of existing flooring and installation of new flooring

• Removal of existing flooring (including adhesive and coving) and disposal of removed material.

Work to be completed by a licensed asbestos abatement contractor.

• Installation of new flooring and coving.

The solicitation documents, including plans and specifications for the Project, are downloadable at OregonBuys (https://oregonbuys.gov/bso/). The solicitation documents and addenda may be downloaded at no charge. They will NOT be mailed to prospective Bidders. Bidders should consult the OregonBuys website regularly until closing to avoid missing any addenda.

TIME AND PLACES OF RECEIVING BIDS (BID CLOSING)

Bid closing for the work described above will be at 2:00 PM on the 18th day of March 2025. Bids shall be received before that date and time by Jason Strait, Project Manager.

For Bids submitted by mail or parcel delivery service, send sealed envelopes to:

City of Ashland C/O Jason Strait, Project Manager 20 E. Main Street Ashland, OR 97520

For Bids submitted by hand delivery, obtain a date stamp on the Bid and submit sealed envelopes to:

City of Ashland C/O Jason Strait, Project Manager 51 Winburn Way Ashland, OR 97520 The outside of the transmittal envelope shall bear the following information:

Name of Bidder Address and Telephone Number of Bidder Title of Project https://oregonbuys.gov/bso/

Date of Opening The Words “Sealed Bid”

If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications.

Bids, Bid modifications, and Bid withdrawals will not be accepted at or after 2:00 PM on the day of Bid Closing. Bids received late will be time and date stamped at the time of receipt, marked as “Rejected as Late Bid” and will be returned, unopened to Bidder.

PLACE, TIME, AND DATE OF READING BIDS (BID OPENING)

Bid Opening of properly submitted bids for the work described above will be in the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, Oregon, beginning at 2:00 PM on the day of Bid Closing.

COMPLETION TIME LIMIT

See Bid and Bid Schedule section of this ITB, paragraph 22.

CHECKLIST FOR BID SUBMITTAL

1. Part I – Bid & Contract Documents Fill in bidder information on the first page.

Indicate amount of bid bond in paragraph 18.

Indicate bidder status in paragraph 26.

Indicate number of addenda received in paragraph 34.

Fill in bidder information and sign paragraph 37.

Fill in unit prices and amounts for all bid items.

Fill in the total bid amount.

2. First Tier Subcontractor Disclosure Form

Fill in this form and include with bid schedule (or within 2 hours of closing).

3. Bid Bond Provide 10% bid bond on form included in Exhibit E

4. Prequalification

Provide three (3) examples of previous projects similar in nature to the work scope described in this Invitation to Bid as part of bid package.

CHECKLIST FOR CONTRACT SUBMITTAL (FOR FUTURE REFERENCE)

1. Standard Public Improvement Contract Fill in contractor data and certification portions of the Contract.

Sign the Contract.

2. Certifications of Representation

Check all items that apply and sign.

3. Provide IRS Form W-9.

4. Exhibit D – Certification Statement for Corporation as Independent Contractor. Complete and Sign.

5. Performance Bond Provide on form provided in Exhibit E.

6. Payment Bond

Provide on form provided in Exhibit E.

7. Insurance certifications as required by Exhibit C.

Introduction and Table of Contents

All Contract Documents are listed below. Documents are either attached or bound separately and available from the Project Manager. All Documents bound separately are incorporated into the Contract Documents and have the same force and effect as though set forth in full herein.

Contents

PART 1 - BID AND BID SCHEDULE

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PART II - PUBLIC IMPROVEMENT CONTRACT

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

CERTIFICATE OF REPRESENTATION

PART III – EXHIBITS

EXHIBIT A: STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

EXHIBIT B: COMPLIANCE WITH APPLICABLE PUBLIC IMPROVEMENT CONTRACT LAW

EXHIBIT C: PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS

EXHIBIT D: CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT

CONTRACTOR

EXHIBIT E: BONDS (BID, PERFORMANCE, PAYMENT)

EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION

EXHIBIT G: CERTIFICATE OF COMPLIANCE

EXHIBIT H: CONTRACTOR’S RELEASE OF LIENS AND CLAIMS

EXHIBIT I: CERTIFICATE OF FINAL COMPLETION

EXHIBIT J: ADDITIONAL INSTRUCTIONS TO BIDDERS

EXHIBIT K: NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR

CONTRACTORS

EXHIBIT L: RESPONSIBLE BIDDER DETERMINATION FORM

EXHIBIT M: SPECIAL PROVISIONS

EXHIBIT N: DRAWINGS

EXHIBIT O: ADDITIONAL INFORMATION

In the event of a conflict during construction, resolve any discrepancies according to 00150.10(a) Order of Precedence of the 2021 ODOT Standard Specifications for Construction.

PART 1 - BID AND BID SCHEDULE

NAME OF BIDDER ____________________________________

CONTACT ___________________________________________

ADDRESS ____________________________________________

CITY _____________________ STATE __________ZIP_______

TELEPHONE NO.______________________________________

FAX NO. _____________________________________________

EMAIL ADDRESS _____________________________________

To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520

In response to the City of Ashland’s Invitation to Bid, this Bid is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonably incidental to, the completion of all the work in connection with Project 2019-27c, Briscoe School Floor Replacement – Phase 2 (hereinafter “Project”) for the City of Ashland, Oregon, as described in the contract documents, including the general conditions, all applicable special provisions, plans, specifications or any supplemental documents.

This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted.

1. The undersigned has familiarized itself with the nature and extent of the Contract Documents, the project work, the site, the locality, the general nature of work to be performed by the City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work.

2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site (including without limitation utility interference) or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes.

3. The undersigned has notified the City of any conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents.

4. A mandatory pre-bid meeting will be held. The meeting will start at the Briscoe School (265 N. Main St) at 9:00 AM on February 27th, 2025. All statements made by the Contracting Agency’s representatives shall be non-binding upon the Contracting Agency unless confirmed by written addendum.

5. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is in the public interest to do

so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: Demonstrated previous experience with a similar scope of work. Please see paragraph 6 below.

6. As Pre-qualification the bidder shall submit a list of at least three (3) previous projects of a similar scope to that described in this Invitation to Bid as part of their bid package.

7. The deadline to file a written protest or request, pursuant to the Instructions to Bidders to change contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request.

8. All of the contract documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents.

9. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached, and they shall be accepted as part of the contract when issued.

10. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract:

• Bonds as described in Exhibit E

• Insurance as described in Exhibit C

• Certificates of Coverage for Workman Compensation and unemployment insurance.

• All other bonds, permits, licenses, information, etc. as required in the contract documents.

A checklist of submittals needed prior to contract signing is provided for guidance within this ITB.

11. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of “extra work” for which an increase in payment will have been earned and if there is a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned’s own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate.

12. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "Line Total $" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern.

13. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE".

14. In stating prices, it is understood that the prices include all materials and work required to complete the project in accordance with the Contract Documents, the plans and the specifications. If any material, item, or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE," the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE."

15. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B.100

16. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for.

17. The undersigned shall furnish bonds required by the specifications and comply with the laws of the

Federal Government, State of Oregon and the Cities of Ashland and Phoenix which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications.

18. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the sum of

_____________________, payable to the City of Ashland, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned.

19. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon

Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)].

20. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860.

21. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute.

22. The undersigned agrees to initiate and complete this Project under the following conditions, as stated below:

• There is one contract time for this project

• The work shall commence within ___30______ days after the City issues a written Notice to

Proceed (NTP) physically or electronically.

• Contract Time: All major work shall take place between the dates of June 30 and August 29 of

2025. Work which takes place after August 29, 2025 shall be subject to liquidated damages as defined below.

• Liquidated damages shall be $500 per day for each and every day that exceeds August 29, 2025, or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of delay in the completion of this project.

23. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid.

24. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder’s registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid.

25. The undersigned is aware that no person may engage in any business within Ashland without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland, ordinance.

The Contractor and their subcontractors shall obtain a City of Ashland Business License prior to beginning any work within respective city limits.

26. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below.

• The Bidder is ________ or is not _______ a Resident Bidder as defined in ORS 279A.120.

27. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the

City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms;

28. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud.

29. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)]

30. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder or their subcontractor is licensed under ORS 468A.710 for asbestos removal.

31. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so.

32. The undersigned confirms that this offer is not contingent upon City’s acceptance of any terms and conditions other than those contained in this Solicitation and the Contract Documents.

33. The undersigned, by the act of submitting a bid, affirms that the undersigned has investigated and is satisfied as to the site subsurface condition to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract.

34. The bidder understands that the City reserves the right to make changes to the Notice to Contractors /

Invitation to Bid and the resulting contract by written addenda no later than 3 business days prior to the closing time and date. Addenda will be posted to the OregonBuys website for download. The bidder must check the OregonBuys website frequently until closing.

The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule.

ADDENDUM NUMBER ____ THROUGH ____ HAVE BEEN REVIEWED

35. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid per OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City’s completion of the attached Bidder Responsibility Determination Form (Exhibit L).

36. Instructions for First-Tier Subcontractors Disclosure.

Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 279C.370).

Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage. Please see instructions found on the First Tier Subcontractor Disclosure Form.

THE CITY WILL REJECT A BID IF THE BIDDER FAILS TO SUBMIT A PROPERLY

COMPLETED DISCLOSURE FORM WITHIN TWO HOURS OF BID CLOSING.

THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO

SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE.

The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid.

37. Bidder Information and Signature

Firm Name of Bidder Signature of Bidder

Printed Name of Bidder

Official Title

State of Incorporation CCB Number

Dated this day of 20___.

Name of Bidder

Address

Telephone No.

BID SCHEDULE

No. Description Bid Unit Qty

Unit Price

$/Unit Line Total

Removal and Re-installation of materials (supplies, cubicle walls, cables, cabinets) Ea. 1

Removal and disposal of existing flooring systems by a licensed asbestos abatement contractor (to include coving) Sq Ft 8600 3 Installation of vinyl composition tile (VCT) Sq Ft 8100 4 Installation of sheet vinyl Sq Ft 500

BID TOTAL

Name of Authorized Representative Total Written in Dollars

Authorized Representative Signature Date

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

INSTRUCTIONS

Instructions for Submitting Form

Submit the First-Tier Subcontractor Disclosure form in any of the following manners:

• Not later than two working hours after the time set for opening Bids. (For example, before 4:00 PM after a 2:00 PM Bid Opening.) Submit according to one of the following methods:

• Print the form from the Bid Booklet, fill it in, and:

o Deliver to the following address where it can be time and date stamped:

City of Ashland Community Development and Engineering Services Building 51 Winburn Way Ashland, OR 97520, or

Instructions for First-Tier Subcontractor Disclosure

If the bid for this project exceeds $100,000 bidders are required to disclose information about first-tier subcontractors that will furnish labor or labor and materials (See ORS 279C.370) if the contract amount of a first-tier subcontractor is greater than or equal to: 1) 5% of the total bid or $15,000, whichever is greater; or, 2) $350,000, regardless of the percentage of the total project Bid.

Include:

• The name of the subcontractor

• The category of work that the subcontractor will be performing

• The dollar amount of the subcontract

If the Bidder will not be using any first-tier subcontractors as defined above, the Bidder is still required to submit the form, with the appropriate box checked or enter "NONE" on the first line.

THE AGENCY MUST REJECT BIDS if the Bidder fails to submit the disclosure form with this information by the stated deadline.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Project Name

Project Number

Bid Opening Date

Name of Bidding Contractor

☐ CHECK THIS BOX IF YOU WILL NOT BE USING ANY FIRST-TIER SUBCONTRACTORS OR IF

YOU ARE NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS (SEE INSTRUCTIONS)

Firm Name Dollar Amount

Category of Work

(Attach additional sheets as necessary)

PART II - PUBLIC IMPROVEMENT CONTRACT

FOR

Briscoe School Floor Replacement – Phase 2

Project No. 2019-27c

This Public Improvement Contract (hereinafter “Contract”) is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation (hereinafter “City”), and (hereinafter “Contractor”).

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually covenant and agree as follows:

1. PROJECT MANAGER:

The City’s Project Manager for this Contract is:

Jason Strait, Project Manager

2. WORK:

2.1. The Work under this Contract is for Project 2019-27c, Briscoe School Floor Replacement – Phase 2 more fully described in the Contract Documents listed in Section 5 of EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents.

2.2. 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 the Project 2019-27c, Briscoe School Floor Replacement – Phase 2 Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees, and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City.

3. EFFECTIVE DATE, DURATION AND CONTRACT TIME:

This Contract is effective as of the date of execution by the City (the “Effective Date”). All Work under this Contract shall, unless otherwise terminated or extended, be completed on or before the date shown below. As outlined in the Bid, the Contractor agrees to initiate and complete this Contract under the following terms:

• There is one contract time for this project

• The work shall commence within ___30______ days after the City issues a written Notice to

Proceed (NTP) physically or electronically.

• Contract Time: All major work shall take place between the dates of June 30 and August 29 of 2025. Work which takes place after August 29, 2025 shall be subject to liquidated damages as defined below.

• Liquidated damages shall be $500 per day for each and every day that exceeds August 29, 2025, or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of delay in the completion of this project.

4. CONSIDERATION

4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, the sum of for performing the Work required by this Contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by the City. Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions.

4.2. 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 upon City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable 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.

5. CONTRACTOR’S REPRESENTATIONS

In order to induce City to enter into this Contract, Contractor makes the following representations:

5.1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

5.2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work.

5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified or provided in the project bid documents especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the project bid documents, especially with respect to Technical Data in such reports and drawings.

5.5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

5.6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents.

5.8. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor.

5.9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

5.10. Contractor represents it has the proper asbestos certifications to complete the floor removal part of the project.

6. Governing Law

The provisions of this Contract shall be construed in accordance with the laws of the State of 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.

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

Business Name (please print):

Contact Name:

Phone: Fax:

Address

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 # Construction Contractors Board #

Citizenship: Nonresident alien ______ Yes _____ No

Business Designation (check one): _____ Individual ____ Sole Proprietorship ____ Partnership _____ 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 O together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2021 Standard Specifications for Construction, as amended by the City of Ashland’s most recent Addenda to the 2021 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that 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.

CONTRACTOR:

Signature/Title

Printed name

Date

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.

CITY OF ASHLAND SIGNATURE

CITY:

City Manager, City of Ashland

Date

ATTACHMENTS: Certificate of Representation Bid Schedule Exhibits A through N Special Provisions

CERTIFICATE 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:

________ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business.

________ (2) Commercial advertising or business cards or a trade association membership are purchased for the business.

________ (3) Telephone listing is used for the business separate from the personal residence listing.

________ (4) Labor or services are performed only pursuant to written contracts.

________ (5) Labor or services are performed for two or more different persons within a period of one year.

________ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.

Contractor Date

PART III – EXHIBITS

EXHIBIT A: 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.

b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D.

c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract.

d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees’ Retirement System, or workers’ compensation benefits from compensation or payments to Contractor under this contract.

2. Subcontracts and Assignment

Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor’s rights or delegation of Contractor’s duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)]

Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor.

Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers’ Compensation.

3. No Third-Party Beneficiaries

City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

4. Successors in Interest

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, Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLI) if applicable AND any other separately bound reference, Oregon 2021 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, or otherwise available from the City, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein.

6. Contractor’s Representations

By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work.

7. Drug Testing [ORS 279C.505(2)]

a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that includes, at a minimum, the following:

i. A written employee drug-testing policy,

ii. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and

iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs.

b. A drug-testing program that meets the above requirements will be deemed a “Qualifying Employee Drug-testing Program.” For the purposes of this section, an employee is a “Subject Employee” only if that employee will be working on the Public Improvement project job site.

c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection (d) below. Further, the City’s performance obligation (which includes, without limitation, the City’s obligation to make payment) is contingent on Contractor’s 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 ten (10) days of the date of the written Notice To Proceed. Contractor is not to commence work under the Contract prior to such written notice.

9. Suspension of the Work

The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to:

a. Failure of the Contractor to correct unsafe conditions;

b. Failure of the Contractor to carry out any provision of the Contract;

c. Failure of the Contractor to carry out orders;

d. Conditions, in the opinion of the City, which are unsuitable for performing the project work;

e. Allowance of time required to investigate differing site conditions;

f. Any reason considered to be in the public interest.

The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor’s violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in accordance with specifications.

10. Early Termination

a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time.

b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion.

c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and the Contractor’s surety, seven (7) days prior written notice of a termination for public convenience.

d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party’s intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination.

11. Payment on Early Termination

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…